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HomeMy WebLinkAboutOrdinance 38- 682, Regulates location of trades and industries and buildings (2) I .1 I I~Y Ordinle NDkA~~~-; RUWU ORDINANCE NO. 682 . 117 ~Jd hj Ord~:m~~3 Nf}......7LL~__ 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 BULK OP BUILDINGS HEREAFTER ERECTED OH A1'.rERED: REGULATING AND LIMI'l'ING THE IN'l'ENSI'lIY OF 'THE USE OF LOT AREAS, AND REGULATING AND DE'llERMINING THE AREA OF YARDS, counrrs AND OTHER J. OPEN SPACES WITHIN AND SURROUNDING SUCH BUILDLNGS; ESTABLISHING THE BOUND- ~'\":~~:;';> ~ /' ARIES OR DISTRICTS FOR 'THE SAID PURPOSES; AND PRESCRIBING PENALTIES FOR ~C;:0':"fjJ./ ~ THE VIOLNEING OF I'l'S PROVISIONS; AND REPEALING ORDINANCE NUMBERED 664 OF """",ill", /1.// THE CITY OF ,BOZEMAN .....li) ril.' PREAMBLE ,/ WlffiREAS: It is provided by the present Zoning Ordinance of The City of Bozeman, being Ordinance No. 664, Section VIII (2), that the Board of Adjustment under said Ordinance "shall have the power to recommend to the City Commiosion such changes in the district boundaries or regulations as it may deem necessal;"Y or desirable, It and the Board of Ad- justment undersuch provision has made certain recommendations to the C:i..ty CommL.sion for such changes and the City Commission has duly considered tl1.e same, as well as other changes and modifications designed to make the Zoning Regulations more efficient, equit- able and desirable and has accordingly determined upon certain changes and modificatj.ons after public hearing duly had as provided in Sect:Lons Nos. 5305.4 and 5305.5 R. C. Ivlont., 1935, Now, therefore, BE IT ORDAINED BY THE COMMISSION OF THE CITY OF BOZillJAN: Section I. DEFINITIONS Title: This Ordinance may be referred to as "The Zoning Ordinance." For the purpose of this ordinance, certain terms and words are dIefined as follows: Words used in the present tense include the future; words in the singular number in- clude the plural number, and words in the plural number include the sinGUlar number; the masculine gender includes the feminine and neuter genders; the word ltbuildinglt includes the word "structureU and the word1'lot" includes the words "plot" and lparcelu; "signature" includes mark when the person cannot wri te. The word IIperson" includes associations, partnerships, corporations, societ1es, religious, educational and fraternal orga~izations. Accessory Building: A subordinate building or portion of the main building which is located on the lot occupied by the main building, and the use of which is clearly in- cidental to the use of the main building. Alley: A public thoroughfare not over twenty feet (20') wide. Block: The property fronti~~ on one side of any street, avenue, or boulevard between the two nearest of any of the following: intersecting such street, avenue or bmllevard, to-wit: street, avenue, boulevard, park, waterway, railroad rignts-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 structure having a roof supported by columns or walls for the shelter, support or enclosure of persons, animals or chattels. Classification of Use Districts shall be as follows: 1. "A" Residence Districts. 2. "B" Residence Districts. 3. "e" Residence Districts. 4. "D" Residnece Districts. 5. Main Business Districts. 6. Business-Residnece Districts. 7. Industrial Districts. 118 The use permitted in Class "A" Residence District shall be the highest, and the use permitted in the Industrial District shallbe the lowest. 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 Itfronttt and its depth dimension its lfside", for the purposes of this ordinance. Where there is doubt or dispute on this point the decision of the Building Inspector shall control. Depth of Lot: The mean horizontal distance betvleen the front and rear lot lines. Side Yards: 'Ehe distance from the sides of a building to the side property lines on the "widthlJ dimension of the lot as above defined. Depth of Rear Yard: 'rhe mean hori zontal diD tance between the rear line of the building and the rear lot line. District; A section of The City of Bo zeman for which the regulations governing the hetght, the area, or the use of buildings, and premises are the same. Family: Any number of individuals living and cooking together on the premises as a single housekeepinG uni t. Height of Building: 'J:1he vertical distance measured from the average street level at the building wall. Height of Court or Yard: The vertical distance from the lowest level of such court or yard to the highest point of any bounding wall. Hotel: A building or premises where lodgine is provided, with or without meals, for more than twenty (20) persons. Interior or Inside Lot: A lot other Ulan a corner lot. Lodging Houee: A bui1dine or premises where lodging is provided for compensation for five or more persons but not exceeding twenty (20) persons. Lot: Land occupied or to be occupied by one building andaccessory buildings .and uses and including open spaces required under this ordinance. A lot may be land re- corded as such on the Records of the County Clerl:: and Recorder of Galla tin County, Montana. Lot Lines: 'The lines bounding 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 private garage is one which is accessory to a ~tilding used for private residential purDoses, single family, multiple family, or apartment, as thbse 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 capactiy for each farlly. Nfl buslness 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 san~ lot with a bUilding, between the building and the side line of the lot, extending throu.gh from the front building line to the rear yard, or to the rear line of the lot where no rear yard is required. Ordinance No. 682 I 1 I I I I 1t9 Single Family D."lelling: A detached building having accommodations for and occu- pied by one family only, and a private garage with living quarters with living quarters therein. Multiple Family Dwellings and Apartment Houses in A and B Districts: A building designed for, or occupied as the home of two or more families living independently of each other. Auto Court: An "Auto Court" is any tr11illtiple dwelling or group of dwellings other I than Bungalow Courts or Cottage Courts, hotels or apartment houses, w},ich is designed and/or intended for temporary occupancy from day to day of transients, and at a daily or weeldy rate. Auto court as here defined in cludes Auto Camp and 'rourist Camp. Cottage Court: A cottage Court, (as distinguished from an lIAuto Court," "Auto Camp" or "Tourist Camp",) is a group of separa:te one-family or two or more family units designed and intended for permanent tenants at a monthly or yearly rental. Where pBr- mitted, such Cottage Court single-family units shall be sube,jct to t116 same floor area 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 f~lily dwellings in the same district. Where other defini,tions are necessary resort may be had to the current issue Uniform Building Code of the Pacific Coast Building Officials' Conference and the Build- ing Code or Ordinance of 'The City of Bozeman. In all cases of doubt or dispn,te arising under this Ordinance, the decision of the Building Inspector of 'fhe City of Bozeman shall control, subject to appeal to the Board of Adjustment. SECTION II -- USE REGULATIONS 1. lJse Districts: For the purpose of classifying, regulating and restricting the location of trades and industries and the location of buildings designed for specific uses, The City of Bozeman is hereby divided into seven (7) classes of Use Districts: 1. trA" Residence Districts. 2. "Bit Residence Districts. 3. "C" Residence Districts. 4. "D" Rsidence Districts. 5. Main ~siness Districts. 6. Business-Residence Districts. 7. Industrial District. as shown on the Use District Map attached hereto and expressly made a part of this Or- dinance, and Use Districts are hereby created in The City of Bozeman, Montana, as the same are designated on the Use District Map hereto attach,ed. No building shall be erected, altered, or used, and no premises shall be used for any purposes except ir. con- formity witrl all the rep';ulations herein prescribed for the Use District in which such buildings or oremises are located. SECTION III -- NOT RETROACTIVE IN EFFECT It is not the purpose of this Ordinance to undertake a wide spread correction of undesirable conditions resulting from lack of proper control in the past. lt is the purpose to prevent future development of such donditions. It is therefore provided that the provisions of this Ordinance as to uses of buildings, structures, or premises shall not be construed to prevent the contimled use of existing buildings, for other uses than those herein permitted during the reasonable life of said buildinrss. Pro- vided, that any building or structure damaged more than 50% by fire shall not be re- Ordinance No. 682 120 paired, altered or used except as herein provided for new buildings or structures. SECTION IV DIVISION INTO DIS'l'RICTS. For the purposes of regulating, classifying and restricting the location of trades, industries, enterprises, etc., and the location of buildings, designed, erected or al~ tered for specified uses, and limiting the height and size of such mlildings and the use of lot areas and determinin8 the areas of yards and other open spaces surrounding buildings hereafter erected, and preventing additions to, and alterations or remodeling of, existing buildings or structures with the intent or effect of avoiding the restric~ tions and limi tations of this Ordinance contaj,ned, The City of Bozeman is hereby divided into Districts as follows, to~wit: SECTION V +~ BOUNDARIES OF DISTRIC'rS II A" RESIDENCE DISTRI C'l'. The bound8ries of "A" Residence District shall be as follows: Beginning at the point of intersection of the south line of Olive Street and the east line of Fourth Avenue, thence easterly along the south line of Olive Street to the wast line of Willson Avenue, thence southerly along the west line of Willson Avenue 100 feet, thence easterly along a line parallel to the south line of Olive Street and distant 100 feet therefrom to a point in the west line of the alley between Tracy Avenue and Black Avenue, thence southerly along the west line of said Alley to the point of intersection of said west line of said Alle~{ wi t~-; the south line of Dickerson Street produced, thence westerly along the said south line of Dickerson Street produced, to the we st line of 'rracy Avenue, thence westerly along the south line of Diclcer son Street to the west line of the alley between Tracy Avenue and Willson Avenue, thence southerly along said west line of said alley and said west line produced to the point of inter- section of the south line of College Street with the west line of the alley between Tracy Avenue and Willson Avenue, thence southerly along said west line of said alley and said line produced to the city limits, thence soutllerly along the city limits to a point midway between the south line of Cleveland Street produced and the north line of Arthur Street produced, thence westerly to the southeast corner of Lot 19, Block 19, Capitol Hill Addition, thence southerly along a line parallel to the east line of Sixth Avenue and distant therefrom 143 feet to a poi~t in thenorth line of Garfield Street, thence westerly alone said north line of Garfield Street to the east line of Sixth Avenue, thence northerly along said,east line of Sixth Avenue to the point of intersection of said line with the south line of the alley betweel ClevelandS'l'reet and Harrison Street, thence easterly along the south line of said alley to the point of in~ tersection of said south line produced with the e.ast line of Fourt}, Avenue, thence northerly along said east line of F'ourth Avenue to the point of beginning. liB" RESIDENCE DIS'l'RICT The "B" Residence District shall embrace four parts described as follows, to-wit: Part I. Beginnine at the point of intersection of the east line of Third Avenue and the :Joutl) line of Short Street, thence easterly along the said south line of Short Street to its intersection with the east line of the alley between Willson Avenue and Tracy Avenue, thence northerly along said east line of said alley to the south line of Peach Street, thence easterly along said south line of Peach Street to the west line of Ordinance No. 682 I 1 I. I 1 ,I 1.2t Black Avenue, thence southerly along said west line of Black Avenue to its intersection with the north line of the alley between Lamme Street and Mendenhall Street, thence westerly along said north line of said alley to a point 490 feet east of the east line of Seventh Avenue, north, thence north parallel with and 490 feet east of said east line of Seventh Avenue, north, to the north line of Beall Streot, thence east along said north line of Beall Street to the east line of Third Avenue, thence northerly alongthe said east line of Third Avenue to the point of beginning. Part II. Beginning at the point of intersection of the west line of Third Avenue and the south line of the alley between Main and Babcock Streets, thence southerly al:,mg said west line of Third Avenue to the north line of Babcock Street, thence westerly along the said north line of Babcock Street to the point of intersection of said north line of Babcock Street with the west line produced of Fourth Avenue, thence sou ~;herly 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 along the north line of said alley to its intersection with the west line of Sixth Avenue, thence :~ortherly aleng said west line of Sixth 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, west line of Eighth Avenue to the north line of Collcse Street, thence west- erly along said north line of College Street to the west line of Eleventh Avenue, thence northerly along the west line of said Eleventh Avenue to the south line of the alley be- tween Babcocl{ Street and Main Street, thence easterly along the south line of said alley to the point of beginning. Part III. Beginning at a point in the east line of the alley between Tracy Avenue and Black Avemle 100 feet south of the south line of Olive Street, thence easterly along a line parallel to the south line of Olive Street to the west line of Black Avenue, thence southerly along the west line of Black Avenue to the City Limi ts, thence follow:i.ng the city limits westerly, S'outherly, westerly, southerly and westerly to the point of intersectlon of the city limits and the east line produced, of the alley between Tracy Avenue and Willson Avenue, thence northe rly along the east line of said alley and other- wise 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 ofDickersol1 Street and its projec- tion to the east line Of\ the alley between 'l'racy Avenue and Blac}: Avenue, thence northerly along the east line of said alley to the point of beginning. Part IV. Bevinning at a point in the east line of the alley between Sixth Avenue and Fift:l Avenue 150 feet south of the south line of Cleveland Street, thence east along a line parallel to Cleveland Street to a point in the city limits 150 feet south of the south line of Cleveland Street, thence southerly alonG the line of the city limits to Lincoln Street, thence westerly along the north line of Lincoln Street to the east line Sixth Avenue, thence northerly along the east line of Sixth Avenue to the north line of Garfield Street, t:'nence easterly along the north line of Garfield Street to the east line of the alley lying between Sixth Avenue and Fifth Avenue, thence northerly alonG the east line of said alley to the point of beginning. Ordinance N . 682 ("\ 122 I'C" RESIDEHCE DIsrrRICT. The nOrr Residence District shall embrace parts described as follows: Part I. Beginning at the point of intersection of the east line of Black Avenue and the south line of Lamme Street, thence easterly along the south line of La.rrnne Street to the east line produced of Perkins Place, thence northerly along said east line to the sffilth line of Peach Street, thence easterly along 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 the south line of Lamme Street 150 feet east of the east line of Wallace Avenue, thence westerly along the south line of Lamme Street to a point 56 feet west of the west line of Wallace Avenue, thence southerly to a point in the north line of the alley in Black H, Rouse's Addition 56 feet west of the west line of Wallace Avenue, thence westerly to a point in the east line of Blacl: Avenue 150 feet south of the south line of La.rrnne Street, thence northerly along the east line of Black Avenue to the point of beginning. Part II. Beginning at the point of intersection of the east line of Baack Avenue ad the south line of Olive Street, thence easterly along the south line of Olive Street to the east line of Church Avenue, thence northerly along the east line of Orulrch Ave~1ue to the south line of Babcock Street, thence easterly along the south line of Babcock Street to the west line of the alley between C!n:uarc1b1 Avenue and Wallace Avenue, thence southerly along sald west line of said alley to the point of intersection of the south lire of Koch Street produced with the west line of said alley, thence westerly along the south line of Koch Street produced to the west line of Chn~ch Avenue, thence southerly along the west line of Church Avenue to the city limits, thence westerly along the city llmits to the east line of Black Avenue, produced, thence northerly along said east line of Black Avenue to the point of beginning. "D" RESIDENCE DISTRICrr The "D" Residence District shall embrace two parts described as follows: Part I. Beginning at the point in the NOrth Clty Limits, sald point being 490 feet east of the east line of Seventh Avenue, north, thence easterly along said North City Limi.ts to the east line of 'l'hlrd Avenue, thence southerly along the east line of 'rhird I I Avenue to the south line of Tamarack Street, thence easterly along the south line of Tamarack Street to the east line of house Avenue, thence northerly along the east Ilne of Rouse Avenue to the south line of Juniper Street, thence easterly along the south line of Juniper Street to the east line of Chl~ch Avenue, thence southerly 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 the west llne produced of. Perkins Alley, thence soutrlerly along said west line of Perkins Alley to the north line of Lamme Street, thence westerly along the north line of Lamme Street to the east line of Black I Avenue, thence northerly along the east line of Bl ack Avenue to the north line of Peach .. Street, thence westerly along the north llne of Peach Street and the north line of Dur- ston Road to the west line of the alley in Blmlc 47, lmes Addition, thence sou therly along a line parallel with the west line of Tracy Avenue to the point inthe north line of Sho~t Street 164 feet west of Tracy Avenue, thence westerly on the north line of Short Street to the west line of rrhird Avenue, thence southerly along the west line of Th.ird Ordinance No. 682 I I I 128 Avenue to the north line of Beall Street, thence westerly along the nort}l line of Beall Street to a point 490 feet east of the east line of North Seventh Avenue, thence northerly parallel with and 490 feet east of said east line of North Seventh Avenue, to the point of beginning. Part II. Also beginning at the point of intersection of the l':orth Ci ty Limits wi th the West City Limits; thence east along said NOrth City Limits to a point 490 feet west of the west line of North Seventh Avenue, thence southerly parallel with and 490 feet west of said west line of North Seventh Avenue to the north line of the east and west alley between Main and Mendenhall Street, thence west along the north line of said alley between Main and Mendenahll streets to the West City Limits, thence north along the said West CIty Limits to the point of beginning. DESIDRIPTION OF BUSINESS DISTRICT Beginning at the point of intersection of the east line of third Avenue and the south line of the first alley north of Mendenhall Street, thence easterly along the south line of saidalley to a point 56 feet west of the west line of Wallace Avenue, thence northerly along 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 Lamme Street to the west line of Wallace Avenue, thence southerly along the west line of Wallace Avenue to the north line of Babcock Street, thence westerly along tile north line of Bab- cock Street to the west line of Church Avenue, thence southerly along the west line of Church Avernle to the north line of Olive Street, thence westerly along the north line of 01 i ve Street tothe west line of Black Avenue, thence southerly along the west line of Black Avenue to a point 100 feet south of the south line of Olive Street, thence westerly along a line parallel to and 100 feet s au th from the south line of Olive Street to a point in the east line of Willson Avenue, thence northerly along the east llne of Willson Avenue to the nor th 1 ine of 011 ve Street, thence westerly along the nort?l line of Olive Street to the east line of Four th Ave nue , thence northerly along the east line of fourth Avenue to the south line of Babcock Street, thence easterly along the SOUt'll line of Babcock Street to the east line of Third Avenue, thence northe~ly along the east line of Third Avenue to the point of beginning. The Residence-Business District shall be composed of two parts, to be designated as Residence-Business District No. 1 and Residence-Business District No. 2 and described as follows: RESIDENCE-BUSINESS DIS'rRICT NO. 1 Beginnlng at the point of intersection of the east line of Thlrd Avenue, South, with the center line of Story's Addition, thence west along said center line of Story's Ad- dition through Blocks D, E, F, G, and H, of said Addit:'Lon, to the West City Limits, thence north along said West City Limits to the extended south line of the first. alley north of Main Street; thence east along said south line of the first alley North of Main street to the west line of the north and south alley between Eighth and Ninth Avenues, north, said line being 490 feet west of the west line of Seventh Avenue, north; thence north along the said west line of the alley between Eighth and 1inth Avenues to the south line of Beall Streetj thence east along the south line of Beall Street to a point 490 feet east of the east line of said Seventh Avenue, north, thence south parallel with and 490 feet Ordinance No. 682 124 east of said east line of Seventh Avenue, north, to the north line of the alley north of Mendenhall Street; thence east along said north line of Alley north of MendenIlall Street to the east line of Third Avenue; thence south along said east line of Third Avenue to the point of beginnlng. RESIDENCE-BUSINESS DISTRICT NO.2. Beginning at a point in tIle NOrth City Limits, said point being 490 feet west of the west line of Seventh Avenue, north; thence east along said North City Limits to a point 490 feet east of the east line of said Seventh Avenue, north; thence srnltherly parallel with and 490 feet east of said east line of Seventh Avenue, north to the s ruth line of Beall Street; thence west along said south line of Beall Street to a point 490 feet west of the west line of said Seventh Avenue, north; thence north par" allel with and 490 feet west of said west line of Seventh Avenue, north, to the point of beginning. INDUSTRIAL DISTRICT Beginning at a point in the city limits 1381 feet west of the west line of Rouse Avenue, nortil; thence easterly along the city limits to the west Ilne of Rouse Avenue; thence southeasterly along the southwesterly side of front street vacated and not vacated, to the westerly side of McAdow Avenue; thence southerly along the west line of McAdow Avenue to the north line of Main Street, thence westerly along the north line of Main Street to the point of intersection of said north line of Maln Street with the west line of Lindley Park produced, thence southerly along said westerly line of Lindley Park to the polnt of intersection with Mill Canal, thence along the said Mill Canal to St.ry Street, thence westerly along the north line of Story Street to the east line of Chl~ch Avenue; thence northerly along the east line of 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 south line of Koch Street pro" duced to the point of its intersection with the east line of the north and south alley between Cbarch Avenue and Wallace Avenue, thence northerly along the east line of said alley to Babcocl{,. Street, thence easterly along the south lire of Babcock Street to the east line of Wallace Avenue, thence :northerly along the east line of Wallace Avenue to the south line of Lamme Street, thence easterly along the south line of Lamme Street to a point 150 feet east of the east line of Wallace Avenue, thence northerly along a line parallel to and 150 feet from the east line of Wallace Avenue to the north line of Peach Street, thence westerly along the north line of Peach Street to the east line of Churhh Avenue, thence northerly along the east line of Church Avenue to the north line of Juniper Street, thence westerl.'T along the north line of Juniper Street to the east line of Rouse Avenue, thence northerly along the east line of Rouse Avenue to the north line of Birch Street, thence westerly along the north line of Birch Street to the east line of Montana Avenue, thence northerly along the east line of Montana Avenue to the north line of Oak Street, thence west- erly along the north line of Oak Street 1027 feet, thence northerly to the point of beginnlng. Ordinance No. 682 I I" I I "I I J25 Section VI -- RESTRICTIONS WITHIN DISTRICTS "A" Residence District In the "A" Residence District except as herelnafter provided no building or struc- ture 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 dwellings, provided trlat the area for each fa1:lily shall be not less than the area required for single family residences as here- in after specified, but said area may be distributed between two floors. (3 ) ( 4) Schools and Colleges. Boarding and Rooming Houses limited in size to five roomsin addition to fa.11ily quarters,;,; . Parks, Recreation buildings, and Clubs not conducted as a business or operated for profit. (5 ) (6 ) Private garages and other small accessory buildinssfor customary lncldental 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 garbage at all times, provlded that other uses of vacant lots may be per- mitted by written authority of the Director of Public Safety with the con- tlnuing consent of the owners of 80%, of the property within 300 feet of the lot or lots. Buildings shall be so placed that there shall be a front yard (entirely un- occupied 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 slde yard (entirely unoccupied by any building or part thereof) on each side of every building, Such side yard shall have a depth of not less than 8 feet. Provided that the side yard on the street side line 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 buildings may be reduced in depth to 5 feet). But on corner lots shall be not less than 25 feet from the front street line and 15 feet from the side street Ilne. In blocl{ s where buildlngs 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 th8t no front yard shall have a depth of less than 15 feet and provided further that the front yard for all buildings on corner lots shall be not less than 25 feet deep. The intention of these prOvisions as to side yards is that there shall be a distance of not less than 16 feet separating main brlildings on the lot ltwidthlt dimension as ltwidth dimensionlt is defined in Section I of this Ordinance. ( 8) (9) Each sinr':le 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 famlly dl'velling shall have an area of not less than 1000 square feet for each family, which may be dis- trlbuted on two floors above ground. "Bit RESIDEIJCE DISTRICT In the "Bit Residence District except as hereinafter provided no buildin1g or struc- ture shall be erected or materially altered, nor shall any building or premises be used except for one or more of the following uses: (1) Any use pernitted in "An Residence District. (2) Apartment Houses, hospitals limited to three stories above the ground. (3) Churches and other places used exclusively for reliGions vvorship. (4) Libraries and Museums. (5) Institutior.s of an Educational Philanthropic, or Eleemosynary nature. (6) Buildings shall be placed to provide the same depth of' front and side yards as are required In ttA~ Residence District. (7) Each single family residence and/or other main building sha:Ll have an area of not less than seven hundred square feet on the main floor. Each miiLtiple family dwelllng or apartment shall have an area of not less than 700 square feet for each family, which may be distributed on two floors above ground. Ordinance No. 682 126 (8) The Dlrector of Public Safety may in his discretion give written permlssion to keep afamily cow or poultry, for family use only, with the continuing con- sent of the owners of 80% of the property within 300 feet of the lot or lots upon which such cow or poultry is leept. "C" RESIDENCE DISTRICT In the "c" Residence District, except as herein provided, no buildlng or structure shall be erected or materially altered nor shall any building or premises be used except I for one or moreof the following uses: (1) Any use perIni tted in "A II or "B" Residence Distric ts. (2) Apartmen t Houses or Hotels. (3) Clubs, Hospitals. (4) Each single family dwelling or main building shall have a main floor area of not less than 550 square feet above ground. Multiple farrily dwellings or apartment houses shall h~ve a floor area of not less than 1100 square feet, which may be distributed between two floors above ground. (5) Building shall be so placed as to provide the same depths of front, side and rear yards as are required In \IAn Residence District. "D" RESIDENCE DISTRICT In the "nil Residence District, except as hereinafter provided no building or struc- ture shall be erected or materially altered, nor shall any building or premises be used except for one or more of the following uses: (1) Any use permitted in nAn, liB", or I'CII Residence Districts. ' (2) Small work shops, horse barns, cow barns, dog kennels, rabbit pens, shall be allowed in "D" Residence Distrlct, only. (3) Vacant lots may be used for pasturlng livestock. (4) Buildings shall be so placed that there shall be a front yard, entirely un- I occupied 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 depth of not less than 8 feet and a rear ye.9I' of not less than liJ feet. Providing that the side yard on the street slde of corner lots shall be not less than 15 feet in depth. Provided furttler that one side yard of a one story garage or other small accessory buildings may be reduced in depth to 5 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 may be made equal to the depth of the front yard of the hearest 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 these provislons as to "side" yards is that there shall be a distance of not less than 16 feet separating main buildings on the lot ltwidthlt dimension as "width" is defined in Section I of this Ordinance. (5) Buildings may be constructed of any size desired, provided they are of reasonable design and are builtin a worlnnanlike manner and do not create or tend to create a hazard to life or property. MAIN BUSINESS DISTRICT Except as herein provided, no building or struct~~e shall be erected or materially altered nor shall any building or premises be used except for one or more of the following uses: 1. Any use permitted in A,B and C Residence Districts. 2. Amusement Places. 3. Auction Rooms. 4. Bakeries, employine; not more than 8 persons. 5. Banks. 6. Barber Shops. 7. Battery ~ervice Stations. 8. Billboards and Signs. 9. Co.tering Establishments. 10. Coal, Coke, Lumber, Wood or Building Material Storage Yard. 11. Comfort Stations. 12 Conservatories. 13. Creameries, employing not more than 8 persons. 14. Danclng Academies. 15. Dressmaking Establishments. 16. Dyeing and Cleaning Works employing not more than five persons. 17. Electric Repair Shops. 18. Employment Agencies. --.. I Ordinance No. 682. I I I 19. Freight Stations or Bus Stations. 20. Gasoline and Oil Stations. 21. Hotels. 22. Laundries employing nor more than five persons. 23. Laboratories. 24. Locksmith Shops. 25. Lodge Halls~ 26. Ma~ress Repair Shops. 27. Messenger or rrelegraph Service Stations. 28. Millinery Shops. 29. Offices. 30. Painting and Decorating Shops. 31. Parking Lots. 32. Photograph Galleries. 33. Plumbing Shops. 34. Post Offices. 35. Printlng Shops. 36. Public Garages. 3'7. Recreation Buildings and Structures. 38. Restaurants. 39. Roofing and Plastering Shops. 40. Sales or Show Rooms. 41. Sharpening or Grinding Shops. 42. Stores and Shops for the conduct of a Retail Business. 43. Shoe Repairing Shops. 44. Studios. 45. Tailor Shops employing nor more than five persons. 46. Telephone Exchanges. 47. Tinsmithing Shops. 48. Tire Repairing Shops 49. Undertaking Eatablishments. 50. Upholstering Shops. 51. Used Car Lots. 52. Ahy business use similar to or connected with any use above particularly specified. Any building primarily used for any of the above enumerated uses may have not more than forty per cent of the floor rlrea devoted to industry or storage purposes In- cidental to such primary uses; provided that not more than five employees shall be en- gaged at any time on the premises in any SUC}l incidental use. Buildings on Main Street, on Mendenhall Street, or on the north side of Babcock Street or on any Avenue may be built to the street line. Buildings on other Streets within the Main Business District shall be so placed that there shall be a front yard having a depth of not less than 15 feet. A slde yard on each side of each mlilding having a depth of not less than 10 feet shall be provided for al~ buildings of frame wall or unprotected metal wall construction permitted under the Ouilding Ordinance. In the construction of any building in the business distrlct satisfactory facili- ties must be provided for loading and unloading stocks of merchandie, etc., at the rear en trance. BUSI~~SS-RESIDENCE DISTRICT NO.1. In business-Residence District No.1, no building orstructure shall be erected or materially altered, nor shall any building orpremses be used except for one or more of the following uses: (1) Any use permitted in Main Business Distrlct. (2) All buildings shall be so placed that there shall be a front yard, entirely unoccupied by any building or structure or part thereof, having a depth of not less than 10 feet, a side yard on the street side of corner lots, sim- ilarly unoccupied, of a depth not less than 10 feet, and a rear yard of not less than 10 feet. In addition to the foregoing requirements every bullding of frame wall, or of unprotected metal wall constructlon shall have a side yard on each side having a dep,th of not lessthan 10 feet. 'rhe intention of these provisions as to "side' yards is that there shall be a distance of not less than 20 feet separating main buildings on the lot "width" dimension as "width" is defined in Section I of this Ordinance. BUSINESS-RESIDENCE DISTRICT NO.2. In business-Hesidence District No. 2 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 uses: Ordinance No. 682 127 128 (I) Any use permitted in Main Business Distrlct. (2) Any use permitted in Business-Residence Dlstrict No. 1 (3) Tourist Camps and Auto Courts; provided, that before permit may be issued for a Tourist, Auto Camp or Cottage Court, plans and specifications 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 either, in a clean and sanitary condition and for the prevention of conges- tion or over-crowding, shall be submitted to the City Commission and by such Commission approved. (4) All buildings shall be so placed that there shall be a front yard, entirely unoccupied by any structure orpart tilereof, having a depth of not less than 10 feet; a rear yard of not less than 10 feet; side yards on each side of a main structure on an inside lot of not less than 10 feet, and on the street side of corner lots a yard of not less than 10 feet. In additlon to the fore- going requirements, every bullding, maln or accessory, of frame wall or un- protected metal wall construction shall have a side yard on eacll side having a depth of not less than 10 feet; the purpose and intent of this re~uirement being that there shall be a distance ser,arating buildings on their I side" orllwidthU dimension as "width dimension' is defined in Section I of this Ordinance, of not less than 10 feet. But this requirement shall not apply to buildingsin Tourist Camps and Auto Courts where plans and specifiBations for such Camps or Courts have been submitted to the City Commission and by it approved, as required by sub-division (3) above. INDUSTRIAL DISTRICT The Industrlal District is created to provide a District for use for any manufac'" ture, process, business or treatment whatsoever and no such use shall be excluded there- from whicb does not create or tend to create a nuisance and/or an undue hazard to life and/or property. It shall be the duty of the Director of Public Safety to determine if \ any use or porposed use does or will tend to create such a nulsance and/or hazard. Any applicant or any other interested person amy 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 Commission shall finally decide the appeal after Public Hearing thereon. Pro- vided reasonable notice of such hearing has been given by suitable publicatic'n. No 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 appnoved as herein provlded. SECTION VII PROVISIONS AFFECTING ALL DISTRICTS. Where there is an existing buildinf, havinf, front, side or rear yard smaller than is permitted for new buildings under this ordinance, such front, side or rear year may not be further reduced; nor, where there is an existing building having front, side, or rear yard, larger than required by this ordinance, may such front, slde, or rear yard be reduced below what is required by this ordinance for a new buildins of like character. Where the erection of an;l proposed new building will have the effect of reducing any front, side, or rear yard of an existing building below what is requlred by this ordi'" naDce for a new building, permi t for such new building shall be denied. YJhere it appears J to the staisfaction of the permit issuing authority that the erection of any new b11ilding will have the effect of nullifying or evading by any means or device whatsoever any part or provision of this ordinance, permit for such new building shall be denied, subject to appeal to tl1e Adjus tment Board by the denied applicant. Ordinance No. 082 I I I I I I 129 SECTION VIII -- BOARD OF ADJUSTMENT, IvTEMBERSHIP, MEETINGS, APPEALS, ETC. Creation & Membership. ~he Board of Adjustment is hereby authorized to be establlshed. The word "Board" when used in this section shall be construed to mean the Board of Adjustment. The sald Board shall consist of five (5) members appointed by the Mayor and subject to confirmation of the City Commission. EaCh of saim members shall be appointed to hold office for a period of three (3) years and until his suc- cessor 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 unexplred term of the retired member. All of the members of sald Board shall serve without com- pensation, and they shall not be sl:l.bject to removal by e:i.ther the Mayor or the City Commission without cause, (wrltten charges and public hearing being requir:d). Meetings: Meetings of the Board shall be held at the call of the Chalrman and at such other times as the Board may deternune. Such Chairman or in his absence the acting Chairman may administer oaths and compel the attendance of vii tnessos. All meetings of the Board shall be open to the public. ~he Board shall adopt its ovm rules of procedure and keep a record of its procedures showing the action 0 f the Board and the vote of each member, upon each question considered, or if absent or failing to vote indicating such fact. Appeal: Appeal from the rullngs or the Buildine; Inspector concerning the en- forcen~nt of the provislons of this ordinance may be made to the Board of Adjustment wi thin sucb. time as shall be prescribed by the Board by general rllle. The appellant shall fil~ wit~ the Building Inspector ~nd with the Board of Adjustment a notice of Appeal specifying the grounds thereof. The Building Inspector shall forthwith trans- mit to the Board all of the papers conrnitutlng the record upon wIlicn the action appealed from was talcen. 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 have been filed with him that by reason of facts stated in the certificate a stay would in his opinion cause imminent peril tD life or property. In such case proceedings shall not be stayed otherwise than by a restralnlng order vfhich may be granted by the Board of Adjustment or by a Court of Record on applicat'on or notice to the officer from whom the appeal is talren and on due cause shown. SECTION IX -- JURISDICTION. (1) The Board shall, upon application, revlew the actions of the Building Inspec- tor in order to determine whether they are In accordance with the provislons of this ordinance, and in case of disagreement the decision of the Board shall supersede that of the Building Inspector. the concurr:tng vote of four (4() members of the Board shall be necessary to reverse any order, requirement, decision or to decide in favor of tIle applicant on any matter upon which It is required to pass under this ordinance or to effect any variation in this ordinance. rrhe Board of Adjustment shall have the following power: (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. Ordinance No. 682 1.30 (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 thls ordinance as will not be contrary to the public interest, where, ovmg to special conditions, a literal enforcementof the provisions of thls 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 power, such board may in conformity with the pro- visions of this ordinance reverse or affirm wholly or partly or modify the order, require- I, ment, decision, or determination appealed from and may ffial{e such order, requirement, de- cision or determination as 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 tile power to recommend to the City Commission such changes in the dis trict boundaries or regulations as it may deem necessary or desirable), as more partlcularly set forth In Section X of this Ordinance. (3) The Board may from time to time adopt such rules and regul ations as may be doemed necessary to carry into effect the provisions of this Ordinance. (4) ;l'he Board shall recom.-rnend to the City Conunission the use, height, and area districts in which each part of any annexation to The City of Bozeman shall be placed. SECTION X CHANGES AND Ar~ND~mNTS 'llhe Board of Adjustment shall of its own motion, or upon petition slgned by one or more property owners of any district or portion thereof, or upon instruction from the Ci ty Commi s sian, cause to be prepared a notice indica ting t.l1e changes proposed to be made in the reglJ_lations or In the district boundary lines, descrlbing the boundaries of the territory to be affected. Such notice shall state the time and place of a public I hearing for consideration of such proposed amendment, supplement or chanc;e, and the place where maps of the proposed amendment, supplement or chang:e will be accessible for examination by interested parties. Notice of such public hearing shall be published at least fifteen (15) dnys in advance thereof in at least one daily newspaper of general circulation in The City of Bozeman, also Dole notices shall be placed upon two or more poles in sald dlstr:Lct to be cJ-lanced or affected. Such hearing may be adjourned from C time to tL'1e. After such publiC hearing the BO~lrd of Appeals shall report to the ity Conunission on the proposed amendment, supplement, or change, and may cause an ordinance authorizlng such pro})osed amendment, supplement or change to be presented to the City Commission of 1'he Ci ty of Bozem.rm but the same shall not be offered for passage until after ten (10) days from and after the date it is so presented to the City Com~ission unless the said ordlnance at the time it is so presented shall be accompanied by a comnn:micatlon from the said Board of Adjustment, advislng tho. t all of the owners of the frontage proposed to be altered; the owners of tlle frontage immediately adjoining in the same bloclc; the owners of the frontaGe In the block bac].:: of or across the alley therefrom; and the owners of the frontage directly opposite the frontage proposed to be altered, h,'ve filed with said Board of Adjustment their written consent to such amend- I ment, in whlcll case the sa:td amendment may be presented for passage at any re;'"lllar meeting of the City Commission subsequent to the date of its presentation or at the same meet:i.ng at which it was presented by unanimous consent to suspend the rlJ.les, but the same shall not be passed except by the favorable vote of two-thirds of the members of the City Commlssion. Whenevor under the terms of this ordinance any proposed amendment shull be Ordlnance No. 682 '.1... " I I 13t required, to ilay over for ten (10) days after it is presented and a written protest against such proposed amendment, supplement, or change, singed by the owners of twenty (20) per cent of the frontage proposed to be altered, or by the onwers of twenty (20) per cent of the frontage immediately adjoining in the same block or in the block back of or across the alley therefrom, or by the owners of twenty (20) per cent of the front- age directly opposite the frontage proposed to be altered, shall have been filed with the Clerlc of the Commission of rfhe City of Bozeman within ten (10) days after the said ordinance is so presented, the ordinance provlding for such proposed amendment, supple- ment or change shall ~ot be passed except by the favorable vote of two-thirds of the members of theCity Commission. SECTION XI COMPLETION OF BUILDINGS UNDER EXISTING PEfZMITS. 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, or complete plans for which are on file with the Building Inspector at the time of the passage of thls 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 withln six 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 dQte of the passage of this Ordinance. SECTION XII VIOLA'I'ION, PENALTY, ENFORCEMENT. Any person, firm or corporation who violtaes, disobeys, omits, neglects, or re- fuses to comply wlth, or who resists the enforcement of, any of the provisions of this ordinance shall, upon conviction be fined not less than ten dollars ($10.00) nor more than one hundred dollars ($lOO.C'O) for each offense and each day that a violatlon shall continue shall constitute a separate offense. SECTION XIII VALIDITY OF ORDINANCE All ordlnances or parts of ordinances in conflict herewith are hereby repealed, but if any section, paragraph, subdivision, clause or provision of' this ordinance shall be lnvalid, such invalld! ty shall apply only to the sectlon, pnragraph, subdi vi sion, ~lause, or provision so invalid, and the remainder of this ordinance shall be valid and effective. SECTION XIV REPEAL Ordinance No. 664 of The City of Bozeman is hereby repealed, but this shall not be construed to revive in whole Or in part, Ordinance No. 661 of The City of Bozeman re- pealed by Ordinance No. 664, hereby repealed. SECTION XV EI~FECTIVE DNrE This ordinance shall be in full force and effect from and after thirty days after its adoption. Provisbnally passed and adopted by the Commi :inion of 'l'he Oi ty of Bozeman on the 22nd day of July, 1938. I<'inally passed and adopted by the Commlssion of The City of Bozerr.an this 29th day Ordinance No. 682 I 132 of July" 1938. Attest: .(/:~, lerk of the Commission Mayor I State of Montana ) ) ss County of Gallatin ) I, L. G. Shadoan, Clerk of the Commission of The City of Bozenmn do hereby certify that the foregoinc Ordinance No. 682 was published by title and nwnber in the Bozeman Daily Chronicle, a newspaper of ge1,eral circulation printed and published in said City, on the lOthday of August, 1938. IN WITHESS WHEHEOF I hereunto set my hand and affix the seal of my office this 12th day of August, 1938. <'I~ - lerk 0 the Commi ssion- I