HomeMy WebLinkAboutOrdinance 41- 711, Classifies, Regulates Location of Trades and Buildings, Etc., Repeals Ordinance 682 as Amended by Ordinance 699; Amended by Ordinance 735, 739, 753 and 764
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AN ORDINANCE CLASSIFYING, nr:CULA1'ING AND RESTnICTING 'TilE LOCATIONS OF rl'RADES
AJ.L) INDUSTRIES AND rl'HE LOCArr'ION OF' BUILDn:GS DESIGNED FOR SPECIFIED USES;
REGULA'l'ING AYD LH::ITIlW TIm InnG11T AED BULK OF 13UILJINGS HEREAF'1'l.m ERECTED OR
A1'I'I,~~RKD; REGULA TING i;J:D LIMITING TIill INT:im:3J: 'lY OF '1'118 USI~ OIi' LorI' AREAS, AND
REGULA'1TNG AR;J DET,':RMINING 'rIfE AR~~A Oli' YARDS, COURTS AND OTlIER OPEN SPACES
WITEIlT Ai:D SURTIOUl':DH.,c; SUCTE BUILDn:GS; ESTABLISHING rrEE BOUKDARIES OR DIS'I'RIC'1'S
FOR TEE SAID PURPOSES; AND PRESCRIBING 1 ENALTIES Fon THE VIOLJI.'I'ING 01:' ITS rRO-
VISIONS; AND R:i:PEALING ORDINANCE IHnmER8D 682 AS ALIE1DE;J BY OIWINANOE NO. 699,
OF TIlE CI TY OF BOZ2iIAF.
R~P3119t "Ord:n!nee ll1.:11 ~
ORDINANCE NO. 711
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Vl:IIER.EASj It is provided by the present Zoning Ordinance of rl'he City of Bozeman,
be J ne; Ordinance No. GC32, Sec tion VIII (2), tr..a t the Board of Adjus tn;en t under said
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Ordinance "shall have the power to recommend to tbe City Commission such cJ:Janges in the
d:!.s trict boundaries or refT,ulations as it may deem necessar:;r or desirable," and the Board
of Adjustment 1JndeI' SUc[! provision has made certain recommendations to the Cit:: Commission
for such changes and the Oi ty Commis [-lion has duly considered tr}e same, as well as 0 theI'
changes and modifications designed to make the Zoning Regulations more efficient, equit-
able and deslrable and has accordinp:ly determIned upon certain changes 8'nd modif'ica tlons
after public hearing duly had as provided in Sections Nos. 5305.4 and 5305.5 R. C. Mont.,
1935, Now, T~erefore,
BE IT ORDAIEED BY TILE COl.:r.:ISSION OP TIlE CITY OF BOZEMAN:
SECrl'ION T.
SIIOH'1' TITLE - - DEFINITIONS
SHOErl' TITLE: This OI'dlnance may be referred to as "1'he Zoning Ordinance".
1"01" the purpose of t.t:.is ordinance, certa In terms and words are def~ned as follows:
Words used in the pr,sent tEnse include the future; words in the singular number in-
clude the plural number, and words in tile plural number include the .singular number;
tIle masc111ine r:ender Includes the feminine and neutor genders; the word "building"
'ncludes the word "s truc tl1re" and the word "lot" includes the words "pIo t" and "parcel";
"sgna ture" inel udes marl{ '.vhen the person canna t wri te . 'rhe word "person" includes asso-
ciations, partnorst~ps, corporations, societies, religious, educational and fraternal
orcaniza tions .
Accessor~" Building: A subordinate building or portion of the mrdn blJilding wJ:dch
is located on the lot occupied b;T tlle main building, and the use of Which is clearly in-
cidental to the lJSe of the main bulldlnr:~.
Alloy: A public thoroughfare not more than twenty foot (201) wide, except if and
wben otherwise offleially platted and desla-nated an alley.
Block: The propert;7 frontinr on ono side of anystroet, avenue or b0l1levard bet'JVeEm
the two nearest of any of' the follo'idnc:: intersecting such street, avenue or boulevard,
towlt: Street, Avenue, Boulevard, pnrk, waterwa;,', railroad rights-of-way.
Boarding House: A bu:i.lding or prElr.1ises where meals Brc served for componsa tion for
five or more persons but not exceedIng twonty (20) persons.
Eu ilding: A b11ildinQ' ls a s true 't;-,re IT'ae for trle use or convenience, and des igned
for the habitation of, men, the shelter of animals or the storac;e of property, and inclu-
des shed, gara~"o, stable, barn, greenhouse or other accessory structure.
SECTIOF II. - - Ch4SSIPICATICN AND USES
Class~fication of Use Distr:cts shall be as follows:
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"AU Residence Distr:i.cts
II E" Res :i.dence Dis tric ts .
"c" Residence Districts.
"Du Res idence DIs tric ts .
ITa in Bus ines s Dis tric ts .
Business-Residence Districts.
Indus trial DIs tr ic ts .
(a) The use porrn:ttted in Class nA" Residence District shall be U;_8 highest, and the
use permi tted in the Industrial Distr:lct shall be the lowest.
(b) Corner Lot: A lot siblated at tLe junction of and fronting on two or more stroets,
and having a width not greater than sixty-six (66) feet. Its '.tvidth dimension is its "frontll
and its depth dimension its "side", for the ~rposes of this ordinance. Where there is
doubt or dispute on this point the decision of the Building Inspector shall control.
(c) Depth of Pront Yard: The mean horizontal distance bebveen the front building
line, at ground level, and the front lot line, open steps from. building not included.
(d) Side Yards: The distance from the outside of the side wall of a building to
the side propert~.- lines on the "width" dimension of the lot as above uefined.
(e) Depth of Rear Yard: The nen n horizontal dis tance mcasured from thc rear of
t:-,e rear building line, at ground level, back toward tl:e rear of the lot, that ':'s, the
rear yar(.3. s1:wl1 in 811 cases be that part of the lot, directly opposite to tho front yard.
(f) District: A section of The City of Bozeman for which the romllations governIng
t"be helc:lit, tl~e area, or the use of buildlnr;s unGer t:lis ordinance and promises are the same.
(g) Far.1ily: Any number of individuals Ll'ln'" and cooking t00;'ether on the prelTiises
as a single housekeeping unit.
(h) IIeL:,:ht of Bu;ldinIT: The hie;hest vertIcal distance measured from the average
street level at any bounding wall of a bul1d1nv.
(i) Heirrht of Court or Yard: The vertical distance froY" the lowest level of such
court or yard to the highest point of any boundin~ wall.
(,j) Hotel: A buildlna or premisss whore lod["lnc Is rrovi(led, witb or wiUiOut lTloals,
for more than twenty(20) persons.
Od Interior or Inside Lot: A lot oth::;r tban a corDer lot.
(1) Lodging I~Use: A building or pre~ises where lod~:ng is provided for componsa-
tIon for five or more persons but not exceed:ng twenty (20) persons.
(m) Lo t: Land oc cup:!.ec1 or to be oc cl,lpied b~- one bll i l(Ene and acces sor:r b1JDdinD's
and lJses and includine: open spaces reqlllred under this ordinance. A 10 t m8.;,' be land S}-iown
as slJch on the Records of the County Clerk and Recorder of G..,llatin VOllnt,;,r, I',Tontana.
(n) Lot 'Lines: The lines bOlmding a lot as a lot is uef_:ned herein..
(0) Non-c'Jnforming Use: A use of a bu:i.ldinrr or premisos tJ:-lat does not conCor::n wi th
the l' ''':';)1 la tions of tl,e use di s tric t in which it is 3i hw ted.
(p) Private Garace: A private garage is one Which is accessory to a buildin~ 113ed
.for pr:i,vate residentIal purposes, sinsle family, multiple far:ily, or apratment, as t;;osc
terms are lised and dofined in this Ordinance. If it is a sin~~le family dwelling the earaGe
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me,;,,' have a c8paci t;7 of not P.1.ore than three cnrs. If it :is 0. nul tiplc fa:oJily dwelling for
","-ore thl1n three families, or an apartment house, i t ma~" have 8 ,"'ara-'o of not r:loro than
one car capacIty for eac~ faY"ily. ~!o business of an~< kin:~L or character sh,9.11 lJe COD\lucted
or carried on in B private garaEe.
(q) P"blic Garap:e: Any g-ara;e not incl'Lldeu within tLe defInition of a private CaraC:;e.
Ordinance No. 7ll.
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(1") Side Yard: An open unoccupIed space on the same lot with a building, between
the buildinrr and e1 ther side line of the lot, ex tendln~:r tlJrougL from the front building
line to' the rear yard, or to the rear line of the lot where ro rear yard is required.
(s) Single Fa~11y DwellinE: A detached building hQvin~ accomodations for and oc-
Cll pied by one family only.
(t) Multiple Pam1.1y Dwelling: A buildln,l7 of not more than four (4) units under one
roof, having two or more separate single rooms or sets of rooms or apartments for human
occupation, each set h9ving a separate entrance from the f:troet or from the pr:mnds on
which the buildinG is erected; and each separate living unit to be complete in itself, with
separate cooking oqu.'prr'.ent, bathroor;] Gnu to.llet facIlities.
(t-l) Apartment :tlousc: A ;,nlildin~ uncleI' ono roof but:~]"vided irto separated livln:;;
accomodations of one or morc rooms for ~l~an occupation; access to any such apartment
beIng from a hall or corr.:..dor for tJ':e common use of two or l!:ors tenants, and the bulld-
ine; 1'1'3. viniC;: one or more en trances from the s tree t or grounds for the common use of two or
':'01'(;, or all, tenants of tho spartmonts, each apartment to be complete :i.n itself and with
cooking equipment and bathroom and toilet facilities.
(u) .luto"":ourt: An "Auto CmJrt" is any 1i1nltiple dwelling or .?,roup of dwelllnr;s
other than Bun,r:ralow Courts or Cottage Courts, hotel or apnrtl7lent h01J80S, wrlich is clesl[':ned
and/or intended for te~porary occupancy fro~ day to day by tr~nslents, and at a dally or
weeldy rate. Auto court as here defined includes Auto Camp and 'i'olJrist Camp.
(v) Cottage Court: A cottage Court, (as distinguished from an "auto court,1I ltAuto
Camp" or "Tc)Uris t Camp",) is a Group of scpara te one -fanily or two or more family uni ts
designed and intended. for perrr!.anent tenants at a weekly, t'lonthly or yearly rental. ',there
permitted, such Cottage Court single-family units shall be subject to the SGmo floor
area requ1.rements 0.13 slnsle-fac.ily dwelline:s, and two or more fam~ly units in such
Cottage Courts sl,all be subject to the same floor area requirements as for rmlltiple
family dwellings in the same district.
(w) 'Nhere other defini tions are necessary resort ma:;' be had to the current issue
Uniform DldldinG' Code of the Pacific Co as t Building Officials r Confenence and Buildinc-
Code or Ordinance of The City of Bozeman. I~ all cases of doubt or dispute Brising under
this Ordinance, the decision of the Bu::lding Inspector of The City of Bozeman shall con-
trol, subject to appeal to the Board of Adjustment.
SECTION III - - USE :ZEGULA'rrONS
Use Districts: 1"01" tLe purpose of classifying, regu,lating and restricting the loca-
tion of trades and inch:ts tries and the loca tlon of buildings desiurneci for spec::i.fic uses,
The City of Bozemsn is hereb~ divided into seven (7) classes of Use ~istricts:
1. "A" Resldence Districts.
2. "13" Residence Districts.
3. "e" :Residence Districts.
4. ".0" Residence Districts.
5. Main Business Districts.
G. Business-Hesidence Districts.
7. Industrial Districts.
As shown on tlle Use ;)ia tria t LIap on file in the office of the Clerk of the Oi t:,.- Com-
mission, marlced "Use Dis trict T/!ap, ZonIng Ordinance", and expressly r"ade a part of this
ordinance, and Use Districts are hereb:, created in The City of Bozeman, Montana, as the
same are designated on the said Use .:Jistrict r..~ap. No buildin:-; s1:lall be erecte.;:.l, altered,
or used, and no premises S11911 be used for any purposes except in conformi ty wi th all the
Ordinance No. 711
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regulations herein pr~scribed for the Use District in which such buildings or premises
are located.
SECTION IV
NOT RE'l'ROACTIVE IN EPFEC'l'.
It is not the purpose or intent of this Ordinance to undertake; a widespread or radical
correction of undesirable conditions resnltinc fron:. lack of regulation and control in tb.8
past, but to prevent subseq11ent development of S1Jch conditions. Eence tl.is Ordinance is
to be construetl in it s provisions as prospective only and blllldings and premises in non-
permi t ted u Be 8. t the time the l' iI'S t Zoning Ordinanc e (No. 6(1) took offoc t and ha vo beon
in such use evor since are not affected by the use provisions of this Ord:nance; provided,
tha t w}len any building or premises., in such non-permi tted use cease to be so used or is
vacated or closed, for a period of ninety (90) days contimlously, they shall not a~aln be
so used and shall be sub.iect to all applicable provisions of this Ordinance.
SECTION V -- DIVISION INTO 0ISTRICTS
POl' U;8 purposes of regulatlng, classifying and restricting trle loca tion of trades,
industries, enterprises, etc., and the location of buildJngs de3i~ned, erected or altered
for specified uses, and limiting the height and size of such buJldinss and the use of
lot areas and determinlng the areas of yards and other open spaces surroundinp b1..1-11dings
hereafter erected, and preventing additions to, and alterations or renDdel~ng of, existing
bu:tldinf1;s or structures wIth the intent or effect of avoiding t:lO restrictions anCi limita-
tions of U1is Ordinance contalned, The City of Bozeman is hereby divided into Districts
as follows, towlt:
GECrl'ION VI.
130UfDARIES OF DISTRICTS
50U::DARTSS OP 11 A" RESIDENCE DISTRICT.
Tbe boundaries of "A" Residence District shall be as follows:
Beginning at tbe point of intersection of the south line of Olive Street and the east
line of It'ol1rth Avenue, thence eas terly along the sou th I ine of all ve Stre 0 t to the wes t
line
line of VHIlson Avenue, tllence sou thcrly along the weB t jof Vlillson Avenuo 100 fee,t, t.tJ.ence
easterly along a line paralell to the south line of Olive Street and distant IOO feet
therefrom to a point to the west line of the alley between 'l'racy Avenue and 31ack l1.venuo,
thence southerly alonn: the west line of said alley to the point of intersection of said
west line of sald alley with the south line of .Jickerson Street produced, thence westerly
along the said south line of .Jickerson Street produced, to the west lin8 of 'Tracy l1venuo,
thence westerly along the south line of Dickerson Street to the west line of the alley
between Tracy Avenue anddillson Avenue, thence soutl~erly alone; said west lino of said
alley and said line produced, to a point midway between Collece and Harrison Streets, thence
easterly along a line midway between said College and I~rrison Streets to tho City Limits;
thence southorly, westerly, southerly, westerly and southerly alone the city li~its to a
po~_nt midway between the SOUUl line of Garfield Street produced and the north line of
Hayes Street produced, thence westerly midway between said Garfield and Hayes Streets
to the east line of Sixth Avenue, thence northerly alon~ said east line of Sixth Avenue
to the point of intersection of said line with the south line of lIarrlson Street, thence
wes terly a long the s O1J t!:1 line of said Harrison Stree t to tl:e point of in tersec tion of said
south line vl:ith the center line of .Ei["hth Avenue, thence northerly alone said center line
of Eighth Avenue to a point midway between the north line of Harrison Street and the south
line of College Street; thence eas t0rly along a line midway be tween sald Harrison and
Ordinance No. 711
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College Streets to the east, line of i?ourth Avenue, thence northerly alonC" said east line
of FmJrt:, Avenue to the point of beg inn.; ng.
SECTION VII. - - BOUNDARL'::S OP 11 B" RESI;)J~l.;cE DISTRICrI'
The "1311 Residence District sllall embrace four parts descrIbed as follows, towit:
Part 1. Beginning a t the point of Intersection of the east line of '1'hird Avenue and
the south line of Short Street, thence easterly alone the said south line of Short Street
to its intersection with the east line of the alley between Willson and Tracy Avenues,
thence northerly along said east line of said alley to the south lins of Peach Street,
thence ens terly along said south line of Peach Stree t to tl-:;e wes t line of 131aclr Avenue,
thence southerly along said west line of Black Avenue to its intersection with the north
line of the alley bet,veen Lamme Street and !Lendenhall Streot, thence westerly alone; said
north 11ne of said alley to a point 490 feet east of the east line of Seventh Avenue,
north, thence nort}] pa.rallel with and 490 feet east of said east line of Seventh Avenue,
north, to the north line of Beall Street, thence east along said north line of Beall
Stroot to the east line of 'fhlrd Avenue, thence northerly alone; t!'le said east line of
Third Avenue to the point of beginning.
Part II. BeGinning at tl'.e point of intersection or the west line of Third Avenue
and the south line of the alley between ~aln and Babcock Streots,
thence son therl \T alonC'
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sald west line of Third Avenue to the north l.tne of Baboock Street, thence wef,iterly along
the said north line of Babcock Street, to the poInt of intersection of said north line of
Babcock Stree t wi tl1 the wes t line produced of Pour th Avenue, thence southerl:r along said
west line of Fourth Avenue to a po~nt midwa:: betweon the south line of College Street and
the north line of Iiarrison Street, thence westerl:r along a line midway between said College
and Harrison Streets to its intersection with the center line of ~ighth Avenue, thence
northerly alone; said center line of Eighth Avenue to the north line of College Street,
thence westerlJ alonp' sald north line of College Street to the west line of Eleventh
Avenue, thonce nortlE;rly alon[': the west 1.1.ne of said Eleventll Avenue to the south line
of the alley botwee"~ Babcock Street and Main Street, thence easterly alone: the south line
of said alley to t~e point of beginnIng.
Part III. 13eginnlnc at a polnt in the eas t line of the alley be tween Tracy Avenue
and Black Avenue 100 feet soutI1 of the sou th line of Olive Street, thence easterly along
a line parallel wi th the south line of Olive Street to UJ.e west line of Black Avenue,
thence southerly alonE! the wes t line of Black Avenue to the (.]i t:r Limi ts, thence following
tr1e Ci ty Limi ts wes torl;T and southerly to a point midway be tween College and Harrison
Streets, thence easterly along a line midway between saLI Collc2;e and Harrison Stroets to
the point of intersection of sald line wlth the east line of the alley between Tracy Avenue
and Willson Avenue, thence nortbcrly along the east line of said alley and otherwise to
a poin t 150 fee t wes t of the wes t line of rrracy Avenue in the south line of Dickerson
Street, thence easterly alons the south l~ne of ~ickerson street and its projection to
the east line of the alley between Tracy Avenue andBlack Avenue, thence northerly alonc
the ea7t line of said alley to the point of beginning.
Part IV. Beginning at a point in the ea'st line of Sixth Avenue l5U feet south of
tt.e sou th line of Garfield Stree t, thence eas t along a line parallel wi th Garfield Stree t
to a point in the city limits 150 feet south of the south ~ine of Garfield Street, thonce
southerly along the line of the city limits to Lincoln Street, ~illnce westerly along the
Ordinance No. 711
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north line of Lincoln Street to the east line of Sixth Avenue, thence northerly alone the
east line of Sixth Avenue to the point of beginning.
SECTIon VIII
BOUNDARIES OF "e" RESIDENCE DISTHICIJ.'S.
The "e" Residence District shall embrace parts described as rollows:
Part I. Beginning at the point of intersection of the east line of Black Avenue and
trle s au th line of Lam..'TIe Stree t, thence eas terl~1 along the south line of Lamme S treo t to
the east line produced of Perkins Place, ll1ence northerly alone: said east line to tr.w south
line of Feach Street, thence easterly along the south line of reach Street ta a point 150
feet east of the east line of Wallace Avenue, thence sOl1thorly to a point in the south .line
of Lamme Street 150 feet east of tho oast li.no of 'tlallllce Avenue, thence westcrlJ along
the south line of Lam..>ne Street to a po:~nt 56 feet ,vest of the west linG of Wallace Avenue,
thence southerly to a point in the north line of the alley in Block H, Rouses' Addition
56 feet wos t of the wes t line of Walla ce Avenue, thence wes terl y to a po :Ln t in the cas t
line of Black Avenue 150 feet sou th of the south line of La!luYle 3treet, thence northerly
alone; the east line of Blac1{ Avenue to tbe point of beginning.
Part II. 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 Avenue, thence northerly along the east lino of Clm.rcb Avenue to
the south line of Babcock Street, thence easterly alone; tLe south lIne of Babcock Street
to trle wes t line of the alley between Church Avenu.e and ',"fallace I\.vemle, thence sou thorly
alone; said wes t line of sa id aIle y to the po Int of in tersec t:ion of the sou tr: line of Koch
Street produced with tho west line of sald alle~T, thence westerl~t alon,; tLle south line of
Koch Street produced to the west line of eh1Jrch Avenue, thence southerl~T alonr~ the west
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line of Church Avenue to the City limits, thence westerl~T alan: the city limits to the enst
Itne of Dlack Avenue, produced, thence northerly along said cast line of Black Avonue to
the point of boginning.
Part III. Beginn:!.ng at the point of intersection of the west line of 8leventh Avenue
and the south city limits at Collec:e Street, thence west along the south city limits to
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where it intersec ts the wes t ci tJT limi ts at F'ifteenth Avenue, thence north alone: said wes t
city limits to where it intersects the north city limits, 91.5 fe0t north of the north
line of Curtiss Stre0t; thence east alonp said north city limits to the west line of
Eleventh Avenue, thence south along said west line of .Dlevonth Avenue to the point of
beGinning.
SBC'TION IX - - BOUITDARIES OF "D" RESIDENC3 DISTRI ::;TS
The "D" Residence District shall embrace two parts described 118 follows:
?art I. BeGinning at the po~nt in the l~,",rth Cit;; Limits, said point belns 490 feet
eas t of the ea s t l:1.ne of Seventh Avenue, north, thence cas terly alons said Nort:\ (;i ty Limi ts
to the east lIne of Tbirc1 Avenue, thence southerly along the ea8t line of Third Avenue to
the sou.th l:tne of rramarack Stree t, thence eas torI y along the south 1 in!') of 'l'amarac;{ Stree t
to the east line of Rouse Avenue, thence northerly alon;~ the east IJ.ne of House Avenue
to tL.o south line of ,JunIper Street, thence easterly alone; tLe south line of JunIpor Streot
to the east line of Church Avenue, thence southerly alone; the cnst li.ne of Church Avenue
to the north line of Feach Street, thence westerly alon:: the north line of Peach Street
to tt.e poInt or intersection of the west line prOd1JCed of ...erkins Alley, thence southerly
alone; said west line of rerkins Alley to the north line of Ln.mne Street, thence westerly
Ordinance No. 7ll
198
alone tJ:-le north lino of Lamme Street to the east line of Black AvemJe, thence northerly
along the eBS t line,; of Black Avenue to the north line of Peach Street, thence wes torly
along the north line of Peach Street and the north line of Durston Road to the west line
of the alley in Block 47, Imes Addi tion, thence sou therl y along a line parallel wi th the
wost line of Tracy Avenue to the point in the nortll line of Sbort Street 164 feet west of
rrracy Avenue, thence westerl:r on tho north line of Short Street to the west l:tne of rrtl:i.rd
Avenue, thence southerly alone; the west linc of 'J.'hird_AvenuG to tJ.1e north line of Beall
Street, thence westerly along the north l:Lne of Beall Street to a point 490 feet cast of
tbo eas t line of Nnr th Seventy, Avenue, thence northerly parallel wi tJ:l and 490 fee teas t
of said east line of North Seventh Avenue, to the point of beginnlng.
Part TI. Also ber;innjng at the point of intersection of the North City Limits with
the West City L:tmits; thence east along said Nortb City Li~its to a point 490 feet west of
the wes t line of North Seventh Avenue, tllence southerly parallel wi th and 490 feo t vIes t
of said wes t l:tne of };orth ;;;leventh Avenue to tho north line of the eas t and wes t alley
between Ma:in and I.~endenhall Streets, thonce west along the north line of said alley between
1La:i.n and ~i;enden8hll Strents to the;v-est C:ity Limits, thence nort[~ along the said West
City Limits to the point of beginning.
SECTION X -- BOUNDARIES OF BUSINESS DIS~RICT
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 alonE'; the SO'1Jth
line of said alley 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 tho west line of Wallace
.Avenue to the south line of Lamme Street, thence easterly alone; the south line of Lamme
Stree t to tIle wes t line of Wallace Avenue, thence sou thel'ly alonr~ the wes t line of \v'allace
Avenue to the nort:l line of Babcock Street, thence westerl:' alonr the north line of Bab-
cock street to the west line of Church Avenue, thence southerly along the west line of
Churcb Avenue to the nort:r-~ line of 011 ve Strec t, thence wos terly alonc~ the nortrl line of
Olive Street to the west line of Black Avenue, thence southerly along the west line bf
Dlaclc Avenue to a point 100 feet sout:n 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 east line of Willson Avenue, thence northerly alonf the east line of Willson
Avenue to the nortl, line of Olive Street, thence wes tcrly along the north line of Olive
Street to the eas t line of :;?ourt}~ Avenue, thence nortJ:-'Jlrly alonz tl:e ea~, t line of Pourth
Avenue to the Bout}'l line of Dabcocl{ Street, tl:lence easterly along the south line of Bab-
cock Streo t to trlO cas t line of 'l'hird Avenue, thence northerly alone the Bas t line of
Tldrd Avenue to the po:'Lnt of bef:innlne; ~
SECTION XI -- RESIl)El:CE - BUSIFESS DISTRICTS
The Residence-&lsiness District shall be composed of two parts, to be designated as
Residence-BlJs:tness District No.1 and Residence-Business District No.2, and de:3cribed
as fa llows :
RE;;SID:2:yrCE-Busn:ESS DISTRICT NO.!. Beginning a t the poin t of inter~,oc tion of the errs t
line of Third Avenue, South, wi tl1 the cen tor 1 ine of Story's Addl tion, tlience wes t along
said cen tel" line of Story's Addi tion through :SOcks D, L':, F, G, and II, of said A(:1.di tion to
the 'Uest City Limits, thence nortb along said Vlest City Limits to the extended south line
of the first alley north of l,Tal.n Street; thence easterly along said south lIne of the
Ordinance Woo 711
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firs t a lle:r North of Mal n Street to the wes t line of the nor tl1 :_, nd sou th aIle y be tween
Eighth and Ninth Avenues, north, sald line being 490 feet west of the west line of Seventh
Avenue, north; thence north alonG the sald west line of the alley betv.recn Eiphth and Ninth
Avenues to the south line of Beall Street; thence east alonp the south line of Beall Street
to a point 490 feet east of the ea~t line of said Seventh Avenue, nort::}, thence south par-
allel wi th and 490 feet east of said east line of Seventh Avenue,north, to the north line
of the alley north of Itendenhall Street; thence east along said north line of Alley north
of To;:endenha1l Street to the east1ine of 'l'hird Avenue; thence south along said eas t line of
'I'
hird "\venue t:) the po:1.n t of beginning.
RESIDENCE ~ BUSINESS DISTRICT NO.2. Bee;innine; at a point in t1-~e Korth City Limits,
said point being 490 feet west of the west line of Seventh Avenue, nortlt; thence east along
said North '''':i ty Limi ts to a point 490 feet eas t of the eas t Ilne of sa:d Seven th Avenue,
north; thence soutLerly parallel with and 490 feet east of sa~d. east line of Seventh
Avenu.e, north, to the south line of Beall Street; thence west alone said south line of Beall
Street to a point 490 feet west of the west line of sa1_d Seventll ^venuc, north; thence
north parallel with a.nd 4DO feet west of said west line of Seventh Avecue, north, to the
po~nt of beeinning.
SECTION XII -- INDUSTRIAL DISTRICT.
Beginnin~ at a point in the city limits 1381 feet west of the west line of Rouse Ave-
nue, north; thence easterly along the cit~T limits to the west line of RouBe Avenue; thence
southeasterly along tbe soutbwesterly side of Front Street vacated, and not vacated, to
the wes terly side of McAdow Avenue; thence southerly along the wes t line of Ii;cAdow ^venue
to tl:e nor th line of Ma in Street, thence wes torly alon::,: the north line of rila in S tree t to
the point of intersection of sald north line of !tain Street wi th the west line of Lindley
Fark produced, thence southerly along said westerly line of L:tndley Parl-:: to the point
of intersection wi th Mill Canal, thence along the said jaIl Cunal to Story .:>treot, thence
westp,rlyalong tho nortt line of Story Street to tLe east line of Church Aver-ue; U'lence
northerly along the eust line of Church Avenue to the point of intersection of said east
line of Church Avenue wi th the sou th line of Koch Street, produced; thence eas torI;!, along
sa::d S01Jth line of Koch Street produced to the point of its intersection with the east
line of the north and sou th alle~T be tween Church Avenue and,:allace Avenue, thence norther-
lyalonp' the east line of sald alley to Babcock Street, thence easterl'J' alone; the south
line of Babcoclc Stree t to the east line of Wallace Avenue, t[:..ence northerly alonr~ the east
line of Wallace Avenue 'to the south line of La:rrL"TIe Street, thence easterly alon~ tl~e SOUU1,
line of Lamme Street to a point 150 feRt east of the east line of Wallace Avenue, thence
northerly along a line parallel to and 150 feet from the cast line of' Viallace Avenue to
the nortt. line of Peacb Street, thence westerly along the north line of Peach Street to
the eas t line of Church Avenue, thence nor thcrly aloner tho ens t line 0 l' Church Avenue
to tho nortl: lIne of Juniper Streot, thence westerly along the nortL line of Jun.:..por 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 eas t line of ~t.:on tana Avenue, thence northerly alone; tLe eas tIine of Mon tana Avenue
to the north line of Oale Street, thence westerly alonc; the nortr-:.. line of Oak Street 1027
feet, thence northerly to the poin t of beginninp;.
Ordinance No. 711.
200
SEC'I'ION XIII -- RES'l'RICTIONS 'NI'l'HINDISTRICTS.
II A" RESIDENCE DISrrRICT
In the "An Residence Di8trict except ElS herein after provided no bl;lildlng or structure
sllall be erected or r.1I1 terlally al tared nor shall any building or premises be used, except
for one or more of the followinr uses:
(1) Single Family Dwe llinf!s . I
(2) Ivlul tiple family dwellings, provided that the area for eacr, family shall be not
less than the Aroa roquired for single fa~ily residence as hereinafter specified, .
but said arsa may be diEtributed between two floors.
(3) Schools and Collep:es.
(4) Boarding and Rooming Houses limited in size to five rooms in addition to family
quar ters .
(5) Parks, Recreation buildlnp:s, and Jlubn not conducted as a business operated
for profit.
(6) rrivate ~ara8es an~ other small accessory buIldings for customary incidental uses.
(7) Vacant lots shall be used forf:.'arden~l.-nc:, tennis cou,rts, palyground and other
recreat_tonal facilities only and shall be kept free of all I'lJbbisb and/or
garbage at all times. Provided that other uses of vacant lots may be permit-
ted by wri tten authorfty of ,the .uirector of rublic Safety wi tY; the continuIng
cons en t of the owners. of 8010 of the prope rt~:r wl tld.:n 300 fee t of the 10 t or lots.
(8) Buildings shall be so placed that there shl111 be a front yard (entirely un-
occupIeJ by any bvildlnz or part thereof) having a depth of not le':"s than
25 feet; a rear yarn of not less tJ:lan ~;O feet, and a side yard (entirely un-
occupied by any bllilding orpart thereof) on eacl, side of every buildint> Such
side ";!lrd shall have n depth of not le88 than 8 fect. I'rovided that tl:e side
yard ~n the street side line of corner lots shall be not lens than 15 feet in
depth. (Provided further that one side yard of a one story earage or otller
Sl'1all accessory b1.1ildlngs may be reduce<.l in depth to 5 feet.) In no case
shall such detached garage be located within the fron t, rear or side yard, bu t
on corner lots shall be not less than 25 feot from the front street line and 15
feet from the slde street line. In Blocl{S whore blt1-ldings have already been ....1
erected havin[': a front yare:: less than 25 feet the d.epth of the front yarJ. for
any new lmilding ma:r be made equal to the depth of the fron t yard of the near-
es t adj neen t builc..inc". 1'1"0 vided trlEl t no fron t ynrd sb.all have a depth of Ie ss
than 15 fee t and provided further thn t the fron t :rard for all buildin[:'s on c or-
ner lots shall be not less than 25 feet deep. The intention of these provi-
s:ons as to side vards is that there shall be a distance of not less than 16
f~et separat :ne; m;in blJ :tIdings on the lot width dimension" as t'wid'th dimension"
is defined in Section I of tilis Ordinance.
(9) Each single famIly residence and/or other main buIlding stJ.all,have a total
floor area, under roof, of not less than 1000 sc~are feet, 20~ of which may
be on a second floor above ground. Each mul tiple family. dwelline; shall have
an area of not less than 1000 square fect for each family, w}llch may be dis-
tr :1.bu tod on two floors a bove ground.
SUBSECTION XIII A
"B" .RESIDENCE DI~)THICT
In the "B" Residence District except as hereinafter provided no building or structure
sball be erected or 111:'1 terially al tered, nor shall any buildinc; or premises be used except
for one or more of the following uses:
(1) Any use perlT,itted in "A" TIesidence Dlstrict.
(2) Apart1"!ent Houses, lJoslJitals limited to three stories above gr01Jnd.
(3) Churches and other places used exclusively for rolir;ious worship.
(4) Libraries and lTuseums.
I
(5) Inti tu tlons of an .sduca t ional PhIlanthropic, orEleemosynar:;: na ture .
(6) BuIldinf~s sha 11 be placed to provIde tIle S Am.e depths of front and side ;'arcls
as arc required in II N' Hen idence .Jis tri c ts .
(7) Eacb single family residenco and/or other main bulld~ng shall rlHve an area
of not lesE' tl:an seven hundred (700) square feet on the main floor. Eacl,
multiple family dwellin['; or apartmont sh~{ll have c,n area ef not less tban
700 square fee t for eac '(I fa!:',il~r, wf:dc11 ma~! :;-) e dis tri bu ted on two floors above
ground.
Ordinance No. 711
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(8) The Director of Public Safety may in his discretion ~ive wrltten permission to.
l{cep a fn~::,l~' cow or paul tr:', for fnnily us e only, w 1. tl: the con tinuin,,,: cons en t
of the owners of 80); of the propert:< wi thin 300 fee t of tho lot or lots upon
which SUCfl cow or poultry is kept.
SUBSECTION XIII B
"C" RESIDEFCE DISTRICT
In the "C" Residence District, except as herein provided, no buildinc- or struct1Jre
shall be erected or m~3 terially al tored nor shall any buildin.-r or prel.1ises be used except
for one or more of the followin~ uses:
(1) Any use permitted in "A" or "13" Residence Di.stricts.
(2) Apartment Houses or Hotels
(3) Clubs, Hospitals.
(4) Each single fa:.lil:! dwelling or maIn building s}:all 'have a main floor area of
not le s s than 550 square fee t above gr::mnc1. j'u 1 tiplo fa!!: il:c dwe llinr:s or
apart~ent houses shall have a floor area of not 10s8 than 1100 square feet,
which may be d1stributed between tv,C) floors above ground.
(5)
BuildinGS shall be so placed as to provide tl~e same depths of front, side and
rear yards as are required in II A" Res idenceDis tr.i.c t.
BLTT3SECTION XIII C
"":)11 RESID8NCE DISTRICT
In the ,"D" fie s Idence Dis trlc t, except as here inaf tel" provlde'd no builcllng: or s true t,lre
Sl:l.all be erected or rua terially a1 tered, nor shall an:/ b,dldinr:; 91" preMises be used except
for one or more of the following uses:
(1)
(2)
An',;' use permltted in "A" "B" or "e" Residence DIstrict.
, .' .,
Small work shops, horse barns, cow barns, do~ kennels, rabbit pens, shall be
allovled in "D" Residence District, onl:r.
(3 )
(4)
Vacant lots may be used for pasturing livestoc~.
Buildings shall be so placed tha t there shnll be a front ynru, entirel::, un-
occupied by a building or i):::rt thereof, having a dcptl:.. of not less than 20
feet, a side yard on eac: slde of each bulldln':': simil~rl:,' unoccupied hav~"n3
a depU: of not less than 8 feet and a rear yard of not less than 10 feet;
provided that the side yard on the street sidc of corner lots shallc)e not
less than 15 feet in depth. Provided furthor the t one sIde :card of a one
storyn;ara:!e or other small accessory build:1.nss may be reduced in depth to
5 feet. In any bloet: where b'L1ildin[;s have already been erected having 0.
front yard less than 20 feet, the depth of the front yard for any new building
may be made equal to tLo depth of t:.-le nearost adjacent build~"ng. Pro-
vided tha t no front yard shall In. ve a depth of less than 15 feet and provided
furtl:cr that the front yard on corner lots sl-wll bo not less than 20 feet deep~
T11c intent~con of theRc provisions as to "side" yards is thst there s1w11 be a
distance of not less than 16 feet separatinG maIn building: on the lot ",vldthll
dimens:1 ons as "wid th" is def:: nod in Sec tion I of this Ordinance.
~5)
Buildings J11a:r be cons true ted of any siz e deB ired, provided thev are of reason-
able des it~n I'lncl are b1J il t in a Vl'orkmanli;{c manner and do no t c;:'oa to or tencl to
croate a hazard of life or propert~.
SUBS~CTION XIII D
MAIN BUSIN::::SS DI 3TRI Grr.
B~xcept as here in provide:, no buildina or s truc turs s ha 11 be erec ted or materia ll;r
altered nor sl:all any buildinc or premisos be used except for one or more of the following
U3es:
1. Any us e nermi t ted in A, 3, A":) C Res ldence Dis tric ts .
2. A!'!".{l2etl"On~t Pla cos .
3. Auction Rooms.
4. Bakeries, employing not more than 8 persons.
5. Banks
G. BarboI' Shops
7. Battery Service Stations
8. Bilboards and Signs.
9. Catering EstabllsLrr;ents.
Ordinance No. 711
202
10.
11.
1 t') .
'-'.
13.
14.
15.
16.
17.
18.
10.
20.
21.
22.
23.
24.
25.
26.
27.
t')q
t.....J.....I .
29.
30.
31.
32.
33.
34.
35.
36.
37.
38.
39.
40.
41.
42.
43.
44.
45.
46.
47.
4F3.
49.
50.
51.
52.
Coal, Code, L1)mber, 'flood or Build:in,':" Material Stor!lse Ynr;:i.
Comfort 3tat~ons.
Conservatories.
Creameries, employing not more than 8 persons.
Danctng Academies.
Dressm~kinr Establint~ents.
.cJyeing ,'3nd Cle an ine; 'iVorks employinr: not more than five p8 rsons .
Electric Repair Shops.
-L!;mploymen t Agenc ie s .
Freipht Stations or Bus Stations.
Gasoline and Oil Stations.
Hotels.
Laundries, employtng not more Umn f1 ve persons.
Labratorles.
Locksmith Shops.
Lod :T e Ha 11 s .
Mat~ess Repair Shops.
Messen~er or T~le~raph Service Stations.
~ ~. 11 . -- " , ,-
~,l lnery 0ilOpS.
Offices.
Painting and Decoratlnc Shops.
ParkinG Lo ts .
Photograph Galleries.
Plumbing Shops.
F""st Offices.
Pr~n ting. Shops.
Fu olic Cara<:;es.
ReGreD. tion Build.tugs and Struc tlJres.
RestBurants.
Roofing and IJlasterlng SllOpS.
Sales ;r Stow Rooms. -
Sharpen:ing or Grinding Shops.
Stores and Shopl,3 for the conduct of a Retail Busj_ness.
Shoe RepBirlng Shops.
Studios. -
Tailor Shops em.i:Jloylnf, not more than five persons.
Telephone Exohanpo
Tinsm:L t}~:_l_nf, Shops.
'lllre Repairing Shops.
Undertakinr Establishments.
Uphols terii1g Shops.
Used Car Lots.
Any business use similar to or connected with any use above partlcularl::, sepcified.
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Any buildin" pri:r1:1rily us eel for an:T 0 f the above enumera ted us es ma:7' ll'-:ve no t 110re
than forty per cent of tilO floor area devoted to industry or storage purposes incidental
to S11Ch prIm8r;? uscs; provided t)-lQ t not I:1ore Umn 1'1 ve employees shall be enfjagccl at an7l
time on the premises in any such in-;,idental use.
In the Main Business Jistrict buildinrrs on Uain Street, Mendenhall Street, the north
side of Babcock Street and on all avenues r:ort::l of the nortL line of Baboock Street may
be built to the street line. On all other strElets and avonues in the lolain Business 1)is-
tric t bulldlnn'f' s)-tall be DO placed that tJicre sL:a 11 be a front yard of full lot wid. tJ:-l,
entIrely unoccupied by any buildine; or structure or part thnreof, and hBving a depth of
not les~~ than fifteen (15) feet from the _front lot line.
In the construction of any lmilcllnr1" in tb.e ;,;ain Business ..Jistrict satisfactory fac-
:tlities must be provided for load:ng and unloading stocks of mercJ-Jandlse, etc., at the
rear entrance.
SUBSECTION XIII E.
BUSHT3SS - RESIJ2?JCE :nS'J.'RICT NO.1.
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In tJ1e Buslness-r-{eslder;ceDlstrict No.1, no bu:ldj,n[~ or structure sl'lall be erected
or 1m terlally al tared, nor shall any buildinG or prer:1ises be used except for one or more
of the followinz uses:
(1) Any use perlT'itted in tho T.:a:tn Business District except that no 11q1.lOr, beer nor
intoxicating beverare of any kind shall be sold or served in any businoss place,
nor shall any public dance hall be allowed.
(2) All buildinps shall be so placed' that there shall be a front :rard hav,~n['; a de'8th
of not less-than ten (10) foet and side yard of a dic,pth of not less than ten (10)
Ordinance No. 711.
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feet on the, street side of corner lots; a side yard of not less tlJan eight (8)
feet on the inside side of corner lots and both sides of inside lots; the side
yard of a one-story detached ~ara~e rhall be not less than five (5) feet on in-
side lots and the inside slde'-of a'orner lots; on the stroet s:1.de of corner lots
tbe side yard width shall be not less than ten (10) feet us to all struc:,ures,
inclnd:1nc: garar;es. Such yards, front and side, shall be entirely unoccupied by
any structllre or building, the intent:l..on being that there shall be an unoccupied
space of not leg 1'; than six teen (16) fee t s epara t:l ng main bui l(iinc:s on the IIwid t1:)ll
dimension of the lot as "wid th" is defIned in Sac tion 1 of tIlls ordinanc e. All
lots shall have a rear, or "back" yar,_ the full wldt}1 of tl'ic lot and of a depth
not less than ten (10) feet from the nearest rnltside wall of any building or
structure to the rear lot line.
SUBSECTION XIII F
BUSINESS-RESIDENCE NO.2.
In Business-Residence .:)istrict No.2, no building or structure shall be erected or
materially altered, nor shall any building or premises be used, e);cept for one or more of
the following uses:
(1) Any use permitted in Business-Residence ~i8trl~t No.1.
(2) ~rour:Ls t Car.;ps and Au to Courts; provl ded, tIEl. t be fore pormit mav be issllecl for a
Tourist, Auto Camp or Cottae;e Court, plans and specifi::atjoyw Sl101J1Jinf:' the extent and pro-
posed general arraneement of such Camp or Court, or either, with special reference to pro-
vision for maintaining such Camp or Court, or either, in a clean and sanitary condition and
for the prevention of congest:on or over-crowding, shall be submitted to the City Conunlssion
and by such Commls ~ ion approved.
(3) F'ront and side yard requirements same as in Dusiness-Residence District No.1;
bu t this reqnirBl:rlen t sholl no t apply to buildings in T01.1ris t 8amps and Au to Courts where
plans and specifica tions for such Camps or Courts have beeY1 subY1i tted to the Ci t:y Com.r:;iss ion
and by it approved, as required by s~b-division (2) above.
SUBSECTION XIII G
IN~USTRIAL DISTRICT
The Industrial District is created to provide a District for use fbr any manufactlJre,
process, business or treatment whatsoever and no sucL, use shall be excludeu tLerefrom which
does not create or tend to create a pu_blic nuisance an-j/or an "undue hazard to life and/or
property. It shall be tl:le duty of the Director of Public Safety to determi:ne if any use
or proposed use does or will tend to croate such a ptlbl:c nuisance and/or hazard. An"J
applicant or any other inter!::.'"1ted person may appoal to the Commiflsion of The ::.aty 01' .wozeman
from the decIsion of the 0irector of Public Safety as to any use or porposed use, an,-l tIe
Com:nis fl ion shall fInally dec ide the appeal after Public Hearing T{~ereon. l'rovided reason-
able notice of such hearing has been given b~ suitable publication.
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 blJilcling or strncture shall be erected,
enlarc:ed c;r altered in any manner whatsoever for any trade, industry, or use not approved
as herein provided.
SECTION XIV -- PROVISIONS AFF~CTING ALL DISTRI:TS
VJhere there is an Elxis tine; buildlng having fron t, 8i de or rear yard smaller than is
perrdtted for new bUildin,,-,"s under this ordinance, such front, side or rear yarel may not be
furt11er reduced; nor, where there is an existinG builJ.ing h'wing front, sIde, or rear yard,
larc;er than reqrdred b7' this ordinance, may such fron t, side, or rear :~arcl be reduced below
what is required by this ordinance for a new building of like cl1aracter. Where the erection
Ordinance No. 7ll
204
of any proposed new b1Jlldinp; will have the effect of reduciDE'" any front, side, or rear
yard of an exis tint:: bu :tIding below wha t is required by this ordinance for a Dew building,
permit for such new building shall be denied. Where it a?pears to the satisfaction of
the perrelt iS81Jing anthorit;T that the erection of any new bul1ding vlill have the effect
of n~llifying or evading by any ~eans or devico whatsoever any part or provision of this
ordinance, permi t for such now bll tIding shall be denied, subjoc t to arpeal to the Adjus t-
men t Doard by the denied applicant.
SEC'I'IONXV
130Al1D OF AJJUSTMEN'r, EEIW1'!;RSIIIP, M2~~'TINGJ, iL FL~ALS ,ii;TC.
Cren tion and !vlembershlp. The Board of Adjuc; tmen tis h3reb~'r au tllOriz od to be es tab-
lishod. The word "BoBrdll when used in t1:.:s section shall be construed to mean the Board
of Adjustment. 'l'he saId Board shall consist of five (5) members appointed by the Mayor
and subject to confirma tion of trle Ci ty Commission. . Each of sRid members shall be ap-
pointed to hold office for a period of three (3) years and until his successor Is ap-
pointed and qualified. Any vacancy shall be filled by appointment by th~ Mayor, subject
to confirmation by the City Gommis~ion, and s11al1 be for the unexpired term of the re-
tired member. All of the'members of said Board shall serve without compensat:on, and they
shRll not be subject to removal by either the Kayar or the City Com~isslon without cause,
(written charges and public hearing being required.)
Meetinp;s: Meetings of the Bosrd s11all be held at the call of the Chairman and at
sucb, other times as tLe Board may determine. Such Chairman or in his absence the acting
Chalrman may adm.i.nister oaths and compel the attendance of witnesses. All meetings of
the Board shall rle open to the public. The Doard st,al1 adoiJt its own rules of procedure
and keep a record of its proced11res ShO'N:n.,,: the:Bction of tlle Board ar1\i the vote of each
member, upon enc;, question considered, or if absent or failing to vote; indicatIng such fact.
Appeal: A:ppeal frnm the rulings of the Buildinc: Inspector concerninp the enforcement
of the provisions of tLis ordinance ma:r be made to the Boar~l of' Adjustment wi thin such
time as sh21l be prescribed by the Board by general rule. The appellant shall file with
the Bu:tldinp Ins pec tor and wi th the Boa I'd of Ad jus tment a no tic e of Appea I spec .l.fyln,?, the
grounds thereof. The Buildinr;: Inspec tor shall forthwl tl::.. transml t to the Board all the
papers constituting the record upon which the action appealed from was taken. An appeal
stays all proceedings in furtherance of action appealed from unles8 the officer from whom
the appea 1 :1. s t81cen certifies to the Board of Ad jus tlT:en t af ter t:.le not ice of appe al shall
have been filed with him that by reason of facts stated in the certificate a stay would in
his opinion cause imminent peril to life or property. In such case proceedings shall not
be stayed otherwise than by a restrainlnz order Which may be sranted b:r the "Soard of
Adjus t1Y:cn t or by a Court of Record on applica tion or notice to tl:.o 0 fi'icer from whom the
appeal is taken and on due cause shown.
SECTION XVI -- JURISDICTION.
(1) 'l'11e Board shall, l1pon applica ti on, rovic"w the ac tions of the Bui Idinc: Ins poc tor
in order to de terY11ne whe ther they are in accordanc e wi t:l tho provisions of this ordinance,
and in case of disagreement the decision of the Board s1.:al1 supercede that of the Bulld-
inp: In "'pec tor. 1.'he conCllrr :tnry va te of four (4) members of the B08 I'd sha 11 be necessary
to reverse any order, . requ,iremen t, <lec Is ion or to doc ide in fa VOl" of the a pplican t on
any matter upon which it is required to pass under this ordinance or to effect any varia-
tions in this ordinance.
Ordinance No. 711
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'l'he L-3oard of Ad jus tmen t shall hn ve tbe followlng powers:
(a) FI'a hear and dec ide appeals where .1. t Is a lle~.:ed tLere is error in order,
requirement, decision or deter~:nstlon maue by an sd~lnistratIve official
in the enforcerr.ont of this Ordinance.
(b) To hoar and decide specIal exceptions to the tcrnls of this Ordinance
(c) 'l'o authorize upon appeal in specific cases SlJCr: variance from the terms
of this ordinance as will not be contrar;!' to tlje public interrJst,where,
owning to special coneli tion s, a li te ral eni'orcemen t of the prov:ls ions of'
this or::Hnan~e will remJ.lt in unnecessar:~' hF~rc.lship, and so th[;-J.t the spirit
of this ordinance shall be observed and substantial justice dono.
In exercIsing the above memtioned powers, sucb boan:\. may in conformi t;' w,i. t the
I:rovisions of this ordinance reverse or affirrr wholly, or partly, or modify, the or(ler,
requirement, decision, or c.etermlnatlon a","pealed from and ma:~ make such order, reclJirement,
decis:i.on or determination as ou(,:ht to be made, and to tha t end shall have all the powers
of the officer from whom the arpeal is taken.
(2) The Board shall .hs ve the ric;ht and au thori ty to recommend to the C1 ty COT"-I:':is ~1 ion
such c.bane;,es in the dis trict boundaries or regula tions as it ma:;r deo!') necessary or desir-
able, as morc particularly set forth in Section XVII of this Ordinance.
(3) 'rl-le Board may fro!'; time to time adopt such rules and re[r,lllations as may be deemed
necessary to carr:' ~Ln to offec t the proir::'sions of this Ordinnnce.
(4) The Board shall rocommend to the City Commisf1ion the use, heiE:,ht, anQ area dis-
trlcts in which each part of any annexation to The Cit~ of Bozeman shall be placed.
SECTION XVII. -- ClffiNGES AN~ A~ENDMEKTS
The Board of Ad,justn~ent sLall of its own motion, or upon petItion signed by one or
r.10I'e propcrt:;!' owners of any district or portion thereof, or upon instruction from the City
Commission, cause to be prepared a notice indicating the chane;es pro;.osed to be made in
the re,O'ul ations or in tho diE'trlct boundar:;, lines, describin[:: the boundaries of the ter-
ritory to be affected. Such notice shall state the tince and place of a :public llearlng
for consideration of such proposed amendment, S11pplement or chanpe, and tLe place where
naps of the proposed 8.Yl'ondTT'en t, supplemen t or ch 3.nc:e will be acce~ sible for examin~ tion
by in tere s tad par ti es . No tics of such pu blic hearlne; shall be pllb l1.s heel a t leas t f ifte8n
(15) days in advance thereof in at least one daily newspaper of general circulation in
The City of Bozeman, also p01e notices sLall be placeCi upon tVi'D or more poles in said
district to be chan~ed or affected.
Such hearing may be adjourned from time to time.
After SllCh public hearinG the Board of AIjIB als shall report
to the Ci b' uommi[,'.sion on the
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proposed amendment, supplement, or change, and may cause an ordinance authorizin~T S1Jch
proposed amendmont, supplement or chan.ce to be presented to the City Commission of The
Ci t:r of Bozeynan but the same shall not be offered for passarl'e until After ten (10) days
from and after the date
1.. t . t d t t~ c; . t ' .. I
lS so prosen e. 0 .:ce vl Y ""omr.u,sm, on un ess the
said ordi-
nance at the time it is so presented shall be accompanied by a cor:munlcatlon from the snid
Board of Adjustment, advising that all of the owners of the frontage proposecL to bo altered;
t:he owners of the frontage immedia tely adjoining in the same block; the owners of frontage
in the block back of or across tbe alley therefrom; and trie owners of tl'w frontage diroctly
opposite the frontage proposed to be altered, have flIed with sai~ Bosrd of Adjustment
their written consent to such amendmert, in which case the said a~endment ma~ be presented
for passage at any rog1.11ar meeting of the City Commission subsequent to the dHteof its
pres'enta tion or a t the same meeting at wl:ich 1 twas prosen ted b~' unanimous consent to
Ordinance Po. 711
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suspend the rules, bu t the same shall not be passed except b:r the favorable vo to of two-
thirds of the mBr:1bers of t:r:..e Ci ty CO:r:rr:1ission. \Vhenever under the terMS of this ordinance
any proposed amendment shall be required to layover for ten (10) days after it is presented
Dnd a written protest a~ainst such proposed amendment, supplement, or change, signed by
the owners of twenty (20) per cent. of tho frontage proposed to be altered, or by the
in
ownors of twenty (20) per cent of the fron tage irrrrnedia tely adjoining/the same block or
in the block back of or acros f1 the a lley therefrom, or by the Q1,iVnerS of tvven ty (20)
percent of the frontage directly oppos:i.te the frontage proposed to be altered, shall have
been filed with the clcr~\ of the Commis:,'ion of The City of Bozeman within ten CIO) days
after the said ordinance 1s so presented, the ordirance providing for such proposed amBnd-
ment, supplement or chanGe sh:'3.1l not be passed except by the favorable vote of two-thirds
of the members of the City Commission.
SECTION XVII1-- COMPLETION OF BUILDI1\GS UND:SR EAISTI:NG l-'2m;:I'l'S
Nothing herein contained shall rO(j,uire any chanGe in theplans, cons truc tion or desig-
nB tad use of a building for wLich a buildinc permi t l:as beon hore tofore issued, or complete
plans for wh.ichare on f1le with tr-18 Buildinc; Inspector atU,e time of the passago of this
lDrdlnance, and a permit for the erection of Which is i'8s1Jed within one month of the pas-
sago of thls ordinance, and the cons truc tion of which, in e1 ther case, sha 11 have been
uiligently prosecuted within six months of the date of such permit, and W1L1"cll entire
building shall have been completed according to plans as filed within one year from the
date of the passare of tb..is Ordinance.
SECTION XIX -- VIOLATION, rENALTY, E1'TFORC::~r{;n!T
Any person who violates, disobeys, omits, neglects or refuses to comply with, or who
resis ts the enforcem8n t of, any of the provisions' of this ordinance shall, upon convic tion
be fined not less than ten dollars (*10.00) nor more than one hundred dollars (4i;lOO.OO)
for each offens e and eacb day tha t a viola tion sha 11 con tinue shall cons ti bJ te a sepal'S te
offense.
S~';;CTION XX -- VALIDITY OF ORDUTA17CE
All ordinances or parts of ordinances in conflict herewith are hereby repealed, but
if any section para7raph, subdivision, clause or provisIon of this ordlnance shall be held
invalid, S1Jch Invalitll.t71 shall apply only. to t[-"e section, paraGraph, sub-divislon, clause
or porvislon so held :invalid, and the remainder of this ordinance shall be and remain in
1'u 11 force and effec t.
SECTION XXI -- RL~P:8AL AND SAVING CLAUSE
Ordinance No. 682 as amended by Ordimmce No. 699, of The Clt~.,. of :Sozeman, "Zon:ing
Ordinance" whlch thls Ordinance replaces, is heroby repealed. 3n t tlLi..s shall not be con-
structed to revive in whole or ln part Ordinances Nos. 661 and 664, oreither of them,
beretofore repealed, nor to affect any action taken under or by virtue of the provisions
of said Ordinances Nos. 661, 664 and 68~3 or of ei thoI' or any of them while they, or
either or any of them, were in force and effect.
Finally passed and adopted by the Commis sion of The (;1 ty of Bozeman tlJis 8th
day of Au(,;ust, 1941.
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~:f'K 0 the Cornmis sIan
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ri~ayor
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Ordinance No. 711.
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Published in the.bozeman Daily Chronicle Au[';ust 10th, 1941.
Sta te of Mon tan a. )
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Coun t:;F of Galla tIn )
I, L. G. Shadoan, Clerk of the City Conunission of 'l:he City of Bozenan, do hereby
certify th.q t the foregoing Ordinance No. 711 was published b:;' ti tIe and number in the
Bozeman Daily Clwonicle, a newspaper of general circulation printed and plblished in
said Ci t ~T in the is sue of Angus t lOth, 1041, and tho. t due pro of 1s on fIle in my off ice.
IN VIITNESS Vn'~REOF I hereunto set my hand and affix the seal of my offIce this
12 th da:r 0 l' AuGus t, 1941.
~p~
OrdInance lio. 711
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