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HomeMy WebLinkAboutOrdinance 51- 764, Amends Ordinance 711 309 ,... ". "\" b ORDINANCE NO. 764 "';./;:J:Jj y Ordinance ~'-~Zfe",,,, AN ORDINANCE AMENDING SECTION VI OF ORDINANCE NUMBER 711 OF THE CITY OF BOZEMAN, AS AMENDED BY SECTION 1 OF ORDINANCE NUMBER 753: AMENDING PARTS I AND II OF SECTION VII OF SAID ORDINANCE NUMBER 711, AS AMENDED BY SECTION 1 OF ORDINANCE NUMBER 739 AND AS AMENDED BY SECTION 2 OF ORDINANCE NUMBER 753; AMENDING PART II OF SECTION IX OF SAID ORDINANCE NUMBER 711, AS AMENDED BY SECTION 3 OF ORDINANCE NUMBER 739: AMENDING THAT ~RT OF SECTION XI OF SAID ORDINANCE NUMBER 711 WHICH DEFINES THE BOUNDARIES OF "RESIDENCE- I BUSINESS DISTRICT NO.1"; AMENDING THAT PART OF SECTION XI OF SAID ORDINANCE NUMBER 711, AS AMENDED BY SECTION 4 OF ORDINANCE NUMBER 739, WHICH DEFINES THE BOUNDARIES OF "RESIDENCE-BUSINESS DISTRICT NO.2; AMENDING SUBSECTION 1 of SeCTION XIIIE OF SAID ORDINANCE NUMBER 711: AMENDING SUBSECTION 1 OF SUB- SECTION XIIIF OF ORDINANCE NUMBER 711; AND AMENDING SUBSECTION 3e OF SECTION XIIIH OF ORDINANCE NUMBER 753; THE SHORT TITLE OF WHICH ORDINANCE NUMBER 711 IS "THE ZONING ORDINANCE", AND ADDING PART IV TO SECTIDN VII OF SAID ORDINANCE NUMBER 711, AS AMENDED BY ORDINANCES NUMBERS 739 AND 753: SO AS TO ALTER THE BOUNDARIES OF THE "A", "B", AND "D" RESIDENCE DISTRICTS, SO AS TO ALTER THE BOUNDARIES OF RESIDENCE-BUSINESS DISTRICT NO. 1 AND RESIDENCE-BUSINESS DIS- TRICT NO. 2, AS DEFINED IN SAID "THE ZONING ORDINANCE", AND SO AS TO PERMIT 'fHE SALE QND DISTRIBUTION OF BEER IN ORIGINAL PACKAGES TO THE PUBLIC FOR CONSUMP- TION OFF THE PREMISES OF THE SELLER IN BUSINESS-RESIDENCE DISTRICT NO. 1 AND BUSINESS-RESIDENCE DISTRICT NO.2, AS THE BOUNDARIES OF SAID DISTRICTS ARE DEFINED IN THIS ORDINANCE AND IN BUSINESS DISTRICT NO. 2, AS THE BOUNDARIES OF SAID DISTRICT ARE DEFINED IN ORDINANCE NO. 753. WHEREAS, The Board of Adjustment of The City of Bozeman, pursuant to the provisions of Ordinance No. 711 of The City of Bozeman, the short title of which is "The Zoning Ordinance", has recommended to The City Commission of The City of Bozeman that certain changes in and additions to the provisions of "The Zoning Ordinance" be made as are hereinafter more particularly described; and WHEREAS, The City Commission has duly considered such recommendation and after such consideration has decided to adopt and give effect to the same. NOW, THEREFORE, BE IT ORDAINED BY THE COMMISSION OF THE CITY OF BOZEMAN: I Section 1. rhat Section VI of Ordinance No. 711, as amended by Section 1 of Ordi- nance No. 753 be, and the same is hereby amended to read as follows: SECTION VI. -- Boundaries of Districts. Boundaries of "Att Residence District. The boundaries 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 west 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 th~ west line of said Alley to the point of intersection of said west line of said alley with the south line of Dickerson Street produced, thence westerly along the said south line of Dickerson Street produced, to the west line of Tracy Avenue, thence westerly along the south line of Dickerson Street to the west line of the alley between Tract Avenue and Willson Avenue, thence southerly along said west line of said alley and said line produced, to a point midway between College and Harrison Streets, thence easterly along a line midway between saidCollege and Harrison Streets to the east line of Block 1 of the Butte Addition; thence south along the east line of said Block 1 to the south line thereof; thence west along the south line of said Block 1 to the center lim of South Tracy Avenue; thence south and southwesterly along the center line of South TracyAvenue to its intersection with the center line of West Garfield Street; thence west along the center line of West Garfield Street to its intersection with the east line of the Butte Addition; thence south along the east line of the Butte Addition to the north line of Lincoln Street; thence west along the north line of Lincoln Street to the east line of Sixth Avenue; thencec.northerly along said east line of Sixth Avenue to the point of intersection of said line with the south line of Harrison Street, thence 1 westerly along the south line of said Harrison Street to the point of intersection of said south line with the center line of Eighth Avenue, thence northerly along 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 easterly along a line midway between said Harrison and College Streets to the east line of Fourth Avenue, thence northerly along said east line of Fourth Avenue to the point of beginning. Section 2. That Section VII of Ordinance No. 711, as amended by Section 1 of Ordi- nance No. 739 and as amended by Section 2 of Ordinance No. 753 be, and the same is hereby amended so as to read as follows: 310 SECTION VII. -- Boundaries of "B" Residence District. The "B" Residence District shall embrace four parts described as follows: Part 1. Beginning at the point of intersection of the center line of Black Avenue North with the center line of West P,?ach Street; thence west along the center line of West Peach Street (or Durston Road) to its intersection with the center line of the alley between Fifth and Sixth Avenues North, as platted in Violett Addition to Bozeman; thence southerly along the center line of said alley, and said line extended to its in- tersection with the center line of the alley between West Lamme and West Mendenhall Street; thence easterly along the center line of said alley to its intersection with I the center line of Black Avenue North;thence north along the center line o~ Black Avenue North, to the point of beginning. '" Part II. Beginning at a point of intersection of the west line of Third Avenue and the south line of the alley between Main and Babcock Streets, thence southerly along the west lire of Third Ave. to the north line of Babcock St., thence westerly along the north line of Babcock St. to the point of its intersection ~ith the west line produced of Fourth Ave., thence southerly along the west line of F'ourth Ave. to a point midway between the south line of COllege St. and the north line of Harrison St., thence westerly along a line midway between said College and Harrison Streets to its intersection with the center line of Eighth Ave., thence northerly along the center line of Eighth Ave. to the north line of COllege St., thence westerly along the north line of College St. to the west line of South Ninth Avenue, thence north along the west line of said South Ninth Avenue to a point 175 feet south of the south line of WestAlderson Street, thence west along a line 175 feet south of and parallel to the south line of said West Alderson Street to the west line of Eleventh Avenue, thence south along the west line of Eleventh Avenue to its intersection with the City Limits on the center line of West College St.; thence west along the City Limits on the center line of West College St. to its intersection with the west line of Fifteenth St.; thence north along the City Limits on the west line of Fifteenth St. to a point 91.5 feet north pf the north line of West 0urtis St.; thence east along the City Limits 91.5 feet distant from and parallel to the north line of West Curtis St. to the west line of South Eleventh Ave.; thence north along the City Limits on the west line of South Eleventh Ave. and said west line produced to the south line of the alley between Babcock and Main streets; thence easterly along the south line of said alley to its intersection with the center line of Eighth Avenue, thence south along the center line of Eighth Avenue to the center line of Babcock Street, thence east along the center line of Babcock Street to the center line of Seventh Avenue; thence north along the center line of Seventh Avenue to the south line of the alley between Babcock Streetand Main Street, thence easterly along the south line of said alley to the place of beginning. Part III. Beginning at a point on the east line of the alley between Tracy Avenue I and Black Avenue 100 feet south of the south line of Olive Street, thence easterly along a line parallel with the south line of Olive Street to the east line of Black Avenue, thence southerly along the east line of Black Avenue to the south line of Dudley's First Addition, thence westerly along a line 150 feet south of and parallel with the south line of Harrison Street to the east line of South Tracy Avenue, thence north along the east line of South Tracy Avenue to the center line of Harrison Street, thence east along the center line of Harrison Street to the east line of Block 1, Butte Addition, thence north along the east line of said Block 1, Butte Addition, to a point midway between COllege and Harrison Street, thence westerly along a line midway between said College and Harrison Streets to the point of intersection of said line with the east line of the alley between Tracy Avenue and Willson Avenue, thence northerly along the east line of said alley and otherwise to a point 150 feet west of the west line of Tracy Avenue in the south line of Dickerson Street, thence easterly along the south line of ~ickerson Street and its projection to the east line of the alley between Tracy Avenue and Black Avenue, thence northerly along the east line of said alley to the point of beginning. Part IV. Beginning at the intersection of the N~rth City Limits with the center line of the north and southalley in Block One of the Royal Vista Subdivision, said point being190 feet west of the west line of Seventh Avenue North; thence southerly along the cetner line of the alley in Blocks One and Two of said subdivision and said center line extended, to its point of tntersection with the South Boundary of said subdivision; thence westerly along the south Boundary of said subdivision to the Southwest Corner thereof; thence N20 15' E along the west boundary of the Royal Vista Subdivision to the Northwest Corner of said subdivision, said point being located on the NOrth City Limits; thence easterly along the NOrth City Limits to the point of beginning. Section 3. That Section IX of Ordinance No. 711, as amended by Section 3 of Ordi- nance No. 739 be, and the same is hereby amended to read as follows: SECTION IX. -- Boundaries of "D" Residence District. 1 The "D" Residence District shall embrace two parts described as follows: Part I. Beginning at a point in the North City Limits, said point being 490 feet east of the east line of Seventh Avenue North: Thence easterly along said North City Limi ts to the center line of Third Avenue; thence southerly along the center line of Third Avenue to the center line of Tamarack Street; thence easterly along the center line of Tamarack Street to the center line of Rouse Avenue North; thence northerly along the cen- ter line of Rouse Avenue North, to the center line of Juniper Street; thence easterly s- long the center line of Juniper Street to the center line of ChUrch Avenue North;thence southerly along the center line of Church Avenue N~rth, to the center line of Peach Street; thence westerly along the center line of Peach Street to the point of intersection with the center line produced of Perkins Alley; thence southerly along the center line of Perkins Alley to the center line of Lamme Street;thence westerly along the center line of Lamme Street to the center line of Black Avenue North;thence northerly along the center Ordinance No. 764 31t line of Black Avenue North, to the center line of Peach Street; thence westerly along the center line of PeachStreet (or Durston Road) to a point 490 feet east of the east line of Seventh Avenue North;thence northerly along a line parallel with and 490 feet east of the east line of said Seventh Avenue NOrth to the point of beginning. Part II. Beginning at the point of intersection of the North City Limits with the West City Limits, thence easterly along the North City Limits to ita point of intersec- tion with the West Boundary of the Royal Vista Subdivision: thence S 20 15' W. along said West Boundary 666.32 feet to the Southwest Corner of said subdivision; thence I easterly along the South Boundary of said subdivision to a point 490 feet west of the west line of Seventh Avenue North; thence southerly 490 feet west of and parallel to the west line of Seventh Avenue North to the north line of the east and west alley between Main and Mendenhall Streets; thence westerly along the north line of said alley to its point of intersection with the West City Limits; thence northerly along the West City Limits to the point of beginning. Section 4. That part of Section XI of Ordinance No. 711, as amended by Section 4 of Ordinance No. 739, which defines the boundaries of "Residence-BusLness District No. 2" be, and the same is hereby amended to read as follows: SECTION XI. -- RESIDENCE-BUSINESS DISTRICTS. Residence-Business District No. 2. Part I. Beginning at the intersection of the N')rth City Limits with the center line produced of the north and south alley in Block One of Royal Vista Subdivision, said point of intersection being 190 feet west of the west line of Seventh Avenue NOrth; thence east- erly along the N rth City Limits to a point 490 feet east of the east line of Seventh Avenue North;thertce southerly 490 feet east of and parallel to the east line of Seventh Avenue North, to the center line of Peach Street (or Durston Road); thence westerly along the center line of Peach Street to the center line of the alley between Fifth and Sixth Avenue N~rt~, as platted in Violett Addition to Bozeman; thence southerly along the center line of said alley, and said line extended, to the south line of West Beall Street; thence westerly along the south line of West Beall Street to a point 490 feet west of the west line of Seventh Avenue North; thence northerly 490 feet west of and par- allel to the west line of Seventh Avenue North to the South Line of the North Half of the Northwest Quarter of the Southeast Quarter (N!NWtSW!) of Section One ( 1) , of Jown- ship Two (2) South, Range Five (5) East, said south line being alos the South Boundary of said Royal Vista Subdiviaon; thence easterly along the said South boundary to its intersection with the center line of the alley in Block Two of the Royal Vista Sub- I division; thence northerly along the center line of the alley in Blocks Two and One of said subdi visbn, and said center line extended, to the point of beginning. Part II. Beginning at the point of intersection of the south line of the alley between Main Street and Babcock Street with the center line of ~ighth Avenue; thence south along the center line of Eighth Avenue to its intersection with the center line of Babcock Street; thence east along the center line of Babcock Street to its inter- section with the center line of Seventh Avenue; thence north along the center line of Seventh Avenue to the south line of the alley between Main and Babcock Streets; thence west along the south line of the alley between Main and Babcock Streets to the point of beginning. Section 5. That part of Section XI of Ordinance No. 711 which defines the boundaries of "Residence-Business District No. 1" be, and the same is hereby amended to read as follows: SECTION XI. -- Residence-Business Districts Residence-Business District No. 1. B ginning at the point of intersection of the East line of South Third Avenue with .., the center line of Story's Addition, thence West along said center line of Story's Addi- tion through Blocks D, E, F, G, and H of said addition to the West City Limits; thence north along said West Gity Limits to the extended South line of the first alley North of Main Street; thence easterly along said South line of the first alley North of Main Street to the West line of the North a nd South alleybetween North .c.ighth and Ninth Avenues, said line being 490 feet West of the West line of North Seventh Avenue; thenc~ North along the West line of the alley between Eighth and Ninth Avenues to the South line of Beall Street; thence East along ~he South line of Beall Street to its intersection with the southerly extension of the center line of the alley between North Fifth and I Sixth Avenues, as platted in Violett Addition to Bozeman;thence South along said south- erly extension of the center line of the alley between North Fifth and Sixth Avenues to the N rth line of the alley between Mendenhall and Lamme Streets; thence East along the NortB. line of the alley between Mendenhall and Lamme Streets to the East Line of Third Avenue; thence South along the East line of Third Avenue to the point of beginning. Section 6. That subsection XIIIE 1 of Ordinance No. 711 be, and the same is hereby amended so as to read as follows: Subsection XIIIE. -- Business-Residence District No. 1. Ordinance No. 764 312 In the Business-Residence District No. 1, 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: 1. Any use permitted in the Ma:tn Business District except that no liquor, beer nor intoxicating beverage of any kind shall be sold or severed Inany business place nor shall any public dance hall be allowed; provided, however, that the sale and distribution of beer to the public in original packages for consumption off the premises of the seller shall be permitted. Section 7. That Subsection XIIIF 1 of Ordinance No. 711 be, and the same is hereby I amended so as to read as follows: Subsection XIIIF. -- Business-Residence No. 2. In Business-Residence 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: 1. Any use permitted in Business-Residence District No. 1, as hereby amended. Section 8. That Subsection XIIIH 3e of Ordinance No. 711, be, and the same is here- by amended so as to read as follows: Subsection XIIIH -- Business District No. 2. In the Business District No. 2 no building or structure shall be erected or ma- terially altered, nor shall any building or premises be used except for one or more of the following uses: 3. The establishment and operation of the following businesses is prohibited in and shall not be permitted in this District: e. Any business where beer or liquor is sold; provided, however, that the sale and distribution of beer to the public in original packages for con- sumption off the premises of the seller shall be permitted. I Section 9. That all Ordinances and parts of Ordinances in conflict with this Ordi- nance be, and the same are hereby repealed. Section 10. This Ordinance was presented for consideration at a regular meeting of the City Commission held on the 15th day of August, 1951, and after such considera- tion and in compliance with Section XVII of said Ordinance No. 711, "The Zoning Ordi- nance" relating to changes and amendrnen ts thereof, was duly passed and adopted by the unanimous vote of the City Commission on the said 15th day of August, 1951. Passed and adopted by the unanimous vote of the City Commission in regular session assembled thi s 15th day of August, 1951. ~.IL~ Attest: ~~~ Mayor / Clerk of the ity Commission State of Montana ) County of Gallatin ) ss I, L. G. Shadoan, Clerk of the City Commission of The City of Bozeman do hereby certify that the fore~oing Ordinance No. 764 was published by title and number in the Bozeman Daily hronicle, a newspaper of general circulation, printed and published in said City in the issue of August 17th, 1951, and that due proof I is on file in my office. IN WITNESS WHEREOF I hereunto set my hand and affix the corporate seal of my office this 18th day of August, 1951. ~~~iSSion Ordinance No. 764