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HomeMy WebLinkAboutOrdinance 60- 818, Zoning Code 1 iiIIii C'rdf:!1C8 N"OL.!.::fr-???; 7r;~?;5 ~ cmDIIMCB NO. 818 ..., Iy 0 rM~ rdftaect 1,,_ g S'.s C t:I,t/ AN OlIDINANCE CLASSIFYING, REGULATING AND RESTRICTING THE USE OF LAND AND THE USE AND LOCATION OF Bur1r>INGS AND STRUCTURES,; REGULATING AND LIMITING THE HEIGHT AND FLOOR AREA OF BUILDINGS AND STRUCTURES AND REGULAT- ING AND DETERMINING THE AREA OF YARDS, COURTS AND OTHER OPEN SPACES WITHIN AND SURROUNDING ALL SUCH BUILD- INGS AND STRUCTURES,; REGULATING THE SIZE AND LIMITING THE INTENSITY OF USE OF LOT AREA,; DIVIDING 'l'HE CITY OF BOZEMAN INTO ZONES AND ESTABLISHING THE BOUNDARIES AND CLASSIFICATION THEREOF BY THE ADOPTION OF A I ZONING MAP. CREATING AND ESTABLISHING TRANSITION ZONING AREAS AND FRINGE ZONING AREAS AND THE USE AND CONSTRUCTION RESTRICTIONS THEREIN,; ~UI1lING OFF STREET PARKING,; BEGULATING THE PARKING AND STORAGE OF MOBILE HOMES .AND TRAILERS; RESCRIBING PENALTIES FOR THE VIOLATION OF ITS PROVISIONS,; CREATING AND ESTABLISH- ING THE BOARD OF ADJUSTMENT AND PROVIDING FOR ITS MEMBERSHIP, MEETINGS AND PROCEDURES AND FOR ~PPE.ALS THERETO,; AND REPEALlING ORDINANCENUMBBR 776 AND ORDINANCES NUl4BERS 787, 792 AND 813 AMENDATORY THEREOF. PREAMBLE WHIREA.S a It is provided by the present Zoning Ordinance of the City of Bozeman, being Ordinance No. 776, Seotion XVIII, that the Board of Adjustment under said Ordinanoe "shall have the right and authority to recommend to the Ci~ Commission suoh changes in the district boundaries or regulations as it may deem necessary or desirable..."and the Board of Adjustment under suoh provision has made certain re- commendations to the City Commission for such changes and the City Commission has duly considered the same, as well as other changes and modifications designed to making the Zoning Regulations more effi- cient, equitable and desirable and has accordingly dete~ined upon certain changes and modifications after public hearing duly had as provided in Sections Nos. 11-2704 and 11-2705, Revised Codes of Mont- ana. 1947) 1If' NOW, THEREFORE, BE IT ORDAINED BY THE COMMISSION OF THE CITY OF BOZEMAN. SECT ION I. -- Short Title SHORT TI'ILEa This Ordinance may be referred to as "The Zoning Ordinance." SECTION II. -- Interpretation In their interpretation and application the provisions of this Ordinance shall be held to be the m1n~um requirements adopted for the promotion of the publio health, safety and welfare. To protect the publio, among other purposes, such provisions are intended to provide for adequate light, pure air, the prevention of blight oonditions, safety from fire and other danger, undue concentration of popula- I tion and ample parking facilities. SECTION III. -- Scope It is not intended by this Ordinance to repeal, abrogate, annul or in any way impair or interfere with existing provisions of other laws or ordinances, except those specifioally repealed by this Or- dinanoe, or with private restriotions placed upon property by covenant, deed or other private agreement, or with restriotive covenants running with the land to whioh the City is a party. Where this Ordinanoe imposes a greater restriotion upon land, buildings or structures than is imposed or required by such existing provisions of law, ordinanoe, oontract or deed, the provisions of this Ordinance shall oontrol. SECTION IV. -- Definitions For the purpose of this Ordinanc e. certain terms and words are defined as followu Words used in present t.ns. include the future. words in the singular number inolude the plural number, and words in the plural number include the singular number; the masculine gender includes the feminine and neuter genders; and the work "building" includes the word "structure" and the work "lot" inoludes the words "plot" and "parcel"; "signature" inoludes the mark when the person cannot write. The word "person" includes associations, partnerships, oorporations, sooieties, religious, educational and fraternal organizations. Accesso~ Building: A subordinate building which is located on the lot occupied by the main building, and the use of which is clearly incidental to the use of the main building. Apartment Efficiency: An apartment unit with unseparated areas for sleeping and/or cooking. Apartment Unit. Dwelling units when more than four (4) are combined under one roof. Block: The property fronting on one side of any street, avenue, or boulevard between the two nearest of any of the followinga Intersecting such street. avenue or boulevard, to-wit: street. avenue, boulevard, park. waterway, railroad right-of-way. I Boarding Housea A building or prealses where meals are served for oompensntion for five or more persons but not exceeding twenty (20) persons. Curb-Cuta Space utilized for vehicular access to properties from streets. Dwelling, Multi: A building of not mo're than four (4) dwelling units under one roof, having two or more separate single rooms or sets of rooms or apartments for human oooupation. Dwelling, Single Familya A deta4lihed building having acoommodations for and occupied by one family only. Dwelling Unita A dwelling or portion thereof. providing living facilities for one family, including pennanently installed equipment for cooking, or provision for same, and including rooms for living, sleeping and eating. 2 Family I Any number of individuals living and cooking together on the premises as single housekeeping unit. Floor Area, Minimuml The minimum area of completely enclosed. roofed floor area, exclusive of garages and non-olothing storage space. which will be allowed in a zone. Fringe Zone Areal Areas at the perimeter of zones wherein zone requirements are varied in aocordanoe with the provisions herein in order to insure an easy transition between zones of differing character. Gasoline and/or Oil Stationa Any building or portion thereof and the land upon whicn it is situated used for su[p1ying fuel snd/or oil for motor vehic1.s at retsil. direct to the cons"",er snd/or SlSking minor I vehioular repairs. such supplying to be by an attendant. Hotela A building or premiles where lodging is provided, with or without meals for more than twenty (20) persons. Junk I Any worn out, cast off, or discarded artiole or material which is ready for destruction or has been collected or stored for wreckage, salvage or resale or conversion to another use. Junk Yarda Any space, not within a totally enolosed building, wherein junk is accumulated. Landsoapel Trees, shrubs, grass, flowers (may be in planting boxes) and/or vegetation ground oover of an ivy type. Lodging Housel A building or premises where lodging is provided for compensation for five or more persons but not exceeding twenty (20) persons. Lota Land ocoupied or to be occupied by one building and accessory buildings and uses and inoluding open spaces required under this ordinanoe. A lot may be land shown as such on the records of the County Clerk and Recorder of Gallatin County, Montana. Lot, Corner I A lot situated at the junction of and fronting on two or more streets. Its width dimension is its "front" and its depth dimension its "side" for the purposes of this Ordinance. Where there is doubt or dispute on this point the decision of the building inspector shall control. Lot, Interior or Insidel A lot other than a corner lot. Lot LineSl The lines bounding a lot as a lot is defined herein. Motel I A group of attached or detached buildings containing individual sleeping or living units, other than hotels or apartment houses, which are designed and/or intended for temporary occupanoy from day to day by transients at a daily or weekly rate. Motel as here defined includes I auto court, auto camp and tourist camp. Parking Space, Off-Streetl A spaoe set aside for the parking of automobiles outside of street righ~f-way, alleys and private drives. Rooming Unitl A space for human occupancy lacking private bath and/or kitchen faoilities. Mobile Hornet Any vehiole or structure so designed and constructed in such manner as will permit ocoupancy thereof, as sleeping quarters for one or more persons, or the conduct of any business or profession, occupation or trade (or use as a selling or advertising device), and so designed that it is or may be mounted on wheels and used as a conveyance on highways or city streets, propelled or drawn by its own or other motive power, excepting a divioe used exolusively upon station - ary rails or tracks. Mobile Home Courts; A defined aria in which spaoe for the parking of mobile homes an~or utility and sanitary facility oonnections therefor are rented for temporary occupancy and use. Transition Zone Areal Those areas in which residential uses are in existenoe which are non- conforming with regard to the use zoned for and are delineated as such as provided for in this Ordinance. These are areas which will undergo a major change in oharaoter in the future due to a change in use, the transition to which is to be controlled by regulations as set forth herein. Use, Non-C on forming I A use of a building or premises that does not conform with the regulations of the zone in which it is situated. Yard. Front; An open unoccupied space on the same lot with a building, between the building and the front lot line, extending from one side lot line to the other. Yard, Front, Depth ofl The mean horizontal distance between the front building line, at ground level, and th. front lot line, open steps from building not included. Yard, Rear: An open unoocupied space on the same lot with a building, between the building and I the rear lot line extending from one side lot line to the other. Yard, Rear, Depth ofl The mean horizontal distance measured from the rear of the rear building line, at ground level, beck toward the rear of the lot. Yard, Side: An open unoccupied spaoe. on the same lot with a building, between the building and either side line of the lot, extending through from the front building line to the rear yard, or to the rear line of the lot where no rear yard is required. Yard, Side, Depth oft The distance from the outside of the side wall of a building to the side property 1 ines. Zonet A section of the City of Bozeman for which the regulations herein are identical. 1234 3 Where other definitions are necessary resort may be had to the current issue Uniform Building Code of the International Conferenoe of Building Officials and Building Code or Ordinance of the City of Bozeman. In all oases of doubt or dispute arising under this Ordinance, the decision of the Bujlding Inspector of the City of Bozeman shall control, subjeot to appeal ta the Board of Adjustment as herein after provided. SECTION V. -- Classification and Uses and Use Regulations. In order to effeotuate the purposes of this ordinance, the City of Bozeman is hereby divided into I (10) zones. (1) "Ai" Residence Zone (2~ "A" Residence Zone (3 "Bit Residence Zone (4) "C" Residenoe Zone (5) "D" Residenoe Zone (6) "YE" Motor Business Zone (7) "ca" Central Business Zone (8) "W- Warehouse & Light Industry Zone (9) "U" Manufacturing Zone (10) "F" Flood & Erosion Protection Zone as Bho~~ on the Zoning Map on file in the office of the Clerk of the City Commission, marked "Zoning Map, City of Bozeman," and dated May 4, 1960, which Zoning Map is by this reference herein inoorporated and made a part of this ordinance, and zones are hereby created in the City of Bozeman, Montana, as the same are delineated on said Zoning Map and its amendments. The Direotor of Fublic Servioe of the City of Bozeman is hereby authorized and directed to prepare the aforementioned Zoning l4a.p, 'Whioh said Zoning l4e.p shall be certified to and decle.red to be the 0 fficial Zoning Map of the City of Bozeman by a certificate of the Mayor and Commissioners of the City of Bozeman en do rsed thereon. The original of said Zoning Map shall be filed with the Clerk of the City Commission of the City of Bozeman and shall at all times be available to the public at his office. A c ertif1ed copy of said Zoning Map, oertified by the Clerk of the City Commission as being a true, correot and exact copy of the original zoning map, shall be filed for record in the office of the County Clerk and Recorder of Gallatin County, Montana. Addi tions to the said Zoning Map may be made to the same by a similar certificate of the Mayor and City Commissioners endorsed thereon. Amendments to said Zoning l4ap may be made only by the preparation and certification in the manner hereinbefore provided of a new Zoning Map. No building shall be ereoted, altered or used, and no premises shall be used for any purposes I except in conformity with all the regulations herein presented for the zone in which such buildings or premises are located. Where uncertainty exists with respect to the boundary of any zone as shown on the Zoning Map, the following will apply. (1) Where boundary lines are indioated as following streets end alleys they shall be construed as following the oenter lines thereof. (2) ~ere boundary lines are indicated as approximately following lot lines, such lot lines shall be construed to be such boundaries. (3) Where a boundary line divides a lot or crosses unsubdivided property, the looation of such boundary shall be as indioated by dimension as. shown on the Zoning Map. SECTION VI. Bon-Conforming Buildings and Uses,; Not Retroactive in Effeot. A non-confor.ming building may not be reoonstructed or structurally altered during its life to an extent exceeding in aggregate cost twenty-five percent (25%) of the assessed value of the building. A. non-oonforming use may not be inoreased in area or volume and no new construction, other than repairs to the existing struoture or strucures, may be made for the utilization of the non-oonforming use. Nothing herein oontained shall require any ohange in plans, construction or designated use of a building for whioh 8. building permit has been heretofore issued and the oonstruction of which shall !lave been diligently prosecuted within three months of the date of such permit, and the ground story framework of which, including the seoond tier beams, shall have been completed within six months of the date of the permit, and the entire exterior of which building shall be oompleted according to suoh plans as filed within one year from date of this OrdinSDoe. No building damaged by fire or ilther causes to the extent of more thm fifty percent (50%) of its assessed value shall be repaired or rebuilt exoept in conformity with the regulations of this Ordinance. I Whenever a non-confor.ming use has been discontinued for a period of ninety (90) days, such use shall not thereafter be re-established, and any use shall be in conformity with the provisions of this ordinance. A. non-conforming use may not be changed to any other use other than that for which it was utilized at the time of adoption of this ordinance unless such use is in oonformanoe with the proviSbns herein applicable to the zone in which it is located. No non-conforming use shall be extended to displace a conforming use. Notwithstanding any other provision of the ordinanoe, the existing use of any buildine non-conforming with regard to use with an assessed valuation of less than j500.00 in any residential, business or commercial zone at the date of enactment of this ordinance shall at the ex~iration of three years from. such date beoome a prohibited and unlawful use and shall be discontinued. 4 Whenever the boundaries of a zone shall be ohanged so as to transfer an area from one zone to another zone of a different classifioa.tion, the foregoing provision shall also apply to any non.. conforming uses existing therein. SECTION VII. ..- Divis ion into Zones. In the "Un Residenoe Zone, "A" Residence Zone,. "B" Residence Zone, "C" Residence Zone, "D" Residence Zone, "MB" Motor Business Zone, "CB" Central Business Zone, ~ Warehouse and Light I Industry Zone, "14" Manufaoturing Zone and "F'" Flood and Erosion Protection Zone, respeotively, now or hereafter established,. exoept as herein provided, no building or structure shall be erected or materially 8.1 tered nor shall any buildings or premises be used exoept in conformance with the re- strictions shown on the Zone Requirements Chart marked Arpendix "A", attached hereto, and by this reference herein incorporated and made a part of this Ordinance. The Direotor of Public Service of the City of Bozeman is hereby authorized and directed to prepare the aforementioned Zone Requirements Chart, which said Zone Requirements Chart shall be certified to and deolared to be the Official Zone Requirements Chart of the City of Bozeman by a certificate of the Mayor and Comndssioners of the City of Bozeman endorsed thereon. The original of said Zone Requirements Chart shall be filed with the Clerk of the City Commission of the City of Bozeman and shall at all times be available to the public at his office. A certified oopy of said Zone Requirements Chart, oertified by the Clerk of the City Commission a8 being a tru" correct and exact oo!-'y of the original Zone Requirements Chart, shall be filed for record in the office of the County Clerk and Reoorder of Gallatin County, Montana. Addi Hone to the Zone Requirements Chart may be made to the same by a similar certificate of the Mayor end City Commissioners endorsed thereon. Amendments to said Zone Requirements Chart ms.y be made only by the preparation and oertification in the manner hereinbefore provided of a new Zone Requirements Chart. SECTION VIII. ..- Transition and Fringe Zone Areas. Subsection A. Trans i tion Zone Area. 1. Transition zone area map. The City Commission of the City of Bozeman is hereby empowered to establish limits of transition zoning areas within the City as the same are shown upon the Transition Zone Area Map dated , 1960, which said Transition Zone Area Map is by this reference herein incorporated and made a part of this Ordinaaoe and the transition zone areas are hereby created in the City of Bozeman, Montana, as the same are delineated on said Transition Zone Area Map and its amendments. 2. The Director of Public Service of the City of Bozeman is hereby authorized and directed I to prepare the aforementioned trend ti on Zone Area Map, which said Transition Zone Area Map shall be certified to end declared to be the official Transition Zone Area Map of the City of Bozeman qy e. certifioate of the Mayor and Commissioners of the City of Bozeman endorsed thereon. The origina 1 of said Transition Zone Area Map shall be filed with the Clerk of the City Commission of the City of Bozeman and shall at all times be available to the public at his offioe. A oertified co:py of said Transition Zone Area Map, certified by the Clerk of the City Commission as being a true, correot and exact copy of the original Transition Zone Area Map, shell be filed for record in the office of the County Clerk end Reoorder of Gallatin County, Montana. 3. Additions to the said Transition Zone Area Map may be made to the same by a similar cer.. tifioate of the Mayor and City Commissioners endorsed thereon. .Amendments to said Transition Zone Area Map may be made only by the preparation and certification in the manner hereinbefore pro.. vided of a new Transition Zone Area Map. 4. Where an area zoned for business, warehouse, or industrial use is presently occupied,. in whole or in part, by residential us es and such arefJ is delineated herein as a "Transition Zone Area," the following regulations shall be applicable to all lands and structures located thereina . a. Where a business, warehouse or industrial use is to be introduced into a Transition Zone Area, or where such an existing use is to be expanded in a Transition Zone Area, and where 8uoh use "isi t 6r!'ls,to'be cohtigtipus.:wl ti.r.Bn existing property or properties presently developed for residential use, the side yard and/or rear yard requirements as established for a "C" Residence Zone, Class 1, will apply to those sides of the property to be developed, including the rear, where property developed for residential use abuts the prorerty whereon the above mentioned uses are to be instituted or expanded. b. In the event that the present front yard setback of existing residential buildings adjaoent to a property in a Transition Zone Area to be developed for business, warehouse or industrial use, or whereon such a use is to be expanded, is greater than tile front yard required for these uses under the zone requirements of the zone in which the property is located, the greatest front yard setback of the existing adjacent residential structure or structure8 shall be adhered to, but I in no case need be more than 26'. c o. Where an industrial use to be introduced or expanded in a Transition Zone Ar~a is to be oontiguous with a property developed for residential purposes, a continuous shrubbery buffer not less than four feet high and four feet thick or a substantial sightly solid fence not less than six feet high nor more than eight feet high shall be provided on the industrial property, at its side yard, and/or rear yard setback lines where the property to be developed for industrial };ur- poses, or whereon such a use is to be expanded, is oontiguous with property developed for residential uses. 5 d. Where a Transition Zone Area is superimposed over a Central Business Zone, and where property therein is to be developed or expanded in ooml-lianoe with the uses allowed in this zone which is contiguous with property developed for residential purposes, the height of the instituted or expanded use shall not exceed the height of buildings allowed in a "C" Residence Zone. e. No building in a Transition Zone Area shall be constructed, altered, added to or occupied henceforth in suoh a manner as to oreate a combination of residence-business, residence-warehouse or residenoe-industry use to be created on any single property. I Subsection B. Fringe Zone Areu. 1. Lots in two zones. Where a zone boundary line as established in this Ordinanoe divides a lot which was in sipgle ownership and of record at the time of this ordinanoe, the use thereon and the other zone requirements applying to the least restricted portion of such lot under this Ordinance shall be considered as extending to the entire lot, provided the more restricted portion of such lot is entirely within twenty (20) feet of said dividing zone boundary line, the use so extended shall be deemed to be conforming. 2. Lots in business or industrial zones adjaoent to residential zone. Where a lot in a business or industrial zone abuts a lot in a residential zone, there shall be provided along such abutting lines a yard equal in width or depth to that required in the residential zone. Where a lot zones for industry abuts a lot zones for a residential use, a shrubbe~ buffer not less than four feet high and four feet thick or a sightly solid fence not less than six feet high, nor more than eight feet high shall be provided and maintained on the industrial l-roperty abutting its side yard, and/or rear yard line leaving the side and/or rear yard area free and unobstructed, upon the institution of either use which makes them co-existent. s. Front yard transition. Where the frontage on one side of a street between two intersecting streets is zoned partly as residential and partly as business or industrial, the front yard depth in the business or industrial zone shall be equal to the required front depth of the residential zone. 4. Height limitations. (See Uniform Building Code) 15. Garage en~ranoe.. No public or private garage for more than five motor vehicles located in a business or industrial zone shall have an entrance or exit for motor vehicles within one hundred (100) feet of a residential zone. 6. Parking lots and driveways abutting residence zone. Vlhenever a parking lot or driveway to a parking lot is hereafter established in other then a residenoe zone so as to abut the side or rear line of a lot in a residence zone a solid masonry wall, or a substantial sightly fence not less than six I feet high and not more than eight feet high, shall be constructed and maintained along said side or rear lot line up to, but not beyond, the setback building line. In addition, in all zones, the light- ing, including any permittid illuminated sign, on any parking lot or driveway shall be arranged so that there will be no annoying glare directed or refleoted toward residence buildings or residence zones. 7. Reverse4 corner lot abutting residential zone. In the case of a reversed corner lot where the rear of a lot in business and/or industrial zones abuts upon the side of a lot in any residential zone, there shall be a rear yard of not less than the side yard requirements of the abutting residence; pro- vided further that where a public alley separates the rear of the lot in the business and/or industrial zone and the side of the lot in any residential zone, no rear yard shall be r~quired. 8. Fire zone requirements. The fire zoning requirements and all other zoning requirements, not herein specifically covered, of the zone which the lot, or lots, are being transferred to shall apply to such lots. Sg; TION IX. -- General ProviSions. 1. Reduction of side yards. Where there is an existing building having front, side or rear yard smaller that is permitted for new buildings under this ordinance, such front, side or rear yard may not be further reduced; nor, where there is an existing building having front, side or rear yard larger than or the same as that required by this ordinanoe, may such front, side or rear yard be reduced below what is required by this ordinaaae for a new building of like character. Where the erection of any proposed new building oraddition thereto will have the effect of reducing any front, side or rear yard of an existing building below what is required by this ordinance for a new building, pennit for such building shall be denied. 2. Yard encroachments. Every part of a required yard or court shall be open and unobstructed by any building or structure, from its lowest point upward, except as follows: a.Awnings, steps, beltoourse, ohimneys, cornices and eaves may project not more than three feet (S') over or into any required yard or court. I b.Retaining walls, hedges and natural growth, fences and structures used ornamentally or for gardening or private recreation purposes are permitted in yards and courts, provided that they are not higher than one-half the distanoe from such yard encroaohment to any adjoining building occupied for residential purposes on the adjacent property or properties, or to the yard line of the adjacent property or properties, whichever is less, to a maximum of eight feet (8'). 3. Outside storage, enclosure required. All junk dealers or other persons accumulating, disposing of or storing junk within the City of Bozeman, when said accumulating deposit or storing thereof shall be without a building or not within a building, eigher now stored, deposited or accumulated, or here- after so deposited, stored or accumulated, shall enclose the lot or place of deposit where said junk 1s stored with a solid fenoe surrounding same, at least five and one-half cst) feet high, sufficient to enclose the said junk fram public view from the outside of said enclosure. 6 4. Off-street parking. a. Change in requirements. Whenever, after the passage of this ordinance, there is a change in the number of employees or business visitors or in the lawful use of the premises or in any other unit of measurement specified in any of the foregoing paragraphs of this section, and whenever such change creates a need for an increase or deorease of more than fifteen (15%) percent of the number of off- street parking spaced as determined by the requirements of this section, more or less off-street parking facilities shall be provided within a reasonable time on the basis of the adjusted needs, as I determined by this section. b. Mixed uses. In the case of mixed uses, the parking facilities required shall be the sum of the requirements for the various individual uses, computed separately in accordance with this sub- section; parking facilitie8 for one use shall not be considered as providing the required parking faoili- ties for any other use. c. Design standards. l} Detailed plans of parking facilities shall be submitted to the Building Inspector to insure that there be appropriate means of vehicular acoess to a street or alley as well as maneuvering areas. 2) Said parking areas shall be properly surfaced, afford adequate drainage and shall have bumper guards where needed. 3) Parking areas shall be used for parking only with no sales, dead storage, repair work, dismantling or servicing of any kind. 4) If' lighting is provided, H shall be arranged to reflect away from the residential area, also from any public street or highway. d. Perking lots in residential zones. When in its opinion the best interests of the communi~ will be served thereby, the Board of Adjustment may permit temporarily or permanently the use of land in a residence zone for a parking lot where the land abuts or is across the street from a zone other than a residence zone, provided that a 1) The lot is to be used only for the parking of passenger automobiles of employees, oustomers, or guests of the person or firm controlling and ojerating the lot, who shall be responsible for its maintenanoe. 2) No charge is to be made for parking on the lot. I 3) The lot is not to be used for sales, repair, work or servicing of any kind. 4) Entrance to and exit from the lot are to be located so as to do the least harm to the residence zone. 5) No advertising sign or material is to be located on the lot. S) All parking is to be kept back of the setback building line by barrier unless other- wise specifioally authorized by the Board of Adjustm9nt. 7) All lighting is to be arranged so that there will be no glare therefrom annoying to the ocoupants of adjoining proper~ in a residence zone, and the surface of the parking lot is to be smoothly graded, hard surfaced and adequately drained. 8) Such other conditions as may be deemed necessary by the Joard of Adjustment to protect the character of the residential zone. 6. Mobile Homes. a. It shall be unlawful within the limits of the City of Bozeman for any person to park any mobile home, as the same is defined in this ordinanoe, upon any street, alley, or highway or other publio place or on any traot of land owned by any person other than the owner of said mobile home oc- cupied or unocoupied for a period in exoess of seventy two (72) hours, within the said City of Bozeman, exoept in a licensed mobile home oourt. b. &lergency or "tImporary stoppini: or parking is penni tted on any street, alley or highway for not longer than four fours subject to any other and further prohibitions, regulations, or limita- tions imposed by the traffio and parking regulations or ordinances for that street, alley or highway. c. The parking of only one unoccupied trailer owned by the owner or tenant of the proper~ I upon which located, in an accessory private garage building, or in'a rear yard in any zone, is permitted providing no living quarters shall be maintained or any business practiced in said trailer while such trailer is so parked or stored. 6. Visibility at intersections. On a corner lot in any residential zone, no fence, wall, tree, hedge or other structure or planting shall be so plaoed or maintained as to exist, in whole or in part, at a height greater than 3i feet above the established grades of the streets within a triangular area fonned by the intersecting street lines and a straight line joining said street lines at points which are thirty feet from the point of intersection of the street lines measured along said street lines. 7t. Temporary structures. No temporary structures will be allowed in any residential zone except construction sheds and store houses utilized for aotive construction on the site upon whioh it exists. 7 8. Denial of permits. Where it appears to the satisfaction of the permit issuing authority that the ereotion of any new building will have the effect of nullifying or evading by any means or or device whatsoever any part or provision of this Ordlrance, permit for such new building shall be denied, subject to appeal to the Board of Adjustment by the denied applicant. SECTION X. -- City-County Planning Board; Creation~ JUrisdiction and Powers. The Bozeman City-County Planning Board has been established by City Ordinance No. 802 in oon- formance with Section 11-380l through Section 11-3858, Revised Codes of Montana~ 1947, as amended. In addition to the duties, jurisdiction and powers established therein, the City-County Planning Board shall have the right and authority to recommend to the City Commission such changes in the I zone boundaries and regulations as it may deem neoessary and desirable and to recommend to the City Commission the zone or zones in which each part of any annexation to the City shall be placed. SECTION XI. -. Board of Adjustment, Membership, Meetings. Appeals, Eto. Creation and Membershita The Board of Adjustment is hereby authorized to be established. The word "Board" when used in t is section shall be construed to mean the Board of Adjustment. The said Board shall consist of five (5) members appointed by the Mayor and subject to confirmation of the City Commission. E80h of said members shall be appointed to hold office for a period of three yea.rs and until his suocessor is appointed and quaUfied. Any vacancy shall be filled by appointment by the Mayor, subject to confirmation by the City Commi8sion~ and shall be for the unexpired term of the retired member. All of the members of said Board shall serve without compensati6n~'and they shall not be subject to removal by either the Mayor or the City Commission without oause. The members of said Board may be removed for oause by the Mayor upon written oharges and after public hearing. Meetingsl Meetings of the Board shall be held at the call of the Chairman and at such other times as the Board may determine. Such Chairman or in his absenoe the aoting Chairman may administer oaths and compel the attendance of witnesses. All meetings of the Board shall be open to the publio. The Board shall adopt its own rules of procedure and keep a record of its prooedures showing the action of the Board and the vote of eaoh member, upon eaoh question considered~ or if absent or failing to vote, indioating such fact. The Board shall keep records of its examinations and other official action, all of which shall be a publ io reoord. Appeala Appeal from the rulings of the Building Inspeotor ooncerning the enforcement of the provisions of this ordinance may be made to the Board of Adjustment by any person aggrieved or by any offioer, department~ board or bureau of the munioipality within such time as shall be presoribed by the Board by general rule. The appellant shall file with the Building Inspeotor and with the Board of Adjustment a notioe of appeal speoi1ying the grounds thereof. The Building Inspector shall forthwith transmit to the Board all of the papers constituting the reoord uponwnioh the action appealed from was taken. An appeal stays all proceedings in furtherance of aotion appealed from unless the officer from whom the appeal is taken oertifies to the Board of Adjustment after notice I of appeal shall have been filed with him that by reason of facts stated in the certificate a s. tay would in his opinion cause ~enient peril to life or property. In such oaBe~ prooeedings shall not be stayed otherwise than by a restraining order which may be granted by the Board of Adj~st- ment or by a Court of record on application or notioe to the officer from whom the appeal is-' taken and on due cause shown. The Board shall fix a reasonable time for the hearing of the apFeel~ give publio notioe thereof, as well as due notice to the parties in interest and decide the same wi thin a reasonable time. Up- on the hearing any party may appear in person or by attorney. SECT ION XII. -- Jurisdiction 1. The Board shall~ upon application, review the actions of the Building Inspeotor in order to determine whether they are in accordance with the provisions of this Ordinance~ and in case of disagreement the decision of the Board shall supercede that of the Building Inspector. The con- ourring vote of four (4) members of the Board shall be necessary to reverse any order, requirement~ decision or to decide in favor of the afplicant or to effect any variations in this Ordinance. 2. The Board of Adjustment shall have the following powersl a. To hear and decide appeals where it is alleged there is error in order requirement~ decision or determination made by an administrative official in the enforcement of this Ordinance. b. To hear and decide special exceptions to the terms of this Ordinance. c. To authorize upon appeal in speoific cases such varianoe from the terms of this Ordinanne as will not be contrary to the public interest where, owing to special conditions~ a literal enforcement of the provisions of this Ordinanoe shall result in unneoessary hardship, and so that the spirit of this Ordinance shall be obserVed and substantial justice done. In exeroising the aboe menti.oned -powers, suoh Board may in conformity with the provisions of this Ordinance reverse or affirm wholly, or partly, or modify, the order, requirement, deoision~ or I determination appealed from end. .may ~ke suoh order, requirement, deoision or determination as ought to be made, and to that end sh~l have all the powers of the officers from whom the appeal is taken. 3. The Board may from time to time adopt such prooedural rules and regulations as it may deem necessary. SECTION XIII. -- Changes and Amendments. The zoning regulations, restriotions and boundaries hereinbefore established may from time to time be amended, supplemented, changed, modified or repealed by the City Commission of the City of Bozeman on its own motion or upon the request of the City-County Planning Board. The City Commission shall cause to be prepared a notioe indicating the proposed amendments, sUFflements. changes, 8 modification_ or repeal and describing the boundaries of the territory to be affected. Such notioe shall state the time and plaoe of a public hearing for oonsideration of such proposed amendments, supplements, changes. modifioations or repeal. Suoh notioe of such public hearing shall be publi- shed at least fifteen (15) days prior to the date of said hearing in an official paper, or paper of general circulation in the municipal i ty. Such hearing may be adjourned from time to time. In the event of a protest against such change, signed by the owners of' twenty peroent (20%) or more either of the area of the lots included in such proposed cLange, or of those 1mmed1atelyadjacent to the rear thereof extending one hundred and fifty (150) feet therefrom, or of those directly opposite thereof extending one hundred and fifty (160) feet from the street frontage of such opposite lots, such amendment shall not become effective except by the favorable vote of three-fourths (3/4) of all I the members of the city or town oouncil or legislative body of such municipality. After such public hearing and in the event that the protests hereinbefore specified are in- sufficient, the City Commission shall pass an ordinance authorizing suoh proposed amendment, sup- plement, change, modification or repeal. SECT ION XIV. -- Violation, Penalty, Enforcement. Any person who violates, disobeys, omits, neglects or refuses to comply with, or who resists the enforcement of, any of the provisions of this Ordinanoe shall, upon conviction, be fined not less than Ten Dollars ($10.00) nor more than One Hundred Dollars ($100.00) for eaoh offense and. eaoh day that aviolation continues shall constitute a separate offense. SECTION XV. -- Validity of Ordinance All ordinances or parts of ordinanoes in conflict herewith are hereby repealed, but if any section, paragraph, subdivision, clause or provsion of this Ordinance shall be held invalid, suoh invalidity shall apply only to the section, paragraph, subdivision, clause or provision so held invalid, and the remainder of this Ordinanoe shall be and remain in full force and effect. SECTION XVI. -- Repeal and Saving Clause. Ordinanoe No. 776 as amended by Ordinances Nos. 787, 792, and 813 of the City of Bozeman, enti tled "The Zoning Ordinanoe" which this Ordinanoe replaces, is hereby repealed. But this shall not be construed to revive in whole or in part Ordinance No. 711 heretofore repealed, nor to affeot any action taken under or by virtue of the provisions of said Ordinance Nos. 776, 787, 792 and 813 or of either or any of them while they, or eUher or any of them, were in force and effect. Passed and .d~pted by the Commission of the City of Bozeman this ~ day of MayA. D., 1960. sf Arnold M. Swanson I - ~ Mayor ..... ATTESTt - ~ <<(/~~ ler 0 the City Comm ~ .... Published in the Bozeman Daily chroniole, May 11th , 1960. ~ - - . . - - - - - - - - - . - - - - - - - State of Montana ) ) 88 County of Gallatin) I, C. K. Wilson, Clerk of the Commission of the Ci~y of Bozeman do hereby certify that the foregoing Ordinance No. 818 was published by title and number in the Bozeman Daily Chronicle, a newspaper of general ciroulation printed and published in said City in the issue of May 11th, 1960 and due proof of such publication is on file in my office. IN WITNESS WHEREOF I hereunto set my hand and affix the corporate seal of my office this 12th day of May, .1960. ~ ...~ U~ ctC;:~ tHe CHy Commission I - . - - - - - - - - ~ - - . ~ ~ - -