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HomeMy WebLinkAboutOrdinance 66- 855, Zoning Code. fr_ " Ord1n~nee N" ~ 1-j c; .,--..........~ ',.t. Je._'s~ ,..:,,087 ....w ~'7~~: 787 7f"K/3 ~ :r ' /' d,# !fIS I ORDINANCE NO. 855 AN ORDINANCE CLASSIFYING, REGULATING AND RESTRICTING THE USE OF LAND AND THE USE AND LOCATION OF BUILDINGS AND STRUCTURES, REGULATING AND LIMITING THE HEIGHT AND FLOOR AREA OF BUILDIl<<}S AND STRUCTURES AND REGULATING AND DETERMINING THE AREA OF YARDS, COURTS AND OTHER OPEN SPACES WITHIN AND SURROUNDING ALL SUCH BUILDINGS AND STRUCTURES; REGULATING THE SIZE AND LIMITING THE INTENSITY OF USE OF LOT AREAS: DIVIDING THE CITY OF BOZEMAN INTO ZONES AND ESTABLISHING THE BOUNDARIES AND CLASSIFICATION THEREOF BY THE ADOPTION OF A ZONING MAP; CREATING AND ESTABLISHING TRANSITIONS THEREIN; REQUIRING OFF STREET PARKING; REGULATING THE PARKING AND STORAGE OF MOElLE HOMES AND TRAILERS; PRESCRIBING PENALTIES FOR THE VIOLATION OF ITS PROVISIONS; CREATING AND ESTABLISHING THE BOARD OF ADJUSTMENT AND PROVIDING FOR ITS MEMBERSHIP, MEETINGS AND PROCEDURES AND FOR APPEALS THERETO. PREAMBLE WHEREAS, It is provided by the present Zoning Ordinance of the City of Bozeman, being Ordinance No. 818, that the Board of Adjustment under said Ordinance "shall have the right and authority to recommend to the City Commission such changes in the district boundaries or regulations as it may deem necessary or desirable ... "and the Board of Adjustment under such provision has made certain recommendations 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 efficient, equitable and desirable and has accordingly determined upon certain changes and modifications after public hearing duly had as provided in Sections Nos. 11-2704 and ll-2705, Revised Codes of Montana, 1947: NOW, THEREFORE, BE IT ORDAINED BY THE COMMISSION OF THE CITY OF BOZEMAN: Section I. -- Short Title of Chapter. This chapter may be referred to as the "Zoning Chapter." Section II. INTERPRETATION. I In their interpretation and application the provisions of this chpater shall be held to be the minimum requirements adopted for the promotion of the public health, safety and welfare. To protect the public, among other purposes, such provisions are intended to provide for ade- quate light, pure air, the prevention of blight conditions, safety from fire and other danger, undue concentration of population and ample parking facilities. Section III. -- SCOPE. It is not intended by this chapter to repeal, abrogate, annul or in any way impair or interfere with existing provisions of other laws or ordinances, except those specifically repealed by this chapter, or with private restrictions placed upon property by covenant, deed or other private agreement, or with restrictive oovenants running with the land to which the city is a party. Where this chapter imposes a greater restriction upon land, buildings or structures than is imposed or required by such existing provisions of law, ordinances, contract or deed, the provisions of this chpater shall control. Section IV. -- DEFINITIONS GENERALLY. For the purpol.'le of this chapter, certain terms and words are defined 8S follows: Words used in present tense include the future; words in the singular number include the plural number, and words in the plural number included the singular number; the masculine gender includes the feminine and neuter genders; and the word building includes the word structure and the word "lot" includes the words "plot" and ttparcel"; "signs.ture includes the mark when the person cannot write. The word "person" includes associations, partnerships, corporations, societies, religious, educational and fraternal organizations. BUILDING DEFINED. A buildin~ is any structure built for the support shelte~~losure of persons. animals. chattles. or property of any kind. ACCESSORY BUILDING DEFINED An accessory building is 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, I STRUCTURE DEFINED. A structure is that which is built or constructed. an edifice or building of any kind. or any piece of work artificially built-up or composed of parts joined together in some definite manner. EFFICIENCY APARTMENT DEFINED. An efficiency apartment is an apa.rtment unit with unseparated areas for sleeping and/or cooking. APARTMENT UNIT DEFINED. Apartment units are dwelling units when more than four (4) are combined under one (1) roof. 88 BLOCK DEFINED. A block is the property fronting on one side of any street, avenue, or boulevard between the two (2) nearest of any of the following intersecting such street, avenue or boulevard, to-wit; street, avenue, boulevard, park, waterway, railroad right of way. BOARDING HOUSE DEFINED. A boarding house is a building or premises where meals are served for compensation for five (5) or more persons but not exceeding twenty (20) persons. CURB-CUT DEFINED. A curb-cut is a space utilized for vehicular access to properties from streets. MULTI-DWELLING DEFINED. A multi-dwelling is a building of not more than four (4) dwelling units under one roof, hav- ing two (2) or more separate single rooms or sets of rooms or apartments for human occupation. SINGLE FAMILY DWELLING DEFINED. A single family dwelling is a detached building having accommodations for and occupied by one (1) family only. DWELLING UNIT DEFINED. A dwelling unit is a dwelling or portion thereof, providing living facilities for one family, including permanently installed equipment for cooking, or provision for same, and including rooms for living, sleeping and eating. FAMILY DEFINED. A family is any number of individuals living and cooking together on the premises as single housekeeping unit. MINIMUM FLOOR AREA DEFINED. Minimum floor area is the nimum area of completely enclosed, roofed floor area, exclusive of garages and non-clothing storage space, which will be allowed in a zone. FRINGE ZONE AREA DEFINED. Fringe zone area is the area at the perimeter of zones wherein zone requirements are varied in accordance with the provisions herein in order to insure an easy transition between zones of differing character. GASOLINE AND/OR OIL STATION DEFINED. A gasoline and/or oil station is any building or portion thereof and the land upon which it is situated used for supplying fuel and/or oil for motor vehicles at retail, direct to the consumer and/or making minor vehicular repairs, such supplying to be by an attendant. HOTEL DEFINED. A hotel is a building or premises where lodging is provided, with or without meals for more than twenty (20) persons. JUNK DEFINED. Junk is any worn out, cast off, or discarded article or material which is ready for destruc- tion or has been collected or stored for wreckage, salvage or resale or conversion to another use. LANDSCAPE DEFINED. Landscape is trees, shrubs, grass, flowers (may be in planting boxes) and/or vegetation ground cover of any ivy type. LOWING HOUSE DEFINED. A lodging house is a building or premises where lodging is provided for compensation for five (5) or more persons but not exceeding twenty (20) persons. LOT DEFINED. A lot is land occupied or to be occupied by one (1) building and accessory buildings and uses and including open spaces required under this chapter. A lot may be land shown as such on the records of the County Clerk and Recorder of Gallatin County, Montana. CORNER LOT DEFINED. A corner lot is a lot situated at the junction of and fronting on two (2) or more streets. Its width dimension is its "front" and its depth dimension its "side" for the purposes of this chapter. Where there ia doubt or dispute on this point the decision of the building inspector shall control. I I I I I I INTERIOR, INSIDE LOT DEFINED. An interior or inside lot is a lot other than a corner lot. LOT LINE DEFINED. A lot line is the line bounding a lot as a lot is defined herein. MOTEL DEFINED. A motel is a group of attached or detached building containing individual sleeping or living units, other than hotels or apartment houses, which are designed and/or intended for temporary occupancy from day to day by transients at a daily or weekly rate. Motel as herein defined includes auto court, auto camp and tourist camp. OFF-STREET PARKING SPACE DEFINED. An off-street parking space is the area required for parkin~~utomobile. which for thi~ ch~pter shall be as Bet forth in the publication "parking" by the Eno Foundation for Highway Traffic Control. It is a space set aside for the parking of automobiles outside of street rights of ways, alleys and private drives. ROOMIOO UNIT DEFINED. A rooming unit is a space for human occupancy lacking private bath and/or kitchen facilities. MOBILE HOME DEFINED. A mobile home is any vehicle or structure so designed and constructed in such manner as will permit occupancy thereof, as sleeping quarters for one (1) 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 power or other motive power, excepting a device used exclusively upon stationary rails or tracks. MOBILE HOME COURT DEFINED. A mobile home court is a defined area in which space for the parking of not less than ten mobile homes and/or utility and sanitary facility connections therefore a rented for temporary or ermanent occupancy and use. TRANSITION ZONE AREA DEFINED. A transition zone area is an area in which residential uses are inexistence which are non- conforming with regard to the use zoned for and are delineated as such as provided for in this chapter. These are areas which will undergo a major change in character in the future due to a change in use, the transition to which is to be controlled by regulations as set forth herein. NON::.CONFORMING USE DEFINED A non-conforming use is a use of a building or premises that does not conform with the reg- ulations of the zone in which it is situated. FRONT YARD DEFINED. A front yard is an open unoccupied space on the same lot with a building, between the build- ing and the front lot line, extending from one side lot line to the other. FRONT YARD DEPTH DEFINED. The depth of the front yard is the mean horizontal distance bet'een the front building line, at ground level, and the front lot line, open steps from building not included. REAR YARD DEFINED. A rear yard is an open unoccupied space on the same lot with a building, between the building and the rear lot line extending from one side lot line to the other. REAR YARD DEPTH DEFINED. The depth of the rear yard is the mean horizontal distance measured from the rear of the rear building line, at ground level, back toward the rear of the lot. SIDE YARD DEFINED. A side yard is an open unoccupied space, on the same lot with a building, between the build- ing 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. SIDE YARD DEPTH DEFINED. The depth of the side yard is the distance from the outside of the side wall of a building to the side property lines. ZONE DRJit4ED. A zone is a section of the City of Bozeman for which the regulations herein are identical. 89 90 ALTERATIONS DEFINED. Alterations as applied to a buildin~ or structure means a change or rearrangement in the structural parts or in the exit or entrance facilities. or an enlargement. whether by extending on a front. side or rear. or by increasin~ in height. or the mOVing from one location or position to another. OTHER DEFINITIONS. Where other definitions are necessary resort may be had to the current issue Uniform Build- ing Code of the International Conference of Building Officials and Building Code or Ordinance of the City of Bozeman. In all cases of doubt or dispute arising under this chapter, the decision of the Building Inspector of the City of Bozeman shall control, subject to appeal to the Board of Adjustment as hereinafter provided. I CLASSIFICATION-USES-USE REGULATIONS. In order to effectuate the purposes of this chapter, the City of Bozeman is hereby divided into ten (10) zones, (1) "AU" Residence Zone (2) "AA" Residence Zone (J) "A" Residence Zone (4) "B" Residence Zone (5) "C" Residence Zone (6) "D" Residence Zone t7) "MB" Motor Budness Zone (8) (CBn)Central BusinessZone (9) "t" Industrial Zone (10) "F" Flood & Erosion Protection Zone as shown on the Zoning Map on file in the office of the Clerk of the City Commission, marked "Zon- ing 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 incorporated and made a part of this chapter, and zones are hereby created in the City of Bozeman, Montana, as the same are delineated on said Zoning Map and it amendments. The Director of Public Service of the' City of Bozeman is hereby authorized and directed to prepare the aforementioned Zoning Map, which said Zoning Map shall be certified to and declared to be the official Zoning Map of the City of Bozeman by a certificate of the Mayor and Commissioners of the City of Bozeman endorsed 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 I the public at his office. A certified copy of said Zoning Map, certified by the Clerk of the City Commission as being a true, correct 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. Additions to the said Zoning Map may be made to the by a similar certificate of the Mayor and City Commissioners endorsed thereon. Amendments to said Zoning Map may be made only by the preparation and certification in the manner hereinbefore provided of a new Zoning Map. No building shall be erected, altered or used, and no premises shall be used for any purposes except in conformity with all the regulations herein presented for the zone in which such build- 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 indicated as following streets and alleys they shall be constru- ed as following the center lines thereof. (2) Where 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 location of such boundary shall be as indicated by dimension as shown on the Zoning Map. SECTION VI. -- NON-CONFORMING BUILDING AND USES-NOT RETROACTIVE IN EFFECT. A non-conforming building may not be reconstructed or structurally altered during its life to an extend exceeding in aggregate cost an amount equal to twenty-five percent (25%) the assessed value of the building. A non-conforming use may not be increased in area or volume and no new construction, other than repairs to the existing structure, or structures, may be made for the utilization of the non-conforming use. I Nothing herein contained shall require any change in plans, construction or designated use of a building for which a building permit has been heretofore issued and the construction of which shall have been diligently prosecuted within three months of the date of such permit, and the ground story framework of which, including the second tier beams, shall have been completed within six months of the date of the permit, and the entire exterior of which building shall be completed according to such plans as filed within one year from date of this chapter. Whenever a non-conforming 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 chapter. No building damaged by fire or other causes to the extent of its assessed value shall be repaired or rebuilt except in conformity with the regulations of this chapter. I 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 chapter unless such use is in conformance with the provisions 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 ch~pter, the existing use of any building non-conforming with regard to use with an assessed valuation of less than Five Hundred Dollars ($500.00) in any residential, business or commercial zone at the date of enactment of this chapter shall at the expiration of three years from such date become a prohibited and unlawful use and shall be discontinued. Whenever the boundaries of a zone shall be changed so as to transfer an area from one zone to another zone of a different classification, the foregoing provision shall also apply to any non-conforming uses existing therein. Section VII. ZONE DIVISIONS. In thenAAAII Residence Zone, nAAn Residence Zone, "An Residence Zone, "BII Residence Zone, "C" Residence Zone, 110" Residence Zone, "ME" Motor Business Zone, "CB" Central Business Zone, ItI" Industrial Zone, and "F" Flood and Erosion Protection Zone, respectively, now or here- after established, except as herein provided, no building or structure shall be erected or materially altered no shall any buildings or premises be used except in conformance with the restrictions shown on the Zone Requirements Chart marked Appendix "A" attached hereto and by this reference herein incorporated and made a part of this chapter. I The director 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 declared to be a part of the Zoning Code as the Official Zone Requirements Chart of the City of Bozeman by a certificate of the Mayor and Commissioners 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 copy of said Zone Requirements Chart, certified by the Clerk of the City Commission as being a true, correct and exact copy of the original Zone Requirements Chart, shall be field for record in the office of the County Clerk and Recorder of Gallatin County, Montana. Additions to the Zone Requirements Chart may be made to the same by a similar certifi- cate of the Mayor and City Commissioners endorsed thereon. Amendments to said Zone Require- ments Chart may be made by the preparation and certification in the manner hereinbefore pro- vided of a new Zone Requirements Chart. Section VIII. TRANSITION, GRINGE ZONE AREAS. SUBSECTION A. TRANSITION ZONE AREAS. (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 as shown upon the Transition Zone Area Map date , which said Transition Zone Area Map is by this reference herein incorporated and made a part of this chapter 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 to prepare the aforementioned Transition Zone Area Map, which said Transition Zone Area Map shall be certified to and declared to be the official Transition Zofte Area Map of the City of Bozeman by a certificate of the Mayor and Commissioners of the City of Bozeman endorsed thereon. The original 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 office. A certified copy of said Transition Zone Area Map, certified by the Clerk of the City Commission as being a true, correct and exact copy of the original Tran- sition Zone Area Map, shall be filed for record in the office of the County Clerk and Recorder of Gallatin County, Montana. I (3) Additions to the said Transition Zone Area Map may be made to the same by a similar certificate of the Mayor and City Commissioners endorsed thereon. Amendments to said Tran- sition Zone Area Map may be made only by the preparation and certification in the manner here- inbefore provided of a new Transition Zone Area Map. (4) in whole or in part by residential uses and such area is delineated herein as a "Transition Zone Area" the following regulations shall be applicable to all lands and structures located therein: fa) Where an area zoned for business, warehouse, or industrial use is presently occupied, 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 such use is, or is to be contiguous with an 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 develped for residential use abuts the property whereon the above mentioned uses are to be instituted or expanded. 91 92 (b) In the event that the present front yard setback of existing residential buildings adjacent to a property in a Transition Zone Area to be developed for business, ware- house or industrial use, or whereon such a uee is to be expanded, is greater than the front yard required for thsse uses under the zone requirements of the zone in which the property is located, the greatest front yard setback of the existing adjacent residen- tial structure or structures shall be adhered to, but in no case need be more than 25'. (c) Where an industrial use to be introduced or expanded in a Transition Zone Area is to be contiguous with a property developed for resrdential 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 purposes, or whereon such a use is to be expanded, is contiguous with property developed for residential uses. (d) Where a Transition Zone Area is superimposed over a Central Business Zone, and where property therein is to be developed or expanded in compliance with the uses allowed in this zone which is contigous with property developed for residential purposes, the height of the instituted or expanded use shall not exceed the height of buildings allowed in a "Crt Residence Zone. I (e) No building in a Transition Zone Area shall be constructed, altered, added to or occu- pied henceforth in such a manner as to create a combination of residence-business, re- sidence-warehouse or residence-industry use to be created on any single property. SUBSECTION B. FRINGE ZONE AREAS. (1) Lots in two zones. Where a zone boundary line as established in this chpater divides a lot which was in single ownership and of record at the time of this ordinance, the use thereon and the other zone requirements applying to the least restricted portion of such lot under this chapter 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 adjacent 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 zoned for industru abuts a lot zoned for a residential use, a shrubbery 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 property abutting its side yard and/or rear yard area free and unobstrucred upon the institution of either use which makes them eo-existent. I (3) Front yard transition. Where the frontage on one side of a street between two intersect- ing 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 resi- dential zone. (4) Height limitations. (See Uniform Building Code). (5) Garage entrances. 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. Whenever a parking lot or driveway to a parking lot is hereafter established in other than a residence 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 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 lighting, including any permitted illuminated sign, on any parking lot or drive- way shall be arranged so that there will be no annoying glare directed or reflected toward resi- dence buildings or residence zones. (7) Reversed 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; provided further, that where a public alley separates the rear of the lot in the busi- ness and/or industrial zone and the side of the lot in any residential zone, no rear yard shall be required. Section IX. -- General Provisions. I (8) Fire zone requirements. The fire zoning requirements and all other zoning requirements not herein.specific~lly covered, of the zone which the lot, or lots, are being transferred to shall apply to such lots. (Ord. 818 VIII; May 4,1960). (1) Reduction of side yards. Where there is an existing building having front, side or rear yard smaller than 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 have front, side or rear yard larger than or the same as that required by this ordinance, may such front, side or rear yard be reduced below what is required by this ordinance for a new building of like character. Where the erection of any proposed new building or addition thereto will have the effect of reduc- ing any front, side or rear yard of an existing building below what is required by this ordinance for a new building, permit for such new building shall be denied. 93 (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: I (a) Awnings, steps, belt course, chimneys, cornices and eaves may project not more than three feet (3') over or into any required yard or court. (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 distance from such yard encroachment to any adjoining building occupied for residential purposes on the adjacent property or properties, or to the ya,rd line of the adjacent property or properties, whichever is less, to a maximum of eight feet (S'). (~) Outside storage, enclosure required. All junk dealers or other persons accumulat- ing, deposit or storing thereof shall be without a building or not within a building, either now stored, deposited or accumulated, or hereafter so deposited, stored or accumulated, or hereafter so deposited, stored or accumulated, shall fence surrounding same, with a solid fence at least five and one-half (5!) feet high, sufficient to enclose the said junk from public view from the outside of said enclosure. (4) Off-street parking. (a) Change in requirements. Whenever 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 decrease of more than fifteen (15) percent of the number of off-street parking spaces 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 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 accord- ance with tais subsection; parking facilities for one use shall not be considered as pro- viding the required parking facilities for any other use. I (c) (1) to insure that there be appropriate means of vehicular access to a street or alley as well as maneuvering areas. (2) Said parking areas shall be properly surfaced, afford adequate drainage and ~hall 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, it shall be arranged to reflect away from the residential area, also from any public street or highway. Design standards. Detailed plans of parking facilities shall be submitted to the Building Inspector (d) Parking lots in residential zones. When in its opinion the best interests of the community will be served thereby, the Board of Adjustment may permit temporarily or perman- ently 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: (1) The lot is to be used only for the parking of passenger automobiles of employees, customers, of guests of the person or firm controlling and oper- ating the lot, who shall be responsible for its maintenance. (2) No charge is to be made for parking on the lot. (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. (6) All parking is to be kept back of the setback building line by barrier unless otherwise specifically authorized by the Board of Adjustment. (7) All lighting is to be arranged so that there will be no galre therefrom annoying to the occupants of adjoining property in a residence zone, and the surface of the parking lot is to be smoothly graded, hard surfaced and adequately drained. (S) Such other conditions as may be deemed necessary by the Board of Adjustment to protect the character of the residence zone. I 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 chapter, upon any street alley, or high- way or other public place or on any tract of land owned by any person other than the owner of said mobile home occupied or unoccupied for a period in excess of seventy two t72) hours, within the said City of Bozeman, except in a licensed mobile. home court. (b) Emergency or temporary stopping or parking is permitted on any street, alley or highway for not longer than four hours subject to any other and further prohibitions, regu- lations, or limitations imposed by the traffic 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 property upon which located, in an accessory private garage building, or in a rear yard in a rear yard in any zone, is permitted providing no living quarters shall be maintained or any business practices 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 plantin~ shall be so placed or maintained as to exist, in whole or in part, at a height greater than 3~ feet above the established grades of the streets within a triangular area formed 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. (7) Temporary structures. No temporary structures will be allowed in any residential zone except construction sheds and store houses utilized for active construction on the site 94 upon which it exists. I (9) Holdin~ zones. To provide immediate and effective zoning regulation for newly an- nexed areas of the Cit of Bozeman all such areas will be laced in a "hold in zone" simul- taneous with the inclusion and or annexation of said areas within the corporate limits of the City of Bozeman. Holdin~ zones will conform to the current Master Plan as developed by and on file with the Bozeman City-County Plannin~ Board and will remain in effect until the Cit Commission shall im lement zonin re ulation throu h procedure outlined within this cha ter and or the Revised Codes of Mon~na. (10) Denial of permits. Where it appears to the satisfaction of the permit issuing authority that the erection of any new building will have the effect of jullifying or evad- ing by any means or device whatsoever any part of provision of this chapter, 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 - POWERS The Bozeman City-County Planning Board has been established by Chapter 2.20 of this Code in conformance with Section 11-3801 through Section 11-3858, Revised Codes of Montana, 1947, as amended. In addition to the dutes 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 zone boundaries and regulations as it may deem necessary 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. CREATION AND MEMBERSHIP; The Board of Adjustment is hereby authorized to be established. The- word "Board" when used in this lIlction 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. Each of said members shall be appointed to hold office for a period of three (3) years and until his successor is appointed and qualified. Any vacancy shall be filled by appointment by the Mayor subject to confirmation by the City Commission, and shall be for the unexpired term of the retired member. All of the members of said Board shall serve without compensation, and they shall not be subject to removal by either the Mayor or the City Commission without cause. The members of said Board may be removed for cause by the Mayor upon written charges and after public hearing. I MEETINGS: 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 absence the acting Chairman may administer oaths and compel the attendance of witnesses. All meetings of the Board will be open to the public. The Board shall adopt its own rules of procedure and keep a record of its procedures showing the action of the Board and the vote of each member, upon each question considered, or if absent or failing to vote, indicating such fact. The Board shall keep records of its examinations and other official actions, all of which shall be a public record. APPEAL: Appeal from the rulings of the Building Inspector concerning the enforcement of the provisions of this chapter may be made to the Board of Adjustment by any person aggrieved or by any officer, department, board or bureau of the municipality within such time as shall be prescribed by the Board by general rule. The appellant shall file with the Building Inspector and with the Board of Adjustment a notice of appeal specifying the grounds thereof. The Building Inspector shall forthwith transmit to the Board all of the papers constituting the record upon which the action appealed from was taken. An appeal stays all proceedings in furtherance of action appealed from unless the officer from whom the appeal is taken certifies to the Board of Adjustment after notice of appeal shall have been filed with hime that by reason of facts stated in the certificate a stay would in his opinion cause imminent peril to life or property. In such ease, proceedings shall not be stayed otherwise than by a restraining order which may be granted by the Board of Adjustment or by a Court of record on application or notice 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 appeal, give public notice thereof, as well as due notice to the parties in interest and decide the same within a reasonable time. Upon the hearing any party may appear in person or by attorney. (Ord. 818 XI; May 4, 1960). Section XII. JURISDICTION. I (1) The Board shall, upon application, review the actions of the Building Inspector in order to determine whether they are in accordance with the provisions of this chapter, and in case of disagreement the decision of the Board shall supersede that of the Building Inspector. The concurring vote of four (4) members of the Board shall be necessa.ry to reverse any order, requirement, decision or to decide in favor of the applicant or to effect any variations in this chapter. (2) The Board of Adjustment shall have the following powers: -I (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 chapter. (b) To hear and decide special exceptions to the terms of this chapter. (c) To authorize upon appeal in specific cases such variance from the terms of this chapter as will not be contrary to the public interest where, owing to special conditions, a literal enforcement of the provisions of this chapter shall result in unnecessary hardship, and so that the spirit of this chapter shall be observed and substantial justice done. In exercising the above mentioned powers, such Board may in conformity with the provisions of this chapter reverse or affirm wholly, or partly, or modify, the order, requirement, decision, or determination appealed from and may make such order, requirement, decision or determination as ought to be made, and to that end shall have all the powers of the officers from whom the appeal was taken. (d) Upon reversal and approval of the order. requirement. decision. or determinat~ appealed from,the ermit for which the a eal was ranted shall be taken within . eriod of ninet 90 da s after which time the reversal and a roval aforemen- tioned shall be null and void. (3) The Board may from time to time adopt such procedural rules and regulations as it may deem necessary. (Ord. 818 XII; May 4, 1960). I Section XIII. CHANGES, AMENDMENTS. The zoning regulations, restrictions 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 re- quest of the City-County Planning Board. The City Commission shall cause to be prepared a notice indicating the proposed amendments, supplements, changes, modifications or repeal and describing the boundaries of the territory to be affected. Such notice shall state the time and place of a public hearing for consideration of such proposed amendments, supplements, changes, modifications or repeal. Such notice of such public hearing shall be published at least fifteen (15) d~ys prior to the date of said hearing in an official paper, or paper of general circulation in the municipality. Such hearing may be adjourned from time to time. In event of a protest against such change, signed by the owners of twenty percent (20%) or more either of the area of the lots included in such proposed change, or of those immed- iately adjacent to the rear thereof extending one hundred and fifty (150) feet therefrom, or of those directly opposite thereof extending one hundred and fifty (150) 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 the members of the city or town councilor legislative body of such municipality. After such public hearing and in the event that the protests hereinbefore specified are insufficient, the City Commission shall pass an ordinance authorizing such proposed amendment, supplement, change, modification or repeal. (Ord. 818 XIII; May 4, 1960). Section 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 chapter, shall, upon conviction, be fined not less than Ten Dollars ($10.00) nor more than One Hundred Dollars ($100.00) for each offense and each day that a violation continues shall constitute a separate offense. (Ord. 818 XIV; May 4, 1960). Section XV. VALIDITY OF CHAPTER. All ordinances or parts of ordinances in conflict herewith are hereby repealed, but if any section, paragraph, subdivision, clause or provision of this chapter shall be held invalid, such invalidity shall apply only to the section, paragraph, subdivision, clause or provision so held invalid, and the remainder of this chapter shall be and remain in full force and effect. (Ord. 81g XV; May 4, 1960). Section XVI. REPEAL AND SAVING CLAUSE. Ordinance No. 776 as amended by Ordinances Nos. 7g7, 792 and 813 of the City of Bozeman, entitled "The Zoning Ordiance~ which this chapter replaces, is hereby repealed. But this shall not be construed to revive in whole or in part Ordinance No. 711 heretofore repealed, nor to affect any action taken under or by virtue of the provisions of said Ordinances Nos. 776, 787, 792 and g13 or of either or any of them while they, or either or any of the, were in force and effect. (Ord. g18 XVI; May 4, 1960). Passed and adopted by the Commission of the City of Bozeman this 12th day of January, A.D. 1966. I Attest: Mayor ~' //.~/ ,.. c... /' ." / .. 4'- ~ . ,.. -/:". Clerk of the City Co sion Published in the Bozeman Daily Chronicle January 24, 1966. 95 96 State of Montana ) ) as County of Gallatin) I, Ema V. Harding, Clerk of the Commission of the City of Boze- man do hereby certify that the foregoing Ordinance No. 855 was pub- lished by title and number in the Bozeman DAily Chronicle, a news- paper of general circulation printed and published in said City in the issue of the 24th day of January, 1966 and due proof of such publication is on file in my office. I IN WITNESS WHEREOF I hereunto set my hand and affix the corporate seal of my office this 26th day of January, 1966. ission ---------- I I