HomeMy WebLinkAboutOrdinance 69- 889, Amends §8 17.08.280, 17.08.290, 17.08.340, 17.08.410, 17.08.450(A)(4), and 17.08.460(2)(b), (10); repeals § 17.08.220, zoning.
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ORDINANCE NO.~
AN ORDINANCE AMENDING SECTION 17.08.340 DEFINING "FRONT YARD";
AMENDING SECTION 17.08.280 DEFINING "OFF-STREET PARKING";
REPEALING SECTION 17.08.220; AMENDING SECTION 17.08.290 DEFIN-
ING "ROOMING AND LODGING HOUSES"; AMENDING SECTION 17.08.410
"OTHER DEFINITIONS"; AMENDING SECTION 17.08.460 (2) (b) "GEN-
ERAL PROVISIONS" AND AMENDING SECTION 17.08.460 (10) "GENERAL
PROVISIONS, AND AMENDING SECTION 17.08.450 (A) (4) "TRANSITION
AND FRINGE ZONE AREA; REPEALING ALL ORDINANCES AND PARTS OF
ORDINANCES IN CONFLICK THEREWITH.
BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA:
Section 1. That Section 17.08.340 of the Bozeman Municipal Code be amended to read as follows:
Front Yard Defined. A front yard is an open unoccupied space (excluding permanent drive-
ways) on the same lot with a building, between the building and the front lot line, extending
from one side lot line to the other.
Section 2. That Section 17.08.280 of the Bozeman Municipal Code be amended to read as follows:
off-Street Parking defined. An off street parking space is the area required for parking
an automobile, which for this chapter shall be as set 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 right-of-way, alleys or other public ways.
Section 3. That Section 17.08.220 of the Bozeman Municipal Code is hereby repealed.
Section 4. That Section 17.08.290 of the Bozeman Municipal Code be amended to read as follows:
Rooming and/or lodging house defined. A rooming and/or lodging house is a building or
premises where lodging is provided for compensation for five or more persons but not exceeding
twenty persons. A rooming or lodging house shall not be a boarding house.
Section 5. That Section 17.08.410 of the Bozeman Municipal Code be amended to read as follows:
Other definitions. Where other definitions are necessary resort to the current issue of
the Uniform Building Code, as published by the international Conference of Building Officials,
adopted by 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.
Section 6. That Section 17.08.460 (2) (b) of the Bozeman Municipal Code be amended to read
as follows:
General Provisions. (b) Hedges, 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 yard line of the
adjacent property or properties, whichever is less, to a maximum of eight feet (8'), except as
provided in Section l7.08.l~60 (6) Municipal Code.
Section 7. That Section 17.08.460 (10) of the Bozeman Municipal Code be amended to read as
follows:
General provisions. (10) Denial of permits. Where it appears to the satisfaction of the
permit issuing authority that the erection, construction, reconstruction, alteration, repair,
conversion, maintenance or use of any building or structure, or land use will have effect of
nullifying or evading by any means or device whatsoever any part or provision of this chapter,
permit for such erection, construction, reconstruction, alteration, repair, conversion, maintenance
ORDINANCE NO. 889
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or use of land or buildings shall be denied, subject to appeal b the Board of Adjustments by
the denied applicant.
Section 8. That Section 17.08.450 (A) (4) of the Bozeman Municipal Code be amended to read
as follows:
Transition and fringe zone areas. (A) Transition zone areas. (4) Where an area zoned
for business or industrial use is presently occupied, 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:
(a) Where a business or industial 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 pro-
perty or properties presently developed for residential use, the side yard
and/or rear yard requirements as established for a "c" Residential Zone,
Class 1, will apply to those sides of the property to be developed, in-
cluding the rear, where property developed for residential use abuts the
property whereon the above mentioned uses are to be instituted or expanded.
(b) In the event that the present front yard setback of existing resid-
ential buildings in/or adjacent to a property in a transition zone are to
be developed for business or industrial use, or whereon such a use is to
be expanded, is greater than the 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 structures shall be adhered to, but in no case need be more than twenty-
five feet (25').
(c) No building in a transition zone area shall be constructed, altered,
added to or occupied henceforth in such a manner as to create a combination
of residence-business or residence-industry use to be created on any single
property.
(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 contiguous with property develop-
ed 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 such a manner as to create a combination
of residence-business, residence-warehouse or residence-industry use to be
created on any single property.
Section 9. That all ordinances and parts of ordinances in conflict herewith are hereby
repealed.
Section 10. This ordinance shall become effective thirty (30) days after its passage and
approva 1.
PASSED AND ADOPTED by the City Commission of the City of Bozeman, Montana, this 17th day of
December, 1969.
ORDINANCE NO. 889
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Mayor
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ATTEST:
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State (;:::n::nr )
county of Gallatin ss
City of Bozeman )
I, Erna V. Harding, Clerk of the Commission of the City of Bozeman, do hereby
certify that the foregoing Ordinance No. 889 was published by title and number
in the Bozeman Daily Chronicle, a newspaper of general circulation printed and
published in said City of Bozeman in the issue of the 22nd day of December, 1969,
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 22nd day of December, 1969.
ion
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ORDINANCE NO. 889