For the purpose of this chapter, certain terms and words are hereby defined as follows: Words used in the present tense include the future; words in the singular number include the plural, and words in the plural include the singular; the word "shall" is mandatory and not permissive; the word person includes individuals, partnerships, corporations, clubs, or associations. The following words or terms, when applied in this chapter, shall carry full force when used interchangeably; lot, plot, parcel, or premises, used, arranged, occupied or maintained; sold or dispensed, construct, reconstruct, erect, alter (structurally or otherwise) but not the term maintenance. The term "city" and "county" shall mean the city of Havre and the county of Hill, respectively; board shall mean board of adjustments; commission shall mean city-county planning board; council shall mean city council. (Ord. 599, 8-5-1974, eff. 9-4-1974)
ACCESSORY BUILDING: A detached subordinate building situated on the same lot with the main building used for an accessory use. If there is less than ten feet (10') of separation from the main building, it will be considered as an attached building.
ACCESSORY USE: A subordinate use of a building, other structure, or use of land:
(A) Which is clearly incidental to the use of the main building, other structure or use of land, and
(B) Which is customary in connection with the main building, other structure, or use of land, and
(C) Which is located on the same zoned lot with the main building, other structure, or use of land.
ADJACENT: Nearby, but not necessarily touching.
ALLEY: A public passageway, eight feet (8') to twenty five feet (25') wide, affording a secondary means of access to abutting property.
ANTIQUE: A product that is sold or exchanged because of value derived due to oldness as respects the present age.
APARTMENT: A suite of rooms within a building arranged, designed or used for residential purposes for one family, and containing independent sanitary and cooking facilities. The presence of cooking facilities conclusively establishes the intent to use for residential purposes. Each apartment shall be considered a dwelling unit.
APARTMENT-HOTEL: A building or group of buildings containing both apartment and rooming units in some combination and containing those services customary and appropriate to a hotel. Such services to be available for the convenience of the occupants thereof only.
APARTMENT HOUSE: A building or that portion thereof containing more than four (4) dwelling units or efficiency apartments.
ARTIST: One who practices the fine arts which shall be limited to painting, drawing, sculpture, poetry, music, dancing and dramatic art. This is not deemed to include the business of teaching one or more of the arts.
ATTACHED BUILDING: A building which has any part of its bearing wall in common with another building or which is connected to another building by a roof. If there is less than ten feet (10') of separation from the main building, then an accessory building will be considered as an attached building.
AUTO COURT: See definition of Motel.
AUTOMOBILE SERVICE STATION: A place of business having pumps and/or storage tanks from which liquid fuel and/or lubricants are dispensed at retail directly into the motor vehicle. Sales and installation of auto accessories, washing, polishing, inspections and cleaning, but not steam cleaning, may be carried on incidental to the sale of such fuel and lubricants.
AUTOMOBILE WRECKING: See definition of Junkyard.
AWNING: Roof like cover entirely supported by and extending from a building for the purpose of protecting openings therein from the elements.
BAR: An establishment the main use of which is to serve spirituous liquors to be consumed on the premises. Food may or may not be served. Usually a counter and stools are present.
BLOCK: That property abutting one side of a street and lying between the two (2) nearest intersecting streets, or nearest intersecting street and railroad right of way, unsubdivided acreage, waterways, but not an alley of such size as to interrupt the continuity of development of both sides thereof.
BOARDING HOUSE: A dwelling in which there is no more than one dwelling unit and more than two (2) but not exceeding five (5) rooming units or guestrooms. Meals may or may not be provided to the occupants thereof. A boarding house shall not include homes for persons not members of the family requiring professional or semiprofessional care by reason of physical or mental infirmity or disease or by reason of age.
BUILDING: A structure having a roof supported by columns or walls for the shelter, support or enclosures of persons, animals or chattel.
BUILDING AREA: The total areas taken on a horizontal plane at the mean grade level of the principal buildings and all accessory buildings, exclusive of uncovered porches, terraces, steps and roof overhangs and balconies.
BUILDING, CLOSED: A structure completely enclosed by a roof and walls of approved construction.
BUILDING HEIGHT: The vertical distance measured from the natural grade level to the highest level of the roof surface of flat roofs, to the deck line of mansard roofs or to the mean height between eaves and ridge for gable, gambrel or hip roofs. The building height limitations of this chapter shall not apply to church spires, signs, belfries, cupolas, domes, monuments, water towers, chimneys, flues, vents, flagpoles, radio and television towers, fire lookout towers or airway beacons nor to any bulkhead, elevator, water tank or similar structure extending above the roof and not occupying any aggregate area greater than twenty five percent (25%) of the roof area.
BUILDING, MAIN: A building, or buildings, in which is conducted the principal use of the lot on which it is situated. In residential district, any dwelling shall be deemed to be the main building of the lot on which the same is situated.
CANOPY: See definition of Awning.
CARPORT: A building used solely for the storage of motor vehicles and containing no enclosing walls, screens, lattices or other materials other than the wall or walls of the building to which it attaches. The area of supporting columns or wall sections of any one side other than the wall or walls of the building to which it attaches or other than a storage room shall not exceed fifty percent (50%) of that side. Screen, lattice, grill work or other material which has a net of ten percent (10%) closed area may be permitted provided the maximum area of fifty percent (50%) is not exceeded.
COCKTAIL LOUNGE: An establishment the main use of which is to serve spirituous liquors to be consumed on the premises. Food may or may not be served. A lounging area is provided and a counter is not necessarily present.
COMMERCIAL USE: A use operating for profit or compensation. Without limiting this definition, the allowable use shall include apartment houses, motels and hotels.
CONDOMINIUM: An ownership in fee simple by an individual of a single unit in a multi-unit structure, coupled with ownership of an undivided interest in the land and other elements of the structure held in common with other unit owners of the building. Commonly it refers to individual ownership of a unit in a multi-unit structure such as an apartment building.
CONTIGUOUS: In contact with.
CORNER LOT: A lot abutting on two (2) or more intersecting streets where the interior angle of intersection does not exceed one hundred thirty five degrees (135°). A corner lot shall be considered to be in that block in which the lot fronts.
COURT: Any space other than a yard on the same lot with a building or group of buildings, and which is unobstructed and open to the sky above the floor level of any room having a window or door opening on such court. The width of a court shall be its least horizontal dimension.
CUSTOM: Work, service or assembly made to order for individual customers for their own use or convenience.
DAY NURSERY: See definition of Nursery School.
DORMITORY: A building or that portion thereof other than a hotel, motel, boarding house, fraternity house, or sorority house containing three (3) or more rooming units or guestrooms or sleeping facilities for more than five (5) persons. Such rooming units or guestrooms shall be for residential purposes only.
DRIVE-IN RESTAURANT: Any establishment where food or beverages are dispensed and where such food or beverages are consumed on the premises but not within a building.
DRIVE-IN THEATER: An open air theater designed for viewing by the audience from motor vehicles.
DUPLEX: A building designed and/or used exclusively for residential purposes and containing two (2) dwelling units separated by a common party wall or otherwise structurally attached.
DUST FREE: Shall mean the property is maintained dust free by paving with one of the following methods: a) asphaltic concrete, b) cement concrete, c) a penetration treatment of bituminous material and a seal coat of bituminous material binder and mineral aggregate, or d) the equivalent of the above as approved by the division of building inspection.
DWELLING: A building containing one or more dwelling units.
DWELLING GROUP: A single-family dwelling and one or more single-family or duplex dwellings located on a lot.
DWELLING, MULTIPLE: A building designed and/or used exclusively for family residential purposes containing more than one but not more than four (4) dwelling units.
DWELLING, SINGLE-FAMILY: A building designed and/or used exclusively for residential purposes for one family only and containing not more than one dwelling unit.
DWELLING, UNIT: One or more rooms within a building arranged, designed or used for residential purposes for one family and containing independent sanitary and cooking facilities. The presence of cooking facilities conclusively establishes the intent to use for residential purposes.
EFFICIENCY APARTMENT: A dwelling unit of no more than one room in addition to kitchen and bath.
FAMILY: A family is:
(A) An individual or two (2) or more persons related by blood, marriage, or adoption and usual servants, living together as a single housekeeping unit in a dwelling unit, or
(B) A group of not more than five (5) persons, who need not be related, living together as a single housekeeping unit in a dwelling unit.
FAMILY GAME CENTER: A supervised indoor amusement and recreation facility, the main use of which consists of mechanical, electronic, and electrical devices for entertainment and amusement, and which may include, but not be limited to, such facilities as card games, ping pong tables, and billiard tables.
FINE ARTS: Limited to painting, drawing, sculpturing, poetry, music, dancing and dramatic art.
FLOOR AREA RATIO: The floor area ratio of a building shall be the ratio of the gross floor area of the building, excluding those parts of the building specifically excluded, to the gross land area of the site which gross land area may include one-half (1/2) of all abutting streets and alleys which are dedicated to public use or as determined by the board of adjustment.
FOSTER HOME: A home maintained by any individual or individuals having the care of one or more but no more than five (5) minor children, other than those related to each other by blood or marriage, or related to such individuals, or who are legal wards of such individuals.
FRATERNITY OR SORORITY HOUSE: A building containing no more than one dwelling unit and no more than two (2) rooming units or guestrooms. Such rooming units or guestrooms shall be for residential purposes only.
GARAGE, PRIVATE: An accessory building occupied by the passenger motor vehicles of the families residing on the same lot. This may include one commercial vehicle under five (5) ton capacity. Noncommercial vehicles of persons nonresident on the lot may occupy up to one-half (1/2) the capacity of such garage.
GARAGE, PUBLIC: Any building, other than that herein defined as a private garage, used for the storage or care of motor vehicles, or where any such vehicles are equipped for operation, repaired, or kept for remuneration.
GROSS LEASABLE AREA: The total floor area designed for tenant occupancy and exclusive use, including basements, mezzanines, upper floors and storage area, and excluding areas devoted to housing of mechanical equipments, electrical substations and mail areas, and also excluding general office floor area having no connection to any of the retail establishments in the planned shopping center, up to twenty percent (20%) of the gross leasable floor area of the center.
GUESTROOM: A rooming unit of only one room. If a guestroom contains sleeping facilities for more than two (2) persons, each unit of sleeping facilities for two (2) persons or any portion thereof shall be considered as a separate guestroom for density purposes only.
HISTORICAL SOCIETY: An organization of persons interested in the study, collection, interpretation and dissemination of information and material related to the historical development of a given area, or combination thereof.
HOBBY SHOP: An accessory use which is not conducted for remuneration but solely as a hobby, pastime or means of education or entertainment. Such activity shall be carried on entirely within a building. No noise, heat, light, odor or vibration shall be emitted beyond the property line.
HOME: A place of human habitation.
HOME OCCUPATION: An occupation or a profession which:
(A) Is customarily carried on in a dwelling unit or in an attached building; and
(B) Is clearly incidental and secondary to the use of the dwelling unit for residential purposes and; further provided, that such use does not alter or change the exterior character of the dwelling unit or exterior character of the attached building, and in connection with which there is kept no stock in trade or commodity sold upon the premises, and in which no person is employed other than a member of the immediate family residing in the home; and
(C) Which conforms to the following additional conditions:
1. The occupation or profession shall be carried on wholly within the principal building or within an attached building.
2. There shall be no exterior display, no exterior storage of materials and no other exterior indication of the character of the principal building.
3. No offensive noise, vibration, smoke, dust, odors, heat or glare shall be produced;
(D) No mechanical equipment shall be used except that normally used for domestic, hobby, or household purposes;
(E) A "home occupation" shall not include, but such exclusion shall not be limited to, the following:
Barbershops.
Commercial stables, veterinary office.
Hospitals and kennels.
Real estate offices.
Restaurants.
HOSPITAL: An institution for the diagnosis, care or treatment of two (2) or more unrelated persons suffering from illness, injury or deformity, or for the rendering of obstetrical or other professional medical care other than in an emergency. The term "hospital" shall not be construed to include the office of a physician or practitioner. (For the purposes of this definition "nursing care" shall not be construed to be professional "medical care".)
HOTEL: A building or that portion thereof containing more than five (5) rooming units or sleeping facilities for more than twenty (20) persons. Such rooming units or dwelling units being for residential purposes or transient purposes. A hotel shall provide customary hotel services such as bellboy service, room service, maid service, telephone, secretarial or desk service.
HOUSEKEEPING RESIDENTIAL USE: All residential uses except those used for transient purposes.
INTERIOR LOT: A lot having but one side abutting on a street.
JUNKYARD: The use of a lot or portion thereof for the storage, keeping or abandonment of junk, dismantled automobiles, or other vehicles, or machinery, or parts thereof, including scrap metals, rags, or other scrap materials.
KEY LOT: An interior lot, one side of which is contiguous to the rear line of a corner lot.
KINDERGARTEN: See definition of Nursery School.
LAUNDRY, SELF-HELP: A building in which domestic type washing machines and/or driers are provided on a rental basis for use by individuals doing their own laundry.
LIBRARY: A place in which books, manuscripts, musical scores or other library or literary and artistic materials are kept for use and only incidentally for sale.
LIBRARY, RESEARCH: A place in which books, manuscripts, musical scores or other literary and artistic materials are kept for use, and only incidentally for sale, as reference in the inquiry and investigation of facts aimed at interpretation and discovery.
LOT, COMMERCIAL: A parcel of land or two (2) or more contiguous parcels zoned commercial or industrial to be used as a unit under the provisions of the commercial and industrial zoning districts of this chapter.
LOT LENGTH: The length (or depth) of a lot shall be:
(A) If the front and rear lines are parallel, the shortest distance between such lines.
(B) If the front and rear lines are not parallel, the shortest distance between the midpoint of the front lot line and the midpoint of the rear lot line.
(C) If the lot is triangular, the shortest distance between the front lot line and a line parallel to the front lot line, not less than ten feet (10') long lying wholly within the lot.
LOT LINE: (A) Front: The front property line of a lot shall be determined as follows:
1. Corner Lot: The front property line of a corner lot shall be the shorter of the two (2) lines adjacent to the streets as platted, subdivided or laid out. Where the lines are equal, the front line shall be that line which is obviously the front by reason of the prevailing custom of the other buildings in the block. If such front is not evident then either may be considered the front of the lot but not both.
2. Interior Lot: The front property line of an interior lot shall be the line bounding the street frontage.
3. Through Lot: The front property line of a through lot shall be that line which is obviously the front by reason of the prevailing custom of the other buildings in the block. Where such front property line is not obviously evident, the board of adjustment shall determine the front property line. Such a lot over two hundred feet (200') deep shall be considered, for the purpose of this definition, as two (2) lots each with its own frontage.
(B) Rear: The rear property line of a lot is that lot line opposite to the front property line. Where the side property lines of a lot meet in a point, the rear property line shall be assumed to be a line not less than ten feet (10') long, lying within the lot and parallel to the front property line. In the event that the front property line is a curved line, then the rear property line shall be assumed to be a line not less than ten feet (10') long, lying within the lot and parallel to a line tangent to the front property line at its midpoint.
(C) Side: The side property lines of a lot are those lot lines connecting the front and rear property lines of a lot.
LOT, RESIDENTIAL: A parcel of land or two (2) or more contiguous parcels to be used as a unit under the provisions of this chapter, as shown in the records of the Hill County recorder's office, and having its principal frontage on a street, in any district where a half street not less than one-half (1/2) of that width prescribed for that street by the minimum right of way standards map, and amendments thereto, has been dedicated, any lots facing or siding on such half streets from which side the required width of dedication has been made shall be deemed to have frontage on a street. No permit shall be issued for buildings on a lot fronting on a half street of less than thirty five feet (35') for a major arterial and thirty feet (30') for all other streets within the city of Havre. An appeal from this requirement may be taken to the board of adjustment.
For the purpose of this section, a private way of passage meeting city right of way standards which is burdened with an easement of passage, running with the land, to the benefit of all lots having frontage thereon, may be considered as a street subject to the following provisions:
(A) Such private way of passage must have been a part of a legally recorded subdivision in which substantial development of street or buildings has commenced at the time of passage of this chapter, or
(B) A proposed private way of passage must be submitted to the commission for its recommendations and then be approved by the city council of the city of Havre.
However, such private way of passage shall not be considered a street wherein it is contiguous with dedicated right of way except at an intersection of the private way of passage and the dedicated right of way.
LOT WIDTH: The width of a lot shall be:
(A) If the side property lines are parallel, the shortest distance between these side lines.
(B) If the side property lines are not parallel, the width of the lot shall be the length of a line at right angles to the axis of the lot as a distance equal to the front setback required for the district in which the lot is located. The axis of a lot shall be a line joining the midpoints of the front and rear property lines.
MAINTENANCE: The replacing of a part or parts of a building, which have been made unusable by ordinary wear or tear, or by the weather.
MALL: A pedestrian way of passage within or between closed buildings. Only areas at least fifty feet (50') within any open end mall shall be considered as being within the mall.
MARQUEE: See definition of Awning.
MOBILE HOME PARK: Any lot, tract or parcel of land licensed and used or offered for use in whole or in part, with or without charge, for the parking of occupied mobile homes and travel trailers subject to chapter 3 of this title and used solely for living and/or sleeping purposes. Travel trailers shall not occupy more than fifteen percent (15%) of the spaces of the total mobile home park.
MOBILE HOME SUBDIVISION: A subdivision for residential use by mobile homes exclusively.
MOTEL: A building or group of buildings containing apartments, and/or rooming units, and/or guestrooms each of which maintains a separate outside entrance. Such building or group of buildings being designed, intended, or used primarily for the accommodation of automobile travelers, and providing automobile parking conveniently located on the premises.
MULTI-FAMILY RESIDENCE: A building designed and/or used exclusively for residential purposes and containing more than one dwelling unit.
MULTIPLE DWELLING: A multiple dwelling is a "multi-family residence" as defined herein.
MUSEUM: An institution, including historical museums, devoted to the procurement, care and display of objects of lasting interest or value.
NONCONFORMING USES: See section 11-1-15 of this chapter.
NURSERIES: A building and premises where children are temporarily cared for in their parents' absence.
NURSERY SCHOOL: An institution for the care of children, of preschool age, the activity of which shall be conducted between the hours of seven o'clock (7:00) A.M. and seven o'clock (7:00) P.M. Even though some instruction may be offered in connection with such care, the institution shall not be considered a "school" within the meaning of the ordinance.
NURSING HOME: A facility other than a hospital in which continuing nursing care on a twenty four (24) hour basis by a graduate nurse licensed in Montana or other nursing personnel meeting standards adopted by the state board of health, is provided and in which medical services are prescribed or performed under the direction of a physician or surgeon licensed to practice in Montana, for two (2) or more unrelated persons who are not acutely ill and not in need of hospital care.
OPEN INNER COURT: A court bounded on all sides by building walls or other structures.
PARKING LOT, COMMERCIAL: A lot upon which cars are parked subject to remuneration.
PARKING LOT, PRIVATE: A lot upon which cars are parked without charge and in conformance with requirements of section 11-1-10 of this chapter.
PHARMACY: A place where medicines only are compounded or dispensed.
PLATE LINE: That part of a wall that supports the rafters.
PORCH, OPEN: A roof partially supported by columns or wall sections. Any portion of such open porch which extends into a front or side yard shall be so constructed that the area of supporting columns or wall sections on any one side shall not exceed fifty percent (50%) of that side; and further, that screen, lattice, grill work or other material which has a net ten percent (10%) closed area may be permitted, provided the maximum area of fifty percent (50%) is not exceeded. Such open porch shall be used solely for ingress and egress, and not for occupancy as a sleeping porch or washroom.
PRIVATE USE: One which is restricted to the occupants of a lot or building, together with their guests, where compensation for such use is not received and where no business or commercial activity is associated with such use of building.
PROFESSIONAL USE: The rendering of service of a professional nature by:
(A) Architects, engineers and surveyors.
(B) Doctors of medicine, osteopathy, dentistry and optometry.
(C) Lawyers.
(D) Accountants.
(E) Consultants and practitioners who are recognized by the appropriate above licensed professions.
(F) Chiropractors, chiropodists, and naturopaths.
PROHIBITED USE: A use which is not specifically permitted or analogous to those specifically permitted.
RESIDENTIAL PURPOSE: The intent to use and/or the use of a room or group of rooms for the living, sleeping and housekeeping activities of persons on a permanent or semipermanent basis of an intended tenure of one month or more.
RESIDENTIAL USE: Shall be deemed to include single and multiple dwellings and mobile homes.
REST HOME: See definition of Hospital.
RESTAURANT: An establishment other than a boarding house where meals which are prepared therein may be secured by the public.
ROOMING HOUSE: See definition of Boarding House.
ROOMING UNIT: A suite of rooms forming a single habitable unit used or intended to be used for residential or transient purposes but not including cooking facilities of any kind. Wherein a rooming unit is designed to be divided into separate guestrooms, then each separate sleeping room shall be counted as a guestroom for density purposes.
RUMPUS ROOM: A room in the main building or in an accessory building which is used as a playroom or study room by the occupants of the lot and their guests for such purposes and is not used for sleeping, living, or as a business office.
SCHOOL: A place of general instruction including college, but not including business colleges, nursery schools, dancing schools, riding academies or specialized trade or vocational schools.
SERVICE STATION: See definition of Automobile Service Station.
SHELTERED CARE HOME: A facility other than a hospital or nursing home for two (2) or more unrelated persons who are not acutely ill which renders personal care and assistance with meals, dressing, medications prescribed by a physician or surgeon licensed in Montana, and other personal assistance of a similar type and includes homes for the aged and infirm who do not need skilled nursing care.
SNACK BAR: A retail food service establishment serving such items as coffee, tea, milk, soft drinks, sandwiches and pastry. All customer service shall be confined to the physical limits of the snack bar.
STORY: That portion of a building included between the surface of any floor and the surface of the next floor above it, or if there is no floor above it, then the space between the floor and the ceiling next above it. A basement, the ceiling of which is less than four feet six inches (4'6") above the grade level, shall not be considered a story. A mezzanine floor shall be considered a story if it exceeds thirty three and one-third percent (331/3%) of the area of the floor next below it.
STREET: A dedicated public passageway which affords a principal means of access to abutting property.
STRUCTURE: 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 and attached to the ground.
SUBLOT: A subordinate and integral part of a lot which lot is identified on a subdivision recorded in the maps and plats records of the Hill County recorder.
THROUGH LOT: A lot abutting two (2) parallel or approximately parallel streets.
TOURIST COURT: See definition of Motel.
TOWNHOUSE: A single-family residence located within a multi- family structure with land and appendages thereon held in fee simple and common walls covered by party wall agreements and covenants running with the land. Commonly it refers to a single-family house of two (2) or sometimes three (3) stories that is connected to a similar house or houses by a common sidewall or sidewalls.
TRANSIENT PURPOSES: The intent to use and/or the use of a room or a group of rooms for the living, sleeping and housekeeping activities of persons on a temporary basis of an intended tenure of less than one month.
TRAVEL TRAILER: A vehicular portable home designed as a temporary dwelling for travel, recreational and vacation uses. Such home shall not exceed eight feet (8') in width and thirty two feet (32') in length, and shall be classified as a travel trailer whether or not its wheels, rollers, skids or other rolling equipment have been removed, or whether or not any addition thereto has been built on the ground.
TRAVEL TRAILER PARK: Any lot, tract or parcel of land licensed and used or offered for use in whole or in part, with or without charge, for the parking of occupied mobile homes, travel trailers, pickup campers, converted buses, tent trailers, tents or similar devices used for temporary portable housing and used solely for living and or sleeping purposes.
USE: The specific purpose for which a building or lot is arranged, intended, designed, occupied or maintained.
WHOLESALE: The business of selling goods or merchandise to retailers or jobbers for resale to the ultimate consumer.
YARD: A required space other than a court on any lot, unoccupied by a structure and unobstructed from the ground upward, and measured as the minimum horizontal distance from the nearest wall or projection including carports, porches, eaves, bay windows, sills, or other projections, to the property line opposite such building line; provided, however, that where a future width line is established by the provisions of this chapter for any street bounding the lot, then such measurement shall be taken from the line of the building to such future width line.
YARD, FRONT: A yard extending across the full width of the lot, the depth of the yard being the minimum horizontal distance between the front lot line and a line parallel thereto on the lot.
YARD, REAR: A yard extending across the full width of the lot between the most rear main building and the rear lot line; the depth of the required rear yard shall be measured horizontally from the nearest point of the rear lot line toward the nearest part of a main building.
YARD, SIDE: A yard between a main building and the side lot line, extending from the front yard, or front lot line where no front yard is required, to the rear yard, the width of the required side yard shall be measured horizontally from the nearest point of the side lot line toward the nearest part of a main building.
For the purposes of this chapter, all yards abutting streets or avenues shall be considered as front yards. (Ord. 599, 8-5-1974, eff. 9-4-1974; amd. Ord. 621, 8-4-1975, eff. 9-3-1975; Ord. 641, 2-7-1977)