Purpose and Intent. This section establishes standards and required findings of fact for conditional uses. The purpose of conditional uses is to allow uses that may be suitable in some but not all locations in the zoning district in which they are allowed, or require special consideration because of unusual operational or physical characteristics, or must be designed and developed with conditions to assure compatibility with adjoining uses.

A Conditional Use Permit (CUP) may be granted to allow a conditional use only for a use listed as a "conditional" use in an allowed uses table and only after the board of adjustment has made findings of fact that the conditional use complies with the following standards. The following standards apply in addition to standards of general applicability.

Findings of Fact. The board of adjustment shall make findings of fact that a conditional use complies with the following standards:

A.

Consistent with Growth Policy. The conditional use is consistent with the policies, goals, objectives and strategies of the Baker Growth Policy.

B.

Compatibility. The conditional use is compatible with the character of the immediate vicinity including the bulk, scale, and general appearance of neighboring buildings and uses.

C.

Minimizes Adverse Impact. The design, development, and operation of the conditional use minimize and mitigate adverse effects, including visual impact of the proposed use on adjacent lands.

D.

Minimizes Adverse Environmental Impact. The development and operation of the proposed conditional use minimizes adverse environmental impacts. Environmental resources to be assessed include, but are not limited to wetlands, riparian areas, steep slopes, mature vegetation and the floodplain.

E.

Impact on Public Facilities and Services. The conditional use does not have a significant adverse impact on public facilities and services, including, but not limited to, transportation systems, potable water and wastewater facilities, storm drainage, solid waste and recycling, parks, trails, sidewalks, schools, police, fire, and EMT facilities.

F.

Hazard, Nuisance. The proposed conditional use will not create a hazard to persons or property and will not create a nuisance arising from, but not limited to traffic, noise, smoke, odors, dust, vibration, or illumination.

G.

Other Codes. The conditional use complies with all applicable city codes and ordinances.

Applicability. An approved CUP shall run with the land and may be transferred to another owner but only for the approved timeframe. The board of adjustment may place the following conditions to mitigate any adverse impact from the project:

A.

Special yards;

B.

Open spaces;

C.

Buffers;

D.

Fences;

E.

Walls;

F.

Requiring installation and maintenance of landscaping;

G.

Requiring street dedications and improvements;

H.

Regulating points of vehicular ingress and egress;

I.

Regulating traffic circulation;

J.

Regulating signs;

K.

Regulating hours of operation and methods of operations;

L.

Controlling potential nuisances;

M.

Prescribing standards for maintenance of buildings and grounds;

N.

Prescribing development schedules and development standards; and

O.

Such other conditions as the council may deem necessary to ensure compatibility of the use with surrounding developments and uses and to preserve the public health, safety, and welfare.

Expiration, Discontinuance or Abandonment. An approved CUP shall expire on the one year anniversary date of approval if the permit is not put to use, unless an alternate timeline is established in the development approval. If a conditional use is operationally discontinued or abandoned for a period of more than twelve consecutive months, regardless of the removal or non-removal of furniture/equipment or any intention to resume such activity in the future, the conditional use may not be reestablished or resumed. Any subsequent use of the site shall conform to this ordinance. A timeframe shall be established at approval for use of the conditional use permit.

Purpose and Intent. The purpose and intent of this section are to establish certain standards that apply to specific uses. Some uses listed in the allowed uses tables are required to comply with use-specific standards. The allowed uses tables contain references to sub-sections below that establish the use-specific standards.

Specific Uses.

P.

Bed and Breakfasts.

1.

Definition. A bed and breakfast is a private residence occupied by the owner or manager that provides overnight lodging to paying guests.

2.

Maximum Number of Rooms. A bed and breakfast shall not exceed five rooms that are rented to guests in addition to the rooms dedicated to the owner/manager. More than five rooms in a structure is considered a motel.

3.

Meals. A bed and breakfast includes breakfast in the lodging rate. No other meals are served to guests and no meals are served to the general public.

4.

Duration of Stays. Bed and breakfasts provide short-term lodging and guests shall not stay more than fourteen days in a thirty day period.

5.

Residential, Historic Character. Bed and breakfast facilities shall be compatible to the bulk, scale and appearance of the neighborhood in which it is located. When a bed and breakfast is in an historic structure, the historically significant architectural elements of the structure shall be maintained.

6.

Parking. One parking space for the owner/manager and one space for each room rented to guests shall be provided on-site. The zoning administrator may approve tandem parking for two spaces if it does not create an unsafe condition.

7.

Signage. Notwithstanding the standards of outdoor advertising, a bed and breakfast shall be allowed one sign, not to exceed twelve square feet in sign area. This sign may be free-standing provided it is setback a minimum of ten feet from the property line. A bed and breakfast located within a commercial zone falls entirely under outdoor advertising for sign requirements.

Q.

Day Care Centers.

1.

Definitions.

a.

Day Care Facility. A commercial facility that provides care for more than two children or adults on less than a 24-hour basis for someone other than a family member or a person who lives with the children or adult. Adult day care is the provision of services and assistance to help adults with daily living.

b.

Day Care Center. An out-of-home place in which care is provided to thirteen or more children or adults or provides adult day care in conjunction with a long-term care facility or health care facility.

c.

Family Daycare or Group Daycare. A private residence or other structure in which day care services are provided to six to twelve children or adults.

2.

License, Registration Certificates. Day care centers shall be licensed, and day care home facilities shall be issued a registration certificate, by the Montana Department of Family Services.

3.

Compatible Appearance. Day care centers in residential zoning districts shall maintain a residential appearance as viewed from the street.

4.

Centers for Children.

a.

Outdoor Play Area. Day care centers for children shall provide at least seventy-five square feet of outdoor play area per child.

b.

Fence. Notwithstanding other standards of this ordinance that regulate fences, day care centers for children may be required to provide a six foot high solid fence, or a minimum twenty foot wide landscape buffer to separate outdoor play areas from adjoining residential dwellings.

5.

Signs. Notwithstanding outdoor advertising, a day care center shall be permitted one sign not to exceed twelve square feet in sign area when in a residentially zoned district.

R.

Home Occupations.

1.

Purpose and Intent. The purpose and intent of these standards are to provide for limited commercial uses on the site of a residential dwelling unit. Home occupations provide for businesses that are carried out by residents of the dwelling and are incidental and subordinate to the residential use. Home occupations provide a place for businesses to start but do not permit their continued existence once the business has grown beyond the size that can maintain the residential character and scale of the residential property. It also is the purpose of these standards to provide peace, quiet and tranquility in residential neighborhoods and to guarantee all residents freedom from excessive noise, traffic, nuisance, fire hazard and other deleterious effects of commercial uses.

2.

Standards. Home occupations on single-household sites shall comply with the following standards:

a.

One per Residence. Not more than one home occupation can be located on a single-household lot or property as an accessory use.

b.

Residents. A home occupation shall employ at least one resident of the home with which the home occupation is associated and may include one non-resident employee.

c.

Character. Home occupations shall not diminish the residential character of the property.

d.

Inside Structure. Except for agricultural activities, home occupations shall be carried out within the dwelling unit or accessory structure.

e.

Maximum Area. Home occupations shall not occupy more than thirty-three percent of the total floor area of all dwelling units, including accessory buildings.

f.

Equipment. Mechanical equipment used in connection with the home occupations shall be limited to equipment normally found in a dwelling unit, including accessory buildings.

g.

Outside Storage. Outside storage of equipment, materials, merchandise, inventory, or heavy equipment that is associated with the home occupation shall be prohibited.

h.

Parking. Off-street parking shall be provided pursuant to section parking and loading standards.

i.

Signs. Notwithstanding outdoor advertising, each home occupation shall be limited to one wall sign containing the name, title and occupation of the home occupation not exceeding twelve square feet in sign area. Window areas shall not be used to display or advertise merchandise to the exterior of the dwelling unit or accessory building and no free-standing business sign is permitted. Home occupations in commercial districts are permitted twelve square feet of sign area.

j.

Trucks Prohibited. No trucks, vehicles with a manufacturer rated capacity of two tons or equipment shall be parked overnight on the street or on the premise unless totally enclosed in a building.

k.

Deliveries. Delivery trucks shall not operate from the residential property. This standard does not prohibit infrequent deliveries in a truck or vehicle to/from the occupants of the dwelling unit.

l.

Nuisance Prohibited. Home occupations shall not create a fire hazard, adversely affect neighboring property values or constitute a nuisance or detrimental condition for neighboring property from excessive traffic, noise, odor, vibrations, electrical disturbance or other impact.

m.

Hazardous Material Prohibited. The storage of flammable liquids in excess of ten gallons or hazardous materials related to the home occupation is prohibited in the dwelling unit, accessory building or parked vehicles.

3.

Single Household Standards. The residence containing the home occupation shall comply with all applicable standards for single-household dwellings in the zoning district in which it is located.

S.

Manufactured Home Communities. Manufactured home communities are included in the state classification of land subdivisions by rent or lease. Lots can also be sold as individual units. Therefore, applicants for such developments shall apply for and be reviewed under both site plan and subdivision. When both review processes are required, they will be reviewed concurrently when appropriate. All standards of this ordinance are applicable unless explicitly waived.

1.

State Requirements. All manufactured home communities developed under this section shall comply with state department of public health and human services, department of environmental quality, and any other applicable state regulations. Prior to final approval for a manufactured home community, copies of approval letters from relevant state agencies shall be submitted or compliance with all applicable regulations shall be certified by a professional civil engineer licensed by the state.

2.

Lot Improvements. The location of boundaries of each manufactured home lot for rent or lease shall be clearly and permanently marked on the ground with flush stakes, markers, or other suitable means. The location marked must be closely approximate to those depicted on the approved plans.

3.

Utility Hookup. Every manufactured home shall be permanently connected to electric power, water supply, sewage disposal, and gas lines in compliance with applicable city codes, and all utility distribution and service lines shall be installed underground.

4.

Permanent Foundations and Anchoring. All manufactured homes shall be required to be tied or otherwise physically anchored in accordance with HUD or the manufactured home builder's requirements.

5.

Skirting. Each manufactured home shall be skirted within sixty days and be of a type designed specifically for manufactured homes. Hay bales, foam insulation such as blue board, lattice and other similar building materials are prohibited. Stamped foam insulation specifically made for manufactured homes is allowed.

6.

Curb, Gutter, and Sidewalks. Concrete curb, gutters and sidewalks shall be placed along the front lot line of any lot which is occupied. All shall be installed according to plans and specifications of the city and approved by the director of public works or the public works director.

7.

Setbacks. Each manufactured home shall be set back from all adjacent structures a minimum of ten feet to protect against fires and combustible items.

8.

Offensive Activity. No noxious or offensive activity shall be carried on upon any lot, nor shall anything be done thereon which may be, or may become an annoyance or nuisance to the neighborhood.

9.

Pre-1976 Units. Any manufactured home constructed prior to 1976 shall be prohibited in the district. Existing manufactured homes within manufactured home parks can remain but such structures cannot be moved into another park for use. Once removed, a pre-1976 unit cannot be placed within the park.

10.

Sales. Manufactured home sales may occur within the park provided that the area used for sales is five percent or less of the gross number of units within the park.

11.

Maintenance.

a.

There shall be no exposed outdoor storage of furniture (except lawn furniture), household goods, tools, equipment, or building materials or supplies.

b.

No manufactured home may be parked on a public or private street for more than 24 hours.

c.

An abandoned, burned or wrecked manufactured home must be secured against entry as directed by the fire marshal and may not be kept on a lot for more than forty-five days.

d.

Each manufactured home must bear an insignia which attests that the construction of the manufactured home meets or be certified as meeting the Manufactured Home Construction and Safety Standards of the U.S. Department of Housing and Urban Development.

e.

Within sixty days of placement, standard manufactured home skirting of fire-resistive material that meets fire resistance ratings in the city's building code and is of similar character to that of the manufactured home must be provided around the entire perimeter of the manufactured home between the bottom of the body of the manufactured home and the ground, except where the running gear has been removed and the manufactured home itself is attached directly to the permanent foundation.

f.

All private, commonly owned recreation areas not devoted to buildings, structures, surfaced courts, sand boxes, etc., shall be landscaped.

12.

Manufactured Home Lots for Rent or Lease. All units shall be arranged to permit the practical placement and removal of manufactured homes. Every lot for rent or lease must front on a public or private street.

13.

Permits and Inspections.

a.

Owner's and Agent's Responsibility. It shall be the responsibility of the individual property owners or, in the case of a rental community, the managers of the rental community, to see that all sections of this article are complied with, including requirements relative to placement of manufactured homes, and all required permits.

b.

Non-manufactured home improvements subject to the adopted International Building Code. Permits must be obtained for additions, alterations, canopies, carports, sheds, fences, and similar structures.

14.

The Preliminary and Final Plans Shall Accurately Depict:

a.

All Proposed and Required Landscaping.

b.

Storage Areas.

c.

A Layout of Typical Lots. All lots for rent or lease, showing the location and dimensions of the lot, manufactured home stand, driveway and parking spaces, and maximum size of home allowed on each lot.

d.

Mail Delivery Area.

e.

Foundation and Anchoring Details.

f.

Permanent Enclosure for Temporary Storage of Garbage. A permanent enclosure for temporary storage of garbage, refuse and other waste material shall be provided for every manufactured home space. If trash dumpsters are to be used, they shall be centrally and conveniently located, shall not be in any front yard, and shall otherwise comply with the requirements of this ordinance.

g.

Landscaping Buffer. Landscaping may be required by the review authority to provide a buffer between manufactured home communities and adjacent uses, and to enhance the appearance of the development. The landscaping may be interspersed with a fence or wall. Specific perimeter landscape/buffering treatments shall be determined on a case-by-case basis, with the city considering appropriate factors such as the nature of adjacent uses, noise and proximity to busy streets.

T.

Temporary Uses, Building.

1.

Definition. Temporary uses are allowed for a certain length of time that is determined by the zoning administrator and prescribed in the permit authorizing such use. The allowed duration of the use and any related structure shall reflect the purpose of the temporary use. Temporary uses include Christmas tree sales, on-site construction office or construction equipment shed, community event, food and merchandise vendors, temporary real estate office, farm stand or a similar short-term activity.

2.

Administrative Approval. The zoning administrator may approve a temporary use of a site or building provided the use complies with all applicable standards of this ordinance.

3.

Duration. An approval for a temporary use shall expire in six months unless granted a one-time six month extension by the zoning administrator for good cause. A temporary use must leave the city jurisdiction for at least six months in order to activate a new temporary cycle.

U.

Sexually Oriented Business. Sexually oriented business shall comply with the following standards.

1.

Definition. A sexually oriented business is a commercial facility that includes but is not limited to adult bookstores, adult video centers, nude modeling studios, nude shows, adult motion picture theaters, sexual encounter businesses, or similar activities.

2.

Separation from Other Uses. A building containing a sexually oriented business shall be setback a minimum of one thousand feet from the boundary of a lot or a parcel that contains a church, public or private school, public park, hospital, adult care facilities, long-term care facilities, childcare facility or a medical marijuana dispensary.

3.

Separation from another Sexually Oriented Business. A sexually oriented business shall not be located, or an existing business expanded, within one thousand feet from another sexually oriented business.

4.

One per Building. No more than one sexually oriented business can be located in the same structure or building.

5.

Measurement. For the purpose of determining compliance with Subsection U.2, Separation from Other Uses, above, measurement shall be made in a straight line measured from the lot line of the sexually oriented business to the lot line containing a church, school, public park, medical marijuana dispensary or another sexually oriented business.

6.

Signs. In addition to the standards of Article 17.16 Outdoor Advertising, signs visible from the exterior of the structure may state there is adult material inside but no pictures or other advertising may be displayed that indicates a nude person is available for viewing.

7.

No Alcohol. Alcohol sales, consumption and gambling are prohibited within a building containing or in conjunction with a sexually oriented businesses.

V.

Propane Bulk Storage. Compliance with the applicable Fire Code as adopted by the State of Montana and all subsequent referenced codes shall be required, such as the National Fire Protection Association standards titled 58 Liquefied Petroleum Gas Code. All proposed tank installations over five hundred gallons shall be reviewed by the fire department prior to and post conditional use public hearings.

[W.]

Outside Storage. Commercial and industrial uses permitted to have outside storage of merchandise, material or equipment shall provide screening from neighboring properties and streets. Notwithstanding other standards of this ordinance regulating fences and walls, stored material shall be screened by a sight obstructing fence or wall a minimum of eight feet high that prevents visibility of the stored material from adjacent streets or properties. This requirement shall not apply to the storage of plant material associated with nurseries, the display for sale or rent of new and used automobiles in operational condition, recreational vehicles, boats, manufactured homes, or the use and sale of farm and construction equipment.

[X.]

Storage Units and Containers.

A.

Non-Residential Districts, Sites. Secure storage units, cargo, freight, or overseas containers, pole barns and Quonset huts are permitted as accessory structures on non-residential sites in non-residential zoning districts in accordance with the following standards.

1.

These units shall be located to the rear of the building they serve and screened from view from the street or match the architecture of the primary building.

2.

Meet setbacks of the prevailing zoning district.

3.

Units must comply with the most recent international building code adopted by the city

B.

Residential Districts, Sites. Secure storage units or containers are prohibited in all residential zoning districts and on residential sites in non-residential zoning districts except as temporary storage units during active construction jobs.

[Y.]

Wireless Communication Facilities.

C.

Purpose and Intent. The purpose and intent of this section is to provide for commercial wireless communication facilities in a safe, efficient, and orderly manner, to encourage the co-location of facilities to reduce the number of new communication towers and to minimize the adverse visual effects of such towers.

D.

Definitions. For the purpose of this section, certain words and terms are defined below:

1.

Antenna means the arrangement of wires, poles, rods, or similar devices used in the commercial transmitting and/or receiving of electromagnetic waves, digital signals and other communication signals. Communication tower means an antenna support structure designed and constructed for the primary purpose of supporting one or more antennas, including a mast, pole, monopole, guyed or lattice tower, freestanding tower, or any similar structure.

2.

Camouflage means the integration of an antenna or communication tower with existing building, structure, or natural surroundings to disguise it from the true purpose of the facility.

3.

Conceal means to place an antenna or tower out of sight by enclosing it in a structure.

4.

Co-locate means placing more than one antenna or wireless communication provider on a single communication tower or antenna support structure.

5.

Wireless Communication Facility means a tower/antenna support structure and antenna(s) that transmits and/or receives electromagnetic signals for commercial wireless communications.

E.

Exemptions. Amateur radio antennas or similar non-commercial wireless facilities shall be exempt from this section.

F.

Approvals.

1.

Antennas. Antennas that are co-located on existing buildings or communication towers, or are concealed or camouflaged, shall be approved by the zoning administrator pursuant to the terms of this ordinance.

2.

Communication towers. Wireless communication towers may be approved with a conditional use permit pursuant to Section 17.0.181, Conditional Uses and further provided they comply with standards of this Section.

G.

Standards for Communication Towers.

1.

No Attempt to Exclude. No wireless communication facility owner or lessee shall act to exclude or attempt to exclude any other wireless telecommunication provider from using the same building, structure, or location. Wireless communication facility owners and lessees shall cooperate in good faith with other wireless providers to achieve co-location of antennas and wireless communication facilities.

2.

Excess Capacity. All new communication towers are encouraged to be constructed with excess capacity for co-location of future antennae or wireless facilities. Owners of communication towers shall work in good faith to reach mutually agreeable terms to allow co-location of antennae and wireless communication facilities.

3.

Setbacks. Ground mounted facilities and buildings related to a communications tower shall comply with the setbacks of the zoning district in which they are located. A communication tower be setback from all property lines at least one foot for every foot of height of the tower but in no case less than the setback of the zoning district in which it is located.

4.

Equipment Location, Visual Mitigation.

a.

Roof Mounted. Roof mounted wireless communications equipment shall be located as far from the edge of the roof as possible or screened by parapet walls.

b.

Wall Mounted. Wall mounted wireless communication equipment shall be mounted as flush to the wall as possible and shall not project above the wall on which it is mounted.

c.

Signals, Lights Prohibited. Signals, lights, illumination and signs are prohibited on a communication tower or facility unless required by the FAA or other applicable regulatory authority.

d.

No Hazard, No Interference. Communications towers shall be operated to avoid any health hazard to the general public and any interference with the operation of public safety/communication facilities and home appliances.

e.

FAA Certification, FCC Standards. Certification shall be obtained from the Federal Aviation Administration that the communications tower poses no hazard to the operation of aircraft. Wireless communication facilities shall comply with the technical emissions standards of the Federal Communications Commission.

H.

Removal of Abandoned Wireless Communication Facilities. If due to changes in technology or other reasons, a wireless communication facility, communication tower, antenna support structure or related equipment is not operated for a period of twelve continuous months it shall be considered abandoned. The owner of such facility shall remove the facility, including antennae, attachments, related appurtenances, and equipment building, within ninety days of receipt of notice from the zoning administrator notifying the owner of such abandonment. If the abandoned wireless communication facility is not removed within the ninety day period, the City of Baker shall have the authority to remove the facility and bill the owner for all costs associated with the removal.

[Z.]

Short-Term Rental.

I.

Purpose and Intent. The purpose and intent of this Section is to provide for the short-term rental of residential dwellings and avoid impact on neighboring residences.

J.

Definitions. Short-term rental is the rental of a dwelling for less than thirty days. The short-term rental pursuant to this section does not include a bed and breakfast.

K.

Standards.

1.

Comply with Single Household. Except as distinguished in this subsection, the dwelling shall comply with all standards and requirements for single-household dwelling units in the zoning district in which it is located.

2.

Residential Character. The property shall retain the character and appearance of a single-household dwelling. The design or operation of the short-term rented dwelling shall not create the appearance or operating characteristics of a commercial property.

3.

Signage. Signage associated with a short-term rental unit shall comply with the terms of Article 17.16 Outdoor Advertising that apply to residential zoning districts.

L.

Fire and Health Departments. Owners of a short-term rental property shall comply with applicable rules and regulations of the Baker Fire Department and Fallon County Health Department.