Belgrade City Zoning Code
CHAPTER 3
USES
10-3-1: USE TABLE:
Principle uses are allowed as specified in 10-3-4. (Ord. 2023-7, 7-17-2023)
10-3-2: INTERPRETING USE TABLE:
A. Use Classification System.
1. Use Classification System Uses are listed in the first column of Table 10-3-4. This zoning ordinance classifies uses into categories and subcategories, as explained in (B). In some cases, specific use types are listed in addition to the use categories and subcategories.
B. Permitted Uses.
1. Uses identified with a “P” are permitted as-of-right in the subject zoning district, subject to compliance with any supplemental regulations identified in the final column of Table 10-3-4 and with all other applicable regulations of this zoning ordinance.
2. Uses identified with a “P2” are permitted as-of-right in the subject zoning district but only above the ground floor. Such uses are prohibited on the ground floor.
C. Conditional Uses.
1. Conditional Uses identified with “C” are allowed only if reviewed and approved as specified in 10-6-12 and subject to compliance with any supplemental regulations identified in the final column of Table 10-3-4, and with all other applicable regulations of this zoning ordinance.
D. Prohibited Use.
1. Uses identified with an “-” are expressly prohibited. Uses that are not listed in the table and that cannot be reasonably interpreted as specified in 10-3-3.E. to fall within any defined use category or subcategory are also prohibited.
E. Reference.
1. The final (“Reference”) column of Table 10-3-4 includes a cross-reference to the use definition and any applicable supplemental use regulations that apply to the use. Unless otherwise expressly stated, compliance with supplemental use regulations is required regardless of whether the use is permitted as-of-right or requires conditional use approval.
F. Accessory Uses.
1. Table 10-3-4 identifies some types of accessory uses allowed in conjunction with principal uses. Other types of accessory uses may be allowed in conjunction with principal uses permitted by right or by conditional use approval. Accessory uses are subject to compliance with all applicable accessory use regulations as specified in Article IX of this Title. (Ord. 2023-7, 7-17-2023)
10-3-3: CLASSIFICATION OF USES:
A. General:
1. This section describes the system used to classify principal uses in this zoning ordinance.
B. Use Categories:
1. This zoning ordinance classifies principal land uses into ten (10) major groupings. These major groupings are referred to as “use categories.” The use categories are as follows:
a. Residential (see Article II)
b. Commercial (see Article III)
c. Industrial/Agricultural (see Article IV)
d. Health And Wellness (see Article V)
e. Public Uses (see Article VI)
f. Recreation (see Article VII)
g. Education And Childcare (see Article VIII)
h. Accessory (see Article IX)
i. Temporary (see Article X)
j. Other (see Article XI)
C. Use Subcategories:
1. Each use category is further divided into more specific “subcategories.” Use subcategories to classify principal land uses and activities based on common functional, product, or physical characteristics, such as the type and amount of activity, the type of customers or residents, how goods or services are sold or delivered, and site conditions.
D. Specific Use Types:
1. Some use subcategories are further broken down to identify specific types of uses that are regulated differently than the subcategory.
E. Classification Of Uses:
1. The community development director is authorized to classify uses on the basis of the use category, subcategory, and specific use type descriptions of this article.
2. When a use cannot be reasonably classified into a use category, subcategory, or specific use type or appears to fit into multiple categories, subcategories, or specific use types, the community development directors is authorized to determine the most similar and, thus, most appropriate use category, subcategory or specific use type based on the actual or projected characteristics of the principal use or activity in relation to the use category, subcategory, and specific use type descriptions provided in this article. In making such determinations, the community development director must consider the following:
a. The types of activities that typically occur in conjunction with the use;
b. The types of equipment and processes to be used;
c. The existence, number, and frequency of residents, customers, or employees;
d. The type of building or structure (if any) in which the use is located;
e. Parking demands or the use; and
f. Other factors deemed relevant to a use determination.
g. If a use can reasonably be classified in multiple categories, subcategories, or specific use types, the community development director is authorized to categorize each use in the category, subcategory, or specific use type that provides the most exact, narrowest, and appropriate “fit.”
F. If a use can reasonably be classified in multiple categories, subcategories, or specific use types, the community development director is authorized to categorize each use in the category, subcategory, or specific use type that provides the most exact, narrowest, and appropriate “fit.” (Ord. 2023-7, 7-17-2023)
10-3-4: PRINCIPLE USE TABLE:
For a key to Districts and District Abbreviations, see Table 10-2.
Districts | |||||||||||||||||
USE CATEGORY | Residential | Mixed Use & Commercial | Industrial | Special Districts | Additional Regulations | ||||||||||||
Specific Use Type | R
| N
| R S
| M R
| C L
| M P
| C C
| M U
| D D
| F E
| I D
| I
| E I
| OS P
| AD- A
| AD- B
| |
Districts | |||||||||||||||||
USE CATEGORY | Residential | Mixed Use & Commercial | Industrial | Special Districts | Additional Regulations | ||||||||||||
Specific Use Type | R
| N
| R S
| M R
| C L
| M P
| C C
| M U
| D D
| F E
| I D
| I
| E I
| OS P
| AD- A
| AD- B
| |
RESIDENTIAL | |||||||||||||||||
Group Care Facility | -- | -- | -- | C | P | P | P | P | C | -- | C | -- | -- | -- | -- | -- | 10-3-10 |
Group Home | C | C | C | P | P | P | P | P | -- | -- | C | -- | -- | -- | -- | -- | |
Permanent Supportive Housing | -- | -- | -- | C | P | - | P | P | -- | -- | P | -- | C | -- | -- | -- | |
Residential (1-2 units) | P | P | P | P | P | P | C2 | P2 | P | -- | -- | -- | -- | -- | -- | -- | |
Residential (2-4 units) | -- | -- | -- | P | P | P | P2 | P2 | P | -- | P | -- | -- | -- | -- | -- | 10-3-10 |
Residential (5+ units) | -- | -- | -- | C | P | P | P2 | P2 | P | -- | P | -- | P | -- | -- | -- | |
Residential Care Facility | -- | -- | -- | P | P | P | P | P | -- | -- | P | -- | C | -- | -- | -- | |
Senior Assisted Living Facility | -- | -- | -- | C | P | C | P | P | -- | -- | C | -- | P | -- | -- | -- | |
Senior Independent Living Facility | -- | C | C | C | P | P | P | P | -- | -- | C | -- | P | -- | -- | -- | 10-3-47 |
Short-term Rentals | P | P | P | P | P | P | P | P | P | -- | -- | -- | -- | -- | -- | -- | |
Skilled Care Facility | -- | -- | -- | C | P | P | P | P | -- | -- | P | -- | C | -- | -- | -- | |
Transitional Dwelling | -- | -- | -- | C | P | - | P | C | P | -- | C | -- | -- | -- | -- | -- | |
COMMERCIAL | |||||||||||||||||
Adult Entertainment Business | -- | -- | -- | -- | -- | -- | -- | -- | -- | -- | C | -- | -- | -- | -- | -- | 10-3-14 |
Airport | C | -- | -- | -- | -- | -- | -- | -- | -- | -- | -- | -- | -- | -- | P | P | |
Antique Shop | -- | -- | -- | -- | -- | -- | P | P | P | P | P | -- | -- | -- | -- | -- | |
Art Studio | -- | -- | -- | P | P | P | P | P | P | P | P | -- | P | -- | -- | -- | |
Beverage Sales, Liquor, Beer, or Wine Store | -- | -- | -- | -- | P | P | P | P | P | P | P | -- | -- | -- | -- | P | |
Beverage, Brewing and Distilling | -- | -- | -- | -- | -- | C | C | C | -- | C | P | P | -- | -- | -- | -- | |
Small-scale Beverage, Brewing and Distilling/Winery | -- | -- | -- | -- | C | C | P | P | P | P | P | P | -- | -- | -- | P | |
Beverage Distribution | -- | -- | -- | -- | -- | -- | -- | -- | -- | P | P | P | -- | -- | -- | -- | |
Car Wash | -- | -- | -- | -- | -- | -- | P | -- | -- | P | P | P | -- | -- | -- | P | |
Casino | -- | -- | -- | -- | -- | -- | C | C | C | C | C | C | -- | -- | -- | -- | 10-3-15 |
Clinic, Veterinary | C | -- | -- | -- | -- | C | P | P | P | P | P | P | -- | -- | -- | -- | |
Commercial Kennel | -- | -- | -- | -- | -- | -- | C | -- | C | C | -- | C | -- | -- | -- | -- | 10-3-16 |
Drugstore | -- | -- | -- | C | P | P | P | P | P | P | P | -- | -- | -- | -- | -- | |
Financial Institution | -- | -- | -- | -- | -- | C | P | P | P | P | P | -- | -- | – | -- | -- | |
Food Sales, Large Grocery | -- | -- | -- | -- | -- | P | P | -- | C | P | P | -- | -- | -- | -- | -- | |
Food Sales, Small Grocery | -- | -- | -- | C | P | P | P | P | P | P | P | -- | -- | -- | -- | P | |
Food Service, Commissary/ Bakery | -- | -- | -- | C | P | P | P | P | P | P | P | -- | -- | -- | -- | -- | |
Food Service, Deli | -- | -- | -- | C | P | P | P | P | P | P | P | -- | -- | -- | -- | P | |
Funeral Home | -- | -- | -- | C | -- | -- | P | P | -- | P | -- | -- | C | -- | -- | -- | |
Garden Center | -- | -- | -- | -- | -- | C | P | -- | C | P | P | -- | -- | -- | -- | -- | |
Indoor Storage Facility | -- | -- | -- | -- | -- | -- | P | C | -- | P | -- | C | -- | -- | -- | P | |
Offices, Business and Professional | -- | -- | -- | -- | -- | P | P | P | P | P | P | P | P | -- | -- | -- | |
Outdoor Storage Facility | -- | -- | -- | -- | -- | C | -- | -- | -- | P | -- | -- | -- | -- | -- | P | |
Overnight Lodging, Bed and Breakfast | -- | -- | -- | P | P | P | P | P | P | P | P | -- | -- | -- | -- | C | |
Overnight Lodging, Boutique Hotel | -- | -- | -- | -- | C | C | P | P | P | P | P | -- | -- | -- | -- | C | |
Overnight Lodging, Hotel | -- | -- | -- | -- | -- | P | P | C | C | P | P | -- | -- | -- | -- | C | 10-3-17 |
Overnight Lodging - Private Transient Occupancies/STR | P | -- | -- | C | C | -- | P | P | C | P | P | -- | -- | -- | -- | C | |
Personal Services | -- | -- | -- | C | C | C | P | P | P | P | P | C | -- | -- | -- | -- | |
Research/Laboratory Facility | -- | -- | -- | -- | -- | -- | P | -- | -- | P | P | P | P | -- | -- | P | |
Restaurant - Full Service | -- | -- | -- | C | P | P | P | P | P | P | P | C | -- | -- | -- | P | |
Restaurant - Limited Service | -- | -- | -- | C | P | P | P | P | P | P | P | C | -- | -- | -- | P | |
Restaurant - Quick Service | -- | -- | -- | C | P | P | P | P | P | P | P | C | -- | -- | -- | P | |
Retail Gasoline and Convenience | -- | -- | -- | -- | -- | C | P | -- | C | P | P | -- | -- | -- | -- | P | |
Retail Store | -- | -- | -- | -- | C | C | P | P | P | P | P | -- | -- | -- | -- | P | |
Vehicle or Equipment Repair | -- | -- | -- | -- | -- | -- | P | C | -- | P | -- | P | -- | -- | -- | P | 10-3-18 |
Vehicle Sales (Vehicle Service is Accessory) | -- | -- | -- | -- | -- | -- | P | -- | C | P | -- | P | -- | -- | -- | P | |
Large Vehicles and Equipment (Service is Accessory) | -- | -- | -- | -- | -- | -- | -- | -- | -- | P | P | P | -- | -- | -- | -- | |
MARIJUANA BUSINESSES | |||||||||||||||||
Adult-Use Dispensary | -- | -- | -- | -- | -- | -- | P | P | P | P | P | P | -- | -- | -- | -- | 10-3-20 |
Dispensary | -- | -- | -- | -- | -- | -- | P | P | P | P | P | P | -- | -- | -- | -- | 10-3-20 |
Medical Marijuana Dispensary | -- | -- | -- | -- | -- | -- | P | P | P | P | P | P | -- | -- | -- | -- | 10-3-20 |
Marijuana Production Facility | -- | -- | -- | -- | -- | -- | -- | -- | -- | P | P | P | -- | -- | -- | -- | 10-3-20 |
Testing Laboratory | -- | -- | -- | -- | -- | -- | -- | -- | -- | P | P | P | -- | -- | -- | -- | 10-3-20 |
Transporter Facility | -- | -- | -- | -- | -- | -- | -- | -- | -- | P | P | P | -- | -- | -- | -- | 10-3-20 |
INDUSTRIAL/AGRICULTURAL | |||||||||||||||||
Agriculture | P | -- | -- | -- | -- | -- | -- | -- | -- | -- | -- | -- | -- | -- | P | P | |
Artisan Manufacturing | C | C | -- | -- | C | C | P | P | P | P | P | P | -- | -- | -- | P | |
Manufacturing, Heavy | -- | -- | -- | -- | -- | -- | -- | -- | -- | -- | -- | P | -- | -- | -- | -- | |
Manufacturing, Light | -- | -- | -- | -- | -- | -- | -- | C | -- | P | P | P | -- | -- | -- | P | |
Warehouse | -- | -- | -- | -- | -- | -- | -- | -- | -- | P | -- | P | -- | -- | -- | P | |
Wholesale Sales | -- | -- | -- | -- | -- | -- | P | -- | C | C | C | P | -- | -- | -- | -- | |
HEALTH & WELLNESS | |||||||||||||||||
Clinic or Urgent Care | -- | -- | -- | -- | -- | P | P | P | P | P | P | -- | P | -- | -- | P | |
Fitness Facility/Gym | -- | -- | -- | C | P | P | P | P | P | P | P | -- | -- | -- | -- | P | |
Hospital - Full Service with Emergency | -- | -- | -- | -- | -- | C | P | -- | C | P | P | -- | P | -- | -- | -- | |
Massage, Physical Therapy, other Personal Therapeutic Services | -- | C | -- | -- | -- | C | P | P | P | P | P | -- | -- | -- | -- | P | |
Standalone Emergency Facility | -- | -- | -- | -- | -- | -- | P | P | C | P | P | P | P | -- | -- | P | |
PUBLIC | |||||||||||||||||
Agriculture, Community/Urban | P | P | P | P | P | P | P | P | P | P | P | -- | P | P | -- | P | |
Cemeteries | P | -- | C | -- | -- | -- | -- | -- | -- | -- | -- | -- | -- | P | -- | -- | |
Collection and Recycling Facility | -- | -- | -- | -- | -- | -- | -- | -- | -- | C | -- | P | -- | -- | -- | C | |
Government Administration | P | P | P | P | P | P | P | P | P | P | P | P | P | P | P | P | |
Park | P | P | P | P | P | P | P | P | P | P | P | P | P | P | -- | P | |
Public Parking Garage | -- | -- | -- | -- | -- | P | P | P | P | P | P | P | -- | -- | -- | P | |
Public Parking Lot | C | -- | -- | -- | -- | P | C | P | P | P | P | P | C | C | -- | P | 10-3-27 |
Public Safety Facility | C | -- | -- | -- | -- | C | P | P | P | P | P | P | C | C | -- | P | |
Public Utility Building | -- | -- | -- | -- | -- | -- | P | P | P | P | P | P | C | C | -- | P | |
Utility Generation Facility | C | -- | -- | -- | -- | -- | C | -- | -- | P | C | P | C | C | -- | P | |
CONGREGATE | |||||||||||||||||
Art Center | -- | P | P | P | -- | P | P | P | P | P | P | -- | P | -- | -- | -- | |
Community Center | -- | P | P | P | P | P | P | P | P | P | P | -- | P | -- | -- | -- | |
Event Center | -- | -- | -- | -- | -- | P | P | C | P | P | P | -- | P | -- | -- | -- | |
Library | -- | P | P | P | P | P | P | P | P | P | P | -- | P | -- | -- | -- | |
Private Club | -- | -- | -- | C | C | P | P | C | P | P | P | -- | -- | -- | -- | -- | |
Religious Assembly | C | C | C | C | P | P | P | C | P | P | P | C | P | -- | -- | -- | |
Theater | -- | -- | -- | C | C | C | P | C | P | P | P | -- | C | – | -- | -- | |
RECREATION | |||||||||||||||||
Commercial Recreation - Indoor | -- | -- | -- | -- | -- | -- | P | C | -- | P | P | P | -- | P | -- | -- | |
Commercial Recreation - Outdoor | P | -- | -- | -- | -- | -- | P | C | -- | -- | P | P | -- | P | -- | -- | |
Community Park | P | P | P | P | P | P | P | P | P | P | P | P | P | P | P | ||
Small-scale Commercial Recreation - Indoor | -- | -- | -- | -- | C | C | P | C | P | P | P | P | -- | -- | -- | -- | |
Recreation and Travel Trail Parks | -- | -- | -- | -- | -- | -- | C | C | -- | C | C | C | -- | -- | -- | P | 10-3-33 |
EDUCATION & CHILDCARE | |||||||||||||||||
Child Care Center | -- | -- | -- | C | P | P | P | P | C | P | C | -- | P | -- | -- | -- | |
Family Child Care | P | P | P | P | P | P | P | P | P | P | C | -- | P | -- | -- | C | |
Group Child Care | -- | P | P | P | P | P | P | P | P | P | C | -- | P | -- | -- | C | |
School - Primary | -- | C | C | P | P | P | P | C | -- | P | C | -- | P | -- | -- | -- | |
School - Secondary | -- | C | C | P | P | P | P | C | -- | P | C | -- | P | -- | -- | -- | |
School - Post-Secondary | -- | -- | -- | -- | -- | C | P | -- | P | P | P | C | P | -- | -- | P | |
ACCESSORY | |||||||||||||||||
Accessory Dwelling Unit (ADU) | P | P | P | P | P | P | P | P | P | P | P | P | P | -- | -- | -- | 10-3-39 |
Beekeeping & Apiaries | P | P | P | P | P | -- | -- | -- | -- | -- | P | -- | P | -- | -- | -- | 10-3-40 |
Home-based Business | P | P | P | P | P | P | P | P | P | P | P | -- | - | -- | -- | -- | 10-3-42 |
Keeping of Chickens | P | P | P | P | P | P | -- | P | -- | -- | P | -- | P | -- | -- | -- | 10-3-45 |
Outdoor Storage (screened) | -- | -- | -- | -- | -- | -- | P | P | -- | P | P | P | -- | -- | -- | -- | 10-3-48 |
Private Garage | P | P | P | P | P | P | P | P | C | P | P | P | -- | -- | -- | P | |
Small Farm Animal Keeping | P | -- | C | -- | -- | -- | -- | -- | -- | -- | -- | -- | -- | P | -- | P | 10-3-49 |
Solar Facility | -- | -- | C | -- | -- | -- | C | C | C | -- | P | P | -- | C | -- | C | 10-3-61 |
Swimming Pool | P | P | P | P | P | P | P | P | P | P | P | -- | P | P | -- | -- | 10-3-52 |
Walk-up / Bike-up Window | -- | -- | -- | C | C | C | P | P | P | P | P | -- | P | P | -- | -- | 10-3-53 |
TEMPORARY | |||||||||||||||||
Camping or Recreational Vehicles | T | T | T | T | T | T | -- | -- | -- | -- | -- | -- | -- | -- | -- | -- | 10-3-55 |
Construction Trailer | T | T | T | T | T | T | T | T | T | T | T | T | T | T | T | T | |
Farmer’s Market | T | T | T | T | T | T | T | T | T | T | T | T | T | T | -- | -- | |
OTHER | |||||||||||||||||
Essential Communications / Telecommunications Facility | C | C | C | C | C | C | C | C | C | C | C | P | C | C | -- | C | 10-3-60 |
Small Cell Facilities | C | C | C | C | C | C | C | C | C | C | C | C | C | C | -- | C | |
P = Permitted C = Conditional -- = Not Permitted P2 = Permitted on the second floor or above C2 = Conditional on the second floor or above
(Ord. 2023-7, 7-17-2023; amd. Ord. 2023-9, 12-18-2023; Ord. 2025-12, 1-20-2026)
10-3-5: APPLICATIONS AND PERMITS:
All applications, permits, and approvals shall be obtained, and all applicable permit fees and impact fees, as per the City of Belgrade impact fee ordinance, shall be paid prior to construction or occupancy. Each Subsections specifies the application, permit, and necessary approval required. (Ord. 2023-7, 7-17-2023)
10-3-8: MODULAR HOME:
The meter base for incoming wiring must be attached to the exterior wall of the modular home. The units shall be listed and assessed by the county assessor as real or personal property. (Ord. 2023-7, 7-17-2023)
10-3-10: TOWNHOUSE STANDARDS:
A. Development Criteria:
1. Lot Area: The minimum width of any townhouse lot is twenty feet (20'). The remaining lot area normally required in the zoning district per dwelling unit shall be incorporated into usable and accessible open space and/or private or common vehicular access or parking area for the townhouse project site.
2. Dwelling Unit Access: Each townhouse unit shall have its own dedicated entrance and shall otherwise provide sufficient egress per the international fire code.
3. Parking and Access:
a. Parking Spaces: For townhouses with more than two (2) bedrooms, there shall be a minimum of one (1) parking space per bedroom required.
b. Location: Parking spaces may be provided on the lot of the townhouse or in a commonly owned and maintained off- street parking bay or facility; provided that such a parking facility is easily accessible and of a reasonable distance from the townhouse unit it is serving (maximum of 100 feet).
(1) Required parking spaces shall not be in any front or side yard except in a driveway.
(2) Access drives to parking areas shall be allowed in front and side yards but shall not exceed thirty feet (30') in width at driveway throat (34' at the outside of the driveway throat) except shared driveways may be a maximum of forty feet (40') in width at the driveway throat (44' at the outside of the driveway throat) if there is at least (20') to the next driveway throat.
(3) Construction: All permanent off-street parking spaces and access areas thereto shall be paved. Temporary exemptions for access approaches from the property line to the street surface may be granted based on public street paving schedules established by the city. Individual unit parking spaces and/or townhouse site parking bay facilities shall be designed and constructed according to stipulations set forth in Article 4 of this title.
c. Minimum Distance Between Driveway Throats:
(1) Driveway Throats thirty feet (30') wide or less:
(A) A minimum distance of ten (10) feet shall be maintained between all driveway throats that are thirty feet (30') wide or less.
(B) For Master Planned Community (MP) District: A minimum distance of four (4) feet shall be maintained between all driveway throats that are thirty feet (30') wide of less.
(2) Driveway Throats more than thirty feet (30') wide:
(B) A minimum distance of twenty (20) feet shall be maintained between all driveway throats that are more than thirty feet (30') wide.
(3) Not more than one driveway throat shall be permitted per two (2) townhouses.
(4) On corner lots, placement of driveway throats shall be at a minimum of ten feet (10') from the property line at controlled intersections (either signed or signal-lighted) and twenty feet (20') from the property line at uncontrolled intersections.
(5) Unsafe Or Hazardous Driveway Throat Prohibited: In no case shall any driveway throat be permitted which, in the opinions of the city engineer and city planner, may cause an unsafe or hazardous driving condition.
4. Utilities And Services:
a. Curb Stop And Valve: Water service shall have a curb stop and valve for each townhouse unit.
b. Easements: Necessary easements shall be indicated and recorded on the townhouse plat and be of a width that is satisfactory to the city engineer.
5. Design Of Utility Services:
a. All utilities shall independent, separate utility connections on each respective townhouse lot.
b. All utility services shall be designed for subdivisions that are platted for townhouse development at the time of plat submittal.
c. The city engineer and/or public works director shall review said utility plans with any necessary recommendations.
6. Additional Standards:
a. Conversion: Conversion of existing structures to a townhouse project shall be avoided, except if all townhouse development standards, as outlined in this chapter, and the International Residential Code can be satisfied. If said requirements cannot be met, the conversion will be prohibited.
b. Building Permit: A legal subdivision plat shall be placed on the public records of Gallatin County prior to the issuance of any building permit within a townhouse development.
B. A site plan must be prepared and submitted as specified in 10-6-18. The site plan must be processed concurrently with the conditional use application.
C. Type Of Permit Required:
1. An applicant for a Townhouse must verify to the Community Development Department that it will meet the standards above and the currently adopted International Residential Code. (Ord. 2023-7, 7-17-2023; amd. Ord. 2023-9, 12-18-2023; amd. Ord. 2025-11, 11-3-2025; Ord. 2025-12, 1-20-2026)
10-3-14: ADULT-ORIENTED BUSINESSES:
A. Applications And Permits Required:
1. A Conditional Use Permit is required as specified in 10-6-12.
2. An adult-oriented business license issued by the city is required as specified in Title 2 of the City of Belgrade Codes of Ordinances.
B. Supplemental Regulations:
1. Prohibited Locations: Adult- oriented businesses that meet the required criteria to operate may be conditionally permitted in the Industrial (I) district;
a. Provided that the adult-oriented business may not be operated within three hundred feet (300') of the following:
(1) Church, synagogue, mosque, temple, or building which is used primarily for religious worship and related religious activities;
(2) Public or private educational facilities including, but not limited to, childcare facilities, nursery schools, preschools, kindergartens, elementary schools, private schools, intermediate schools, junior high schools, middle schools, high schools, vocational schools, secondary schools, special education schools, junior colleges, and universities; school includes the school ground, but does not include the facilities used primarily for another purpose and only incidentally as a school;
(3) Public park or recreational area which has been designated for park or recreational activities, including, but not limited to, a park, playground, nature trails, swimming pool, reservoir, athletic field, basketball or tennis courts, skating rink, pedestrian/ bicycle paths, wilderness areas or another similar public land within the city which is under the control, operation or management of the city park and recreation authorities;
(4) Residentially zoned lot and devoted to residential use; or
b. Provided that the adult-oriented business is not within eight hundred feet (800') of another adult-oriented business.
c. An adult-oriented business may not be operated in the same building, structure, or portion thereof, containing another adult-oriented business.
2. Exterior Portions of Businesses:
a. Visibility From Outside: It shall be unlawful for an owner or operator of an adult-oriented business to allow the merchandise or activities of the establishment to be visible from a point outside the establishment.
b. Prohibited: It shall be unlawful for the owner or operator of an adult-oriented business to allow the exterior portion of the adult-oriented business to have flashing lights or any words, lettering, photographs, silhouettes, drawings or pictorial representations of any manner, except to the extent permitted by the provisions of this chapter.
c. Unpainted Exterior: Nothing in this chapter shall be construed to require the painting of an otherwise unpainted exterior portion of an adult-oriented business.
d. Violation: A violation of any provision of this section shall constitute a misdemeanor.
3. Signage:
a. Signs advertising any sexually oriented adult entertainment establishment must conform with the requirements of Chapter 5 of this ordinance with the exception, however, that signs shall not depict specified sexual activities and/or specified anatomical areas as defined in Chapter 8 of the municipal code, and provided further that no flashing or traveling lights may be located outside the building. The location and wording of such sign must be shown on the site plan.
4. Sale, Use, Or Consumption Of Alcoholic Beverages:
a. Prohibited: The sale, use, consumption, or possession of alcoholic beverages on the premises of an adult-oriented business is prohibited.
b. Violation: Any violation of this section shall constitute a misdemeanor.
5. Injunction:
a. A person who operates or causes to be operated an adult oriented business without a valid operator’s license, or in violation of relevant sections of this chapter, is subject to a suit for injunction as well as prosecution for criminal violations. Each day that an adult oriented business so operates is a separate offense or violation.
6. Judicial Review:
a. Within thirty (30) days of a denial of an initial or renewal application by the city, or suspension or revocation of a license by the city, the applicant or licensee may seek prompt judicial review of such action in the district court of the eighteenth judicial district court, in and for the county of Gallatin, state of Montana.
C. Conditional Use Required:
1. Permit And License Required: An adult-oriented business may be operated as a conditional use in the Innovation District (ID) districts subject to the provisions of this chapter and any other local, state, and federal laws, rules, and regulations. It shall be unlawful for any person to operate an adult- oriented business without first obtaining a conditional use permit as specified in 10-6-12. of this title and an adult-oriented business operator’s license (“operator’s license”) issued by the city as hereinafter provided.
2. Conditions: Such conditional use permit is subject to the following:
a. Obtainment of a valid adult-oriented business operator’s license issued by the city;
b. Any person who operates an adult-oriented business and has employees who work and/or perform services on the premises of the adult-oriented business must, at all times, keep a current list of all employees that will be provided to the city as described herein; and
c. Any person employed with an adult-oriented business must ensure their presence on a list of all employees to be provided to the city as described herein.
3. Defense: It shall be a defense to subsections 2b and 2c of this section if the employment is of limited duration and for the sole purpose of repair and/ or maintenance of machinery, equipment, or the premises.
4. Violations: Violations of any provisions within this section shall constitute a misdemeanor. (Ord. 2023-7, 7-17-2023)
10-3-15: CASINOS:
A. Applications And Permits Required:
1. A Conditional Use Permit is required as specified in 10-6-12.
2. A Land Use Application is required as specified in 10-6-15.
3. A City license issued by the city is required in accordance with Chapter 2 Business And License Regulations.
4. A State License is required.
B. Location:
1. Casinos shall not be located within six hundred feet (600') from the primary entrance, in any direction, of lots used for schools or churches as provided by state law.
2. Casinos shall not be located within three hundred feet (300') from the primary entrance, in any direction, of a lot zoned for residential uses.
3. Casinos shall not be located within six hundred feet (600') from the primary entrance, in any direction, of a public park. (Ord. 2023-7, 7-17-2023; amd. Ord. 2023-9, 12-18-2023)
10-3-16: COMMERCIAL KENNEL:
A. Applications And Permits Required:
1. A Conditional Use Permit is required as specified in 10-6-12.
2. A Land Use Application is required as specified in 10-6-15.
3. A City license issued by the city is required as specified in Title 2 Business and License Regulations of the City of Belgrade Codes of Ordinances.
4. It is unlawful to own, keep, harbor, or maintain more than (2) dogs over six (6) months of age on one lot or tract of land within the city without a kennel license. (Ord. 2023-7, 7-17-2023)
10-3-17: OVERNIGHT LODGING:
A. No overnight lodging shall be located in the MU district within the Airport Influence area. (Ord. 2023-7, 7-17-2023)
10-3-18: GARAGE, AUTOMOTIVE/VEHICULAR REPAIR:
Repair activity shall be conducted in enclosed places or screened from public view. (Ord. 2023-7, 7-17-2023)
10-3-20: MARIJUANA BUSINESS:
A. Applications And Permits Required:
1. A Marijuana Business Permit application is required as specified in 10-6-7 and specified in Title 2 of the City of Belgrade Codes of Ordinances.
2. An application for marijuana business must include a site plan, building plans, and such other information deemed necessary by the community development department.
a. The applicant must submit a copy of their state license(s) for the marijuana business.
(1) If the applicant does not yet have a state license, conditional approval that the proposed marijuana business meets all other applicable requirements of the City Code may be issued by the City.
3. Zoning And Land Use permits shall be obtained, and all applicable permit fees and impact fees, as per the City of Belgrade impact fee ordinance, shall be paid prior to construction or occupancy.
B. Business Permit Required:
1. General Applicability:
a. A marijuana business may not cultivate, grow, manufacture, test, transport, dispense or otherwise produce, handle, or sell marijuana or marijuana products without a state license and a final marijuana business permit approved and issued by the city.
b. The applicant shall provide proof of insurance for the marijuana business.
c. A marijuana business permit shall be valid for one specified location only.
d. A marijuana business permit shall only be valid for the type or types of marijuana business activities stated in the permit.
e. A marijuana business permit may not be transferred.
f. A marijuana business permit must be renewed annually.
2. Conditions of Permit:
a. As a condition of receiving a marijuana business permit, any authorized city employee, including but not limited to police, fire inspectors, building inspectors, city engineers, planning officials, zoning officials, and other employees or officials designated by the City Manager, may without notice during normal business hours inspect any premises under permit pursuant to this code to determine compliance with this code, the Montana Marijuana Regulation and Taxation Act, MCA 16-12-101 et seq., and any other state or local law, rule, or regulation. All persons authorized herein to inspect permit holders and marijuana businesses shall have the authority to enter, without a search warrant, during normal business hours, premises that require a marijuana business permit, premises holding a marijuana business permit, and premises for which the marijuana business permit has been suspended or revoked.
b. The city may deny, suspend, or revoke a marijuana business permit if the city has reasonable cause to believe the permit holder has, or the issuance of the marijuana business permit would violate a provision of this code or state law. The City Manager may suspend or revoke a marijuana business permit if a permit holder’s state license(s) have been suspended or revoked. A marijuana business permit shall remain suspended until a final adjudication on the state license, any penalty imposed by the state has been satisfied, and the state license has been reinstated. While a marijuana business permit or a marijuana state license is suspended or revoked, marijuana business is prohibited from engaging in marijuana business activities within the City of Belgrade’s Zoning Jurisdiction. The operation of a marijuana business without a valid marijuana business permit issued by the city is unlawful. Any person operating a such marijuana business is subject to penalty as provided in Title 1, Chapter 4, City Code of Belgrade, and Title 45, MCA.
c. An applicant or permit holder may appeal any decision of the city to deny, suspend, or revoke a marijuana business permit to the 18th Judicial District Court. An appeal must be made by filing a complaint setting forth the grounds form relief, and the nature of the relief demanded with the district court within 30 days following the notice of the city’s action.
C. General Regulations:
1. State Code Compliance:
a. Compliance with 50-40-104 Mont. Code. Ann. (Montana Indoor Clean Air Act) is required.
b. All signage associated with a marijuana business shall meet the standards of Chapter 5 of this Title and the Montana Marijuana Regulation and Taxation Act, MCA 16-12-101 et seq. In addition, no signage shall use the word “marijuana”, “cannabis”, or any other word or phrase commonly understood to refer to marijuana.
c. Words, phrases and expressions, not otherwise defined herein are subject to the definitions set forth in Section 16-12-102, MCA.
2. Activities Prohibited On Site:
a. Persons under the age of 21 shall be prohibited from entering a marijuana business.
b. The sale or consumption of alcohol within or on the premises of a marijuana business is prohibited.
c. Consumption of marijuana within or on the property of a marijuana business is prohibited.
d. Cultivation of marijuana is only permitted in marijuana production facilities that are in physically separate detached buildings.
3. Building Requirements:
a. All marijuana products shall be in a locked cabinet except when being accessed for distribution.
b. All marijuana business activities including dispensing, storage, testing, production and cultivation shall be conducted in a building equipped with a ventilation system that filters out the odors of the marijuana, so it is not detectable from the exterior of the facility or from any adjoining premises. All venting, filter, and lighting systems must comply with applicable city and state building, fire, mechanical, and electrical codes.
c. A marijuana business must comply with all state and local building, fire, electrical, food safety, and mechanical codes, rules, and regulations.
d. All marijuana businesses shall be equipped with a secure safe for storing marijuana not being actively cultivated when the facility is not open.
e. A marijuana business shall provide adequate security on premises. The minimum-security requirements include the following:
(1) Security surveillance cameras are installed to monitor the main entrance along the interior and exterior of the premises to discourage crime and facilitate the reporting of criminal acts and nuisance activities. The security video shall be preserved for at least 72 hours.
(2) Robbery and burglar alarm systems monitored by a proprietary supervising station.
f. Product Visibility:
(1) Marijuana and marijuana products, accessories, and associated paraphernalia shall not be visible from a public sidewalk, street, or right-of-way.
D. Distance Measurement: For the purposes of this section, specified distances will be measured in a straight line, without regard to intervening structures from the property line of a public or quasipublic building (including schools), church, synagogue, or other places of worship, park, or residence, to the property line of the marijuana business.
E. Prohibited Locations:
1. Marijuana businesses shall not be located within 500 feet of the following:
a. Lots used for public or quasipublic buildings or churches as defined by Chapter 8 of this Title; or
b. Any residence, in any direction, located in R, N, RS, MR, and CL districts; or
c. In any direction, of Lewis and Clark Park.
Exception: Marijuana businesses within 500 feet of properties listed in Section a., b., and c above may be located on Main Street between Weaver Street and Kennedy Street. No marijuana business located on Main Street between Weaver Street and Kennedy Street shall be located within 500 feet of an existing marijuana business.
2. No marijuana business shall be allowed in the following locations:
a. Within a residential zoning district.
b. Educational and Institutional (EI) district.
c. A building containing residential units at the time of establishment of the business.
d. A building that contains a hotel, motel, or any room for overnight lodging at the time of establishment of the business.
F. Applicability To Existing Operations:
1. Marijuana businesses operating within the City of Belgrade’s Zoning Jurisdiction in existence prior to the effective date of this Article, whether or not currently in possession of a marijuana business permit, shall comply with the provisions of this Article within six (6) months of the effective date of this Article. Marijuana businesses operating outside of the City of Belgrade’s Zoning Jurisdiction prior to the effective date of this Article, or in an area that does not have underlying zoning prior to the effective date of this Article, shall comply with the provisions of this Article within (6) months of adoption of zoning by the city in such areas.
G. Nothing in this section shall be construed to create a private right of action regarding the acquisition, possession, cultivation, manufacture, delivery, transfer, transport, sale or dispensing of marijuana. (Ord. 2023-7, 7-17-2023; amd. Ord. 2024-1, 2-20-2024)
10-3-27: PARKING GARAGE:
A. No parking garage, private or public shall be located on the northeast side of Main Street/Frontage Road in the Downtown District. (Ord. 2023-7, 7-17-2023)
10-3-33: RECREATIONAL VEHICLES AND TRAVEL TRAILER PARKS:
A. Applications And Permits Required:
1. A Conditional Use Permit is required as specified in 10-6-12.
2. A Land Use Application is required as specified in 10-6-15.
3. A Building Permit is required in accordance as specified in 10-6-14 and Title 8 Building Regulations of the City of Belgrade codes of ordinances.
4. A Recreational Vehicles And Travel Trailer Parks license issued by the city is required as specified in Title 2 Business and License Regulations of the City of Belgrade codes of ordinances.
a. It shall be unlawful for any person to construct, alter, or extend any recreational vehicle and travel trailer park unless he holds necessary valid permits issued by the division of environmental sanitation, state department of health and environmental sciences, and the city building inspector.
B. Permitted Uses:
1. Accessory uses related to park management and occupant need and enjoyment and according to the following schedule: management headquarters, recreational facilities, gift and souvenir shops, and other uses and structures customarily incidental to the operation of recreational vehicle and travel trailer parks.
2. Limitations On Other Uses:
a. Other uses may be allowed when approved by the city council and in conformity with the following limitations:
b. Such other uses, including parking areas for such other uses, occupy not more than ten percent (10%) of the total park area.
c. Such uses shall be restricted in use to occupants of the park or so located that the use will not interfere with the park use.
d. The use is permitted use of the district in which the park is to be located.
3. Temporary Uses: Recreational vehicle and travel trailer parks may be used for recreational vehicles, travel trailers, equivalent facilities in or on automotive vehicles, tents, or other short-term recreational shelter arrangements on a temporary basis only.
4. No intensive recreational use shall be permitted within one hundred feet (100') of any external boundary which adjoins or is separated only by a boundary street from land in any residence, estate, or agricultural zone; provided, however, that where permanent intervening open space at least one hundred feet (100') in width exists on adjacent property, this restriction will not apply.
C. Design Standards: Any person desiring to enlarge or establish a recreational vehicle and travel trailer park shall meet or exceed the following design standards:
1. Size: Minimum site size for recreational vehicle and travel trailer parks shall be two (2) acres.
2. Access: All recreational vehicles and travel trailer parks shall have access to an arterial or collector street with a right of way width of sixty feet (60') or more which is a through route for tourist traffic.
3. Entrances and exits shall be designed for safe and convenient movement of traffic into and out of the park and to minimize congestion of free-moving traffic on adjacent streets.
4. Setback: All facilities for recreational vehicles, travel trailers, or other temporary shelter apparatus shall be set back at least twenty-five feet (25') from all property lines. The area created by such setback shall be used for landscaping to screen recreational vehicles and travel trailer parks from adjoining properties as directed by the city council.
5. Streets:
a. Interior Streets: Interior streets within the park shall provide safe, convenient circulation without interference or hazard to general park activities.
b. Street Widths: Street widths should be of adequate widths to accommodate any contemplated parking and expected traffic load but, in all cases, shall meet the following minimum requirements:
c. Collector streets with guest parking, thirty-six feet (36') wide, face of curb to face of curb.
d. Collector streets with no parking, twenty-two feet (22') wide, face of curb to face of curb. These collector streets shall be signed with approved no parking signs.
e. Minor streets with no parking, twenty feet (20') wide, face of curb to face of curb. These minor streets shall be signed with approved no parking signs.
f. All dead-end streets shall be limited to a maximum length of five hundred feet (500') and shall be provided with a cul-de-sac of at least one hundred feet (100') in diameter.
g. Minimum access width to each manufactured home stand shall be twelve feet (12').
h. Paving: All streets in a recreational vehicle and travel trailer park shall be paved with a surface of bituminous surface mat or asphalt of three inches (3") over a subbase of a three-fourths inch (3/4) crushed gravel six inches (6") deep.
6. Service Areas: Accessory uses and service areas shall be located centrally in the recreational vehicle and travel trailer park. Service areas shall be provided in the following manner:
a. Toilet And Other Plumbing Fixtures: At least one service building containing the necessary toilet and other plumbing fixtures specified shall be provided in the park. Service buildings shall be conveniently located within a radius of approximately three hundred feet (300') of all spaces to be served. Laundry facilities shall be required in addition to the following. If commercial laundry facilities are conveniently located near the recreational vehicle and travel trailer park, the laundry facility requirement may be considered for a waiver by the city council.
b. Storage And Disposal Of Trash: Facilities for storage and disposal of trash and garbage in a sanitary manner shall be provided in each park.
c. Street And Yard Lights: Street and yard lights, attached to light structures approved by the city, shall be provided in sufficient number and intensity to permit the safe movement of vehicles and pedestrians at night and shall be effectively related to buildings, trees, walks, steps and ramps.
d. Parking: Parking for all uses within the recreational vehicle and travel trailer park shall be provided in accordance with chapter 4 of this title.
e. Fire Protection: The water supply system serving the recreational vehicle and travel trailer park shall be subject to the rules and regulations of the local fire prevention authority or the system shall meet the standards for adequate fire protection established by the national fire protections association standard NFPA 501 A, whichever is more stringent. Nonetheless, fire protections systems must be approved by the fire chief.
Table 10-3-33.C
| ||||||
NUMBER OF DEPENDENT PARKING SPACES | Toilets | Urinals | Wash Basins (per gender) | Showers (per gender) | Other Fixtures
| |
Men | Women | Men | ||||
Table 10-3-33.C
| ||||||
NUMBER OF DEPENDENT PARKING SPACES | Toilets | Urinals | Wash Basins (per gender) | Showers (per gender) | Other Fixtures
| |
Men | Women | Men | ||||
1 - 15 | 1 | 1 | 1 | 1 | 1 | At least one janitor sink per service building. A disposal station is to be provided. |
16 - 30 | 1 | 2 | 1 | 2 | 1 | |
31 - 45 | 2 | 3 | 2 | 3 | 2 | |
46 - 60 | 2 | 4 | 2 | 4 | 2 | |
61 - 80 | 3 | 5 | 2 | 4 | 3 | |
81 - 100 | 3 | 5 | 2 | 4 | 3 | |
(Ord. 2023-7, 7-17-2023)
10-3-38: GENERAL APPLICABLE REGULATIONS:
A. Accessory Uses And Structures Allowed:
1. Accessory uses and structures are allowed only in connection with lawfully established principal uses and main buildings.
2. It is located on the same lot as the primary structure or use that it serves.
3. An attached or detached garage is not considered an accessory, and are subject to the lot and building regulations that apply to the principal building.
B. Time Of Construction And Establishment: Accessory uses and structures may be established only after the principal use of the property is in place.
C. Location:
1. Accessory uses must be located on the same lot as the principal use to which they are accessory, except that required parking spaces may be located off-site in accordance with the off-site parking provisions of Chapter 4 of this Title.
2. Accessory structures may be located only in rear and side yards and shall comply with the current building code.
D. Accessory Buildings And Structures:
1. At most, two (2) accessory buildings or accessory structures are allowed on the same lot, regardless of size.
2. The following requirements apply if an accessory structure’s ground floor is greater than 200 sq. ft. or when an additional accessory structure will make the cumulative ground floor square footage greater than 200 sq. ft. for all accessory structures located in residential district.
3. Applicable Regulations:
a. Accessory buildings and structures are subject to the same regulations that apply to principal uses and structures on the subject lot, unless otherwise expressly stated.
b. Accessory buildings attached by structures less than 24 inches in height or less (e.g., patios, walks, pergolas, decks without railing) are not considered part of the primary structure and are subject to accessory building and structure regulations.
4. Setback: Accessory structures must be set back at least eight (8) feet from the principal structure (this distance can be reduced as long as it meets fire protection requirements in current adopted building code), at least eight (8) feet from any side lot line, and least ten (10) feet from the rear yard lot line.
5. Maximum Height: The accessory structure shall not be taller than the primary structure or the maximum height permitted for the underlying zoning district, whichever is less.
6. Maximum Area:
a. Residential Districts except Agricultural District;
b. Total cumulative ground floor area of accessory structures shall not exceed 1,000 square feet.
c. Downtown Districts - lots less than .20 acres:
(1) No maximum.
d. Downtown Districts - larger than .20 acres:
(1) 600 square feet.
10-3-39: ACCESSORY DWELLING UNIT:
A. A Building Permit Is Required As Specified In 10-6-14.
1. The ADU must meet all applicable building-related codes enforced by the City of Belgrade and the State of Montana Building Codes Bureau.
B. General Regulations:
1. A maximum of one accessory dwelling unit (ADU) shall be permitted per single-family residential lot.
2. ADU approval shall be subject to the City’s Land Use and Building Permit processes and policies.
3. If an ADU’s entrance is separate from the principal structure entrance, the ADU entrance shall be located off the rear or side yards.
4. An ADU shall meet all size, height, setback, and lot coverage requirements of the zoning district in which it will be located.
5. The ADU’s living space shall be equipped with a kitchen, bathroom facilities, and a maximum of two bedrooms.
6. The property owner shall occupy either the primary dwelling or accessory dwelling unit as their principal residence.
C. District Requirements:
1. Rural Zone and Suburban Residential Zone:
a. An ADU may be attached or detached from the main dwelling unit.
b. An ADU shall be limited to a maximum area of 1,000 sq. ft.
2. Neighborhood Zone:
a. An ADU shall be attached to the main dwelling unit or located above a detached garage of a Single-Family home.
b. An ADU shall be limited to a maximum area of 800 sq. ft.
3. Mixed Use Center Zone, Commercial Corridor Zone, Downtown District, Flex Employment Zone, and Industrial Zone
a. A maximum of one ADU shall be permitted per lot for use by an owner, manager, guard, or caretaker.
b. A Recreational Vehicles (RV)and a camper trailer may only be used as a caretaker’s residence ADU in commercial districts.
(1) RVs used in residential districts are subject to 10-3-7 Camping and RVs.
D. Parking: One paved off-street parking space shall be provided for the exclusive use of the ADU, in addition to parking required for the principal residence or business.
E. Garage Conversions: An ADU may be permitted to be added above an existing garage, if structurally viable.
1. A garage shall not be permitted to be converted to an ADU, unless parking minimums can be met for both units. (Ord. 2023-7, 7-17-2023)
10-3-40: BEEKEEPING AND APIARIES:
A. General Regulations:
1. Enclosures shall be within the rear or side yard, no closer than 10 feet from any lot line.
2. Any lot smaller than two (2) acres shall not exceed two (2) hives or enclosures for beekeeping.
3. Individual hives or enclosures shall not exceed five (5) feet in height and 20 cubic feet in size on any lot. (Ord. 2023-7, 7-17-2023)
10-3-41: FALLOUT SHELTERS:
A. General Regulations:
1. Fallout Shelters to protect human life during periods of danger may be constructed in or under any required yard, except that if constructed in a front yard or side yard, none of it shall protrude above the average grade of the lot.
2. A subterranean fallout shelter must be constructed within the boundaries of the property, and in the process of construction, no excavation or fill may come within three feet of an adjacent property.
10-3-42: HOME-BASED BUSINESSES/HOME OCCUPATIONS:
A. Purpose: The home occupation regulations of this section are intended to allow residents to engage in customary home-based work activities, while also helping to ensure that neighboring residents are not subjected to adverse operational and land use impacts (e.g., excessive noise or traffic or public safety hazards) that are not typical of residential neighborhoods.
B. Applications And Permits Required:
1. A Home Business application is required as specified in 10-6-8.
a. An applicant for a Major Home Occupation must verify to the Planning Department that the Major Home Occupation will meet the standards below.
(1) The City Manager shall approve applications in compliance with the standards below.
(A) The City Manager may impose reasonable conditions of approval, such as hours of operation and number of vehicles per day accessing the business.
(B) The conditions shall serve to prevent negative impacts on nearby residential property in order to maintain the residential character of the neighborhood.
2. Major Home Occupations that do not meet the standards below are subject to a Conditional Use Permit application as specified in 10-6-12.
C. Home Occupations Types: Two Types Of Home Occupations Are Defined And Regulated Under This Section.
1. Minor Home Occupations: Minor home occupations are those in which household residents use their home as a place of work, with no employees, customers or clients coming to the site.
2. Major Home Occupations: Major home occupation are those in which household residents use their home as a place of work and either one non-resident employee or customer comes to the site.
D. Exemptions: The Following Are Not Considered Home Occupations.
1. Group Living.
2. Family Day Care Homes.
3. Bed and Breakfast.
4. Short-Term Rentals.
E. General Regulations:
1. Home occupations shall be considered an accessory use and shall be subject to the requirements of the district in which the use is located. In addition, the following regulations apply to both Minor and Major Home Occupations:
a. Home occupations shall be conducted only within the enclosed dwelling unit or garage area. A maximum of 25 percent of a principal structure or 75 percent of an accessory structure may be dedicated to the home occupation.
2. No accessory building may be built, altered, or used solely for the home occupation.
3. There shall be no exterior alterations that change the character of the dwelling.
4. No storage or display of materials, goods, supplies, or equipment related to the operation of a home occupation shall be visible outside any structure on the premises.
5. No stock in trade shall be displayed or sold at retail on the premises.
6. No use shall create smoke, odor, glare, noise, dust, vibration, fire hazard, electrical interference, excess trash, or any nuisance not normally associated with the usual residential use in the district.
7. A home occupation shall be clearly incidental to the principal residential use of the building.
8. Stock in trade, including that which is provided on the premises, shall not require receipt or delivery of merchandise, goods, and supplies other than by United States Mail, similar parcel delivery service, or by private vehicle similar in size and weight to the U.S. Mail/other parcel delivery service vehicles.
9. No other person other than members of the family occupying the residence may be employed in the home occupation.
F. Supplemental Regulations For Minor Home Occupations: Minor home occupations are subject to all the requirements for a Home Occupation, except as modified by and in addition to the requirements below:
1. Minor Home Occupations shall not have exterior evidence of a home occupation.
G. Supplemental Regulations For Major Home Occupations: Major home occupations are subject to all the requirements for a Home Occupation, except as modified by and in addition to the requirements below:
1. Only one other person other than members of the family occupying the residence may be employed in the home occupation.
2. Signs allowed as specified in Chapter 5 of this Title.
a. A larger building sign or freestanding sign may be approved as part of a Conditional Use approval.
3. Parking shall be restricted to existing parking spaces on the premises and on-street parking spaces adjacent to the premises.
4. The applicant shall state on the application the expected number of vehicles per day accessing the property related to the business.
5. The applicant shall state on the application the hours of operation of the business.
6. Retail sales of goods created or fabricated by the family residing on the premises (other than produce grown on the property) is permitted only as a Major Home Occupation, subject to all other requirements of the Conditional Use Permit. (Ord. 2023-7, 7-17-2023)
10-3-45: KEEPING OF CHICKENS:
A. Applications And Permits Required:
1. A Chicken Keeping Permit is required in accordance with the following:
a. An applicant for Keeping of Chickens must verify to the community development department that the property owner will meet all requirements and standards listed in this Section and in 4-7-1 under Title 4 Police Regulations.
B. General Requirements:
1. Keeping of Chickens shall be permitted as an accessory use on a detached single-household parcel(s) within a residential zoning district.
C. The Minimum Lot Size for a residential parcel containing the accessory use shall be 7,000 square feet.
D. The permitted number of chickens shall be six (6) female domestic chickens (hens) over the age of three months, or six (6) either sex domestic chickens under the age of three months, or any combination thereof not to exceed a total of six (6) chickens per permit holder.
E. Specific Standards For Chickens:
1. No male chickens (roosters) over the age of three months shall be permitted.
2. No chickens shall be allowed to run at large within the corporate limits of the City of Belgrade. All chickens shall be contained within the permittee’ s property boundary.
3. The permittee shall provide the chickens with a covered, predator-proof chicken house that is thoroughly ventilated and of sufficient size to admit free movement of the chickens. The chicken house shall be adjacent to and provide free access to the chicken enclosure. Chicken enclosures may be movable. Any heat source or electrical facilities installed in a chicken house shall comply with all adopted building and electrical codes of the City of Belgrade.
4. Chickens shall be secured within the chicken house from sunset to sunrise.
5. Chicken enclosures and houses shall be kept in a neat and sanitary condition at all times and shall be cleaned on a regular basis so as to prevent offensive odors.
6. Chickens shall have continuous access to adequate food and water.
7. Stored feed shall be kept in a rodent-proof and predator- proof container.
8. Chickens shall be maintained in a healthy condition. Ill chickens shall either receive appropriate medical care or be culled.
9. No chicken house or chicken enclosure shall be located in a front yard. No chicken house shall be located closer than 20 feet to any structure inhabited by someone other than the chicken owner, custodian, or keeper; nor closer than 10 feet to any neighbor’s property line or public alley; nor closer than 20 feet from any property line along a public street or roadway. Chicken houses may be movable but shall comply with all standards of this section.
10. No chicken shall be kept in a manner so as to create noxious odors or noise of a loud, persistent and habitual nature.
11. No chickens shall be slaughtered within the public view. (Ord. 2023-7, 7-17-2023)
10-3-47: SHORT-TERM RENTALS:
A. Applications And Permits Required:
1. A Short-Term Rental Permit is required as specified in 10-6-8.
2. A Short-Term Rental license issued by the city is required in accordance with Title 2 Business and License Regulations of the City of Belgrade codes of ordinances.
3. The Property owner must be registered with the Department of Revenue (DOR).
B. General Regulations:
1. A short-term rental shall be categorized as a residential use in a dwelling unit designed for such use for periods of time less than 30 days.
2. Short-term rentals may alternatively be referred to as vacation rentals, tourist accommodation units, or resort dwelling units.
3. Short-term rentals shall be allowed in residential districts and mixed- use districts within residential units.
4. The use of Recreational vehicles as a short-term rental shall be prohibited. (Ord. 2023-7, 7-17-2023)
10-3-48: OUTDOOR STORAGE FACILITY:
A. The Following Regulations Shall Apply To The Approval And Operation Of Outdoor Storage As An Accessory Use:
1. Outdoor storage shall only be permitted in areas identified on the approved site plan. No such activity shall be located closer than fifty feet (50 ft) to a residential zoning district boundary or road right-of-way abutting any residential zoning district or within ten feet (10 ft) of any road right-of-way. Such activities shall not occupy any required parking area or driveway;
2. Any outdoor storage area located closer than one hundred feet (100 ft) to a residential district shall, if determined to be visible from such district, be screened by an opaque fence at least eight feet (8 ft) high or other means indicated on the approved site plan;
3. Illumination of outdoor storage areas shall be designed to prevent glare or direct light from the illumination source into residential areas;
4. Outdoor displays shall be maintained in a neat and orderly fashion. Waste material shall be contained within a storage area completely surrounded by a gated masonry wall six feet (6 ft) in height or other screening approved by the Board. Such screening shall be set back from residential districts at least six feet (6 ft) and landscaped according to the approved site plan;
5. The site plan submitted with an application for a conditional use permit shall indicate the types of merchandise or materials to be stored, and, if applicable, any seasonal changes of merchandise or materials;
6. Outdoor repair, preparation, cleaning, assembly, disassembly, or other similar activities shall not be permitted unless the nature and location of such activity is specifically identified in the application and approved by the Planning and Zoning Administrator or the Board of Building and Zoning Appeals. (Ord. 2023-7, 7-17-2023)
10-3-49: SMALL FARM ANIMAL KEEPING:
A. General Regulations:
1. The keeping of farm animals except swine on undeveloped and unplatted property within the city limits, is allowed.
2. Two animal units allowed per two and one-half (2 ½) acres. One (1) additional acre of land shall be provided for each animal unit, beyond the two (2) units permitted on the first two and one-half acres. Notwithstanding the acreage available for the domestic livestock uses, no more than eight (8) individual animals shall be permitted, regardless of size, weight, or species.
a. The following numbers are equal to one animal unit:
b. One (1) horse.
c. One (1) cow.
d. Two (2) sheep.
e. Two (2) goats.
f. Eight (8) rabbits.
g. Six (6) larger fowl (ducks, geese, turkeys, etc.).
3. All animals shall be securely enclosed in a roaming or grazing area sufficient to keep them contained, protected from predatory animals and protected from the elements.
4. Perimeter of roaming and grazing areas shall include measures to ensure that soil erosion shall not occur due to animal activity.
5. Setback Requirements:
a. The activity shall not be less than one hundred feet (100') from any structure used for human occupancy and shall be set back not less than 50 feet (50') from any property line.
b. Structures and pens to house small farm animals shall be located in rear yards, as. For a corner lot or other property where no rear yard exists, a side yard may be used as long as the required setbacks are met. In no case shall a structure or pen intended to house animals be placed in the front yard.
6. Structures and Enclosures:
a. Structures and pen or pasture fencing erected for the housing of small farm animals must meet the following requirements:
(1) The structure shall be enclosed on all sides and shall have a roof and doors.
(2) Access doors must be able to be shut and locked at night.
(3) Openings, windows, and vents must be covered with predator- and bird-proof wire of less than one (1) inch openings.
(4) The materials used in making the structure shall be uniform for each element of the structure such that the walls are all made of the same material, the roof has the same shingles or other covering, and any windows or door openings are constructed using the same materials. The use of scrap, waste board, sheet metal, or similar materials is prohibited. The structure shall be well-maintained.
7. Fencing:
a. All structures and pen or pasture fencing shall be of sufficient size to provide safe housing for those animals kept therein and be designed to minimize trauma and maximize comfort and usage, including provision of an adequate number of resting spaces for the number of animals on the property.
8. Odor:
a. Odor from farm animals shall not be perceptible at the property boundaries. The Community Development Director may also require landscaping buffering to provide odor attenuation.
9. Noise from the keeping of small farm animals shall be regulated by chapter 4 of this Title.
10. Waste Storage and Removal shall be managed such that all stored manure and waste material shall be covered by a fully enclosed structure with a roof line or lid over the entire structure.
a. Manure and other waste material shall not be permitted to accumulate on the premises for a period exceeding thirty (14) days.
11. Feed shall be contained and unavailable to rodents, pests, wild birds and predators. Feed application and distribution for farm animals shall not result in excessive feed on the property that can attract rodents. (Ord. 2023-7, 7-17-2023)
10-3-52: SWIMMING POOL:
A. Applications And Permits Required:
1. A Land Use Application is required as specified in 10-6-15.
B. Supplemental Regulations:
1. Location: No public or private swimming pool in any district shall be located in any required front yard; however if not more than six feet (6') in height, such use may be located in any required side yard or rear yard.
2. Fence Or Wall Required: In addition, all swimming pools shall be enclosed in an area with a fence or wall not less than forty-two inches (42") in height and no opening therein, other than doors or gates, larger than four inches (4") in any direction. A structure of any type may be used as part of such an enclosure.
3. Gates or Doors: All gates and doors opening through such enclosure shall be kept equipped with a selfclosing and self-latching device for keeping the gate or door securely always closed when not in actual use, except that the door of any dwelling which forms a part of the enclosure for private residential pools need not be so equipped.
4. Modifications: The building inspector may modify individual cases upon showing good cause concerning the height, nature, or location of the fence, wall, gates, or latches, or the necessity thereof, protected as sought hereunder, is not reduced thereby. (Ord. 2023-7, 7-17-2023)
10-3-53: WALK-UP/BIKE-UP WINDOW:
A. Applications And Permits Required:
1. A Land Use Application is required as specified in 10-6-15.
a. An applicant for a walk-up/bike-up window must verify to the community development director that the project will meet the standards of this Section.
(1) The Community Development Director may impose reasonable conditions of approval, such as hours of operation and buffers.
(2) The conditions shall serve to prevent negative impacts on nearby residential property and avoid spillover of patrons into the public right-of-way or adjacent properties.
b. Walk-up/Bike-Up windows that do not meet the standards below are subject to a Conditional Use Permit application consistent as specified in 10-6-12.
2. A Building Permit is required as specified in 10-6-14.
B. General Regulations:
1. Walk-up/bike-up windows for pickup or point-of-sale transactions shall be considered an accessory use for retail or eating and drinking (in association with food and/or beverage pickup).
2. Walk-up/bike-up window approval shall be subject to the City’s Land Use and Building Permit processes and policies.
3. Walk-up/bike-up windows must not be accessible by persons in vehicles. Any take-out window with vehicular access shall not be considered a walk-up window and shall be regulated as a drive-thru facility as specified in 10-4-4.K.
4. Walk-up/bike-up windows shall not operate between the hours of 11:00 p.m. and 7:00 a.m.
5. Waste receptacles shall be provided and regularly emptied during hours of operation.
6. Walk-up/bike-up windows must be visible from the street and oriented away from the residential zoning district.
C. Location:
1. Walk-up/bike-up windows must be located at least 100 feet from a residential zoning district and at least 10 feet from the public right-of-way.
2. The distance shall be measured by the shortest, most direct bearing distance from the property line of the closest property within the residential zoning district or public right-of-way to the walk-up/bike-up window location.
D. Design:
1. Walk-up/bike-up windows must be constructed with similar materials as the principal structure they are in.
2. Walk-up/bike-up windows must be situated to allow for pedestrian access and queuing outside any vehicle paths and must meet all accessibility requirements.
E. Noise:
1. Walk-up/bike-up windows shall not have a speaker box commonly associated with drive-thru facilities.
2. Within 100 ft. of residential districts, no outdoor speakers shall be allowed.
F. Parking: Additional parking shall not be required for a walk-up/bike-up window. (Ord. 2023-7, 7-17-2023)
10-3-55: CAMPING AND RECREATIONAL VEHICLES:
A. Applications And Permits Required:
1. A Special Use Permit is required as specified in 10-6-17.
B. Parking For Camping Purposes:
1. It shall be unlawful for any person to camp or sleep in a vehicle, motor home, camper trailer, camper or recreational vehicle, whether selfpropelled, towed or hauled, parked on any public or private parking lot, street or alley way, within the city except in a recreational vehicle and travel trailer park or truck stop, unless specifically authorized by the chief of police, city manager, or by resolution of the city council, to accommodate a special event.
2. It shall be unlawful for any person to camp or sleep in a vehicle, motor home, camper trailer, camper or recreational vehicle, whether selfpropelled, towed, or hauled, parked on any private lot within the city, except that the owner or occupant of a single family residential lot may allow one or more persons to camp or sleep in a parked motor home, camper trailer, camper or recreational vehicle located on the said lot on for a period not to exceed one (1) year, provided that the use of the motor home, camper trailer, camper or recreational vehicle is without compensation to the owner or occupant of the lot, and provided that the owner or occupant of the lot obtain a Camping and Recreational Vehicle Permit from the city.
a. No more than one (1) motor home, camper trailer, camper or recreational vehicle shall be allowed on a single-family residential lot at one (1) time.
b. No part of the motor home, camper trailer, camper or recreational vehicle shall be parked on or extend over any public property or right of way, including any street, alley, boulevard, sidewalk or park.
c. The motor home, camper trailer, camper or recreational vehicle shall not be connected to the Belgrade City sewer system, and shall not be allowed to release sewage or gray water upon the ground.
(1) The camping permit holder shall provide the city with proof of proper disposal of sewage and gray water at least once every three (3) months during the permit period.
3. A camping permit may be denied or revoked at any time for good cause as determined by the city council following notice and public hearing.
4. It is not the intent of this ordinance to prevent property owners from parking camper units upon their property for the purpose of storage of the unit.
5. Recreational Vehicles shall not be used for short-term rentals. (Ord. 2023-7, 7-17-2023)
10-3-60: WIRELESS TELECOMMUNICATIONS FACILITIES:
A. Purpose: The regulations of this section are intended to regulate mobile service facilities to the full extent allowed and other applicable laws. These regulations are not intended to regulate or authorize the regulation of mobile service facilities in a manner that is preempted or prohibited or other applicable laws.
B. Applications And Permits Required:
1. A Land Use Application is required as specified in 10-6-15.
C. Application Requirements: With the Land Use application, the applicant shall list the location of every tower, building, or structure within a reasonable proximity that could support the proposed antenna. The applicant must demonstrate that a technically suitable location is not reasonably available on an existing tower, building, or structure within such area. If another tower owned by another person within such area is technically suitable, applicant must show that an offer was made to the owner of such tower to co-locate an antenna on a tower owned by the applicant or reciprocal terms within the City, and the offer was not accepted. If such co-location offer has not been attempted by the applicant, then such other tower is presumed to be reasonably available. Community Development Director shall determine specific application requirements from time to time. Any decision to deny a request to place, construct or modify a wireless telecommunication facility and/or tower shall be in writing and supported by evidence contained in a written record.
D. The following regulations apply to all wireless telecommunication facilities, except for small cell facilities, located outside of the public right-of-way. Facilities located in the public rightof-way must be consistent with the standards and requirements contained herein related thereto. Small cell facilities must be consistent with the standards and requirements contained in this section.
E. Construction Standards: All wireless telecommunication facilities and support structures shall be certified by an engineer licensed in the State of Montana to be structurally sound and, at a minimum, in conformance with all applicable building codes.
F. Natural Resource Protection Standards: The location of the wireless communication facility shall comply with all-natural resource protection standards established either in this Code or in other applicable regulations, including those for flood plain, wetlands, ground water protection, and steep slopes.
G. Color And Appearance Standards: All wireless telecommunication facilities shall be painted a non-contrasting gray or similar color minimizing its visibility, unless otherwise required by the Federal Communication Commission, Federal Aviation Administration, and/or by historical or architectural standards imposed under this Code. All appurtenances shall be aesthetically and architecturally compatible with the surrounding environment by the means of camouflage deemed acceptable by the City.
H. Advertising Prohibited: No advertising is permitted anywhere upon or attached to the wireless telecommunication facility.
I. Artificial Lighting Restricted: No wireless communication facility shall be artificially lit except as required by the Federal Aviation Administration.
J. Co-Location: All wireless telecommunication facilities shall be subject to the co-location requirements set forth in this Code.
K. Abandonment: All wireless telecommunication facilities shall be subject to the abandonment requirements set forth in this Code.
L. Security Enclosure Required: All towers and equipment shelters shall be enclosed either completely or individually. The City and co-locators shall have reasonable access. No fence shall be required on top of a building or other structure if access to the roof or top of the structure or building is secure.
M. Existing Vegetation And Buffer Plantings: Existing vegetation (trees, shrubs, etc.) shall be preserved to the maximum extent possible. Buffer plantings shall be located around the perimeter of the security enclosure as deemed appropriate by the Board. An evergreen screen may be required around the perimeter of the property in lieu of such buffer plantings.
N. Access Control And Emergency Contact: “No Trespassing” signs shall be posted around the wireless telecommunications facility, along with a telephone number of who to contact in the event of an emergency. Contact information must be kept current.
O. Jurisdictional Study Of Potential Public Sites: In order to encourage the location of a wireless telecommunication facility on publicly owned property, the City shall undertake an identification of publicly owned properties that the City determines are suitable for such use. The City shall regularly update such identification and make the results of such available to the public.
P. Exemption Of Proof Of Colocation Availability: Persons locating a wireless telecommunication facility upon a publicly owned property identified in the study mentioned above shall be exempted from the requirements herein regarding presentation of proof that co-location is not available. However, persons locating a wireless telecommunication facility on publicly owned property shall continue to be subject to the requirements (co-location design required) below.
Q. Co-Location Design Required: No new tower shall be constructed in the City unless such tower is capable of accommodating at least one additional wireless telecommunication facility owned by another person.
R. Technically Suitable Space: Authorization for a tower shall be issued only if there is not technically suitable space reasonably available on an existing tower or structure within the geographic area to be served.
S. Cessation Of Use:
1. All providers utilizing towers shall present a report to the City notifying it of any tower facility located in the City whose use will be discontinued and the date the use will cease. Such report shall be filed with the City thirty days prior to the cessation date. If at any time the use of the facility is discontinued for one hundred and eighty days, the Community Development Director (or their designee) may declare the facility abandoned. The 180-day period exclude any dormancy period between construction and the initial use of the facility. The owner/operator of the facility and of the property will receive written notice from the City Manager (or their designee) and be instructed to either reactivate use of the facility within 180 days or dismantle and remove the facility. If reactivation or dismantling does not occur, the City will either remove the facility or will contract to have the facility removed and assess the costs to the private property owner.
2. The City must provide the wireless telecommunication facility owner and the private property owner 30-day notice.
3. After such notice has been provided, the City shall have the authority to initiate proceedings to either acquire the tower and any appurtenances attached thereto at the current fair market value at that time, or in the alternative, order the demolition of the tower and all appurtenances.
4. The City shall provide the wireless telecommunication facility owner and the private property owner with the right to a public hearing before the Zoning Hearing Board. All interested parties shall be allowed an opportunity to be heard at the public hearing.
5. After a public hearing is held the City may order the abatement or demolition of the tower. The City may require the private property owner to pay for all expenses necessary to acquire or demolish the tower. (Ord. 2023-7, 7-17-2023)
10-3-61: SMALL CELL FACILITIES:
A. Intent: These Standards Are Intended To:
1. Establish a clear, defined aesthetic standard for small cell antenna facility development throughout the city;
2. Establish a menu of design options;
3. Minimize unnecessary quantities of new poles by encouraging colocation of small cell facilities;
B. applicability:
1. These standards apply to all small cell antenna facilities for placement on City-owned and non-City-owned poles in the public right-of-way.
C. Applications And Permits Required:
1. A Land Use Permit is required as specified in 10-6-15.
D. Application Requirements:
1. Drawings: The applicant must submit fully dimensioned site plans, elevation drawings and structural calculations prepared, sealed, stamped and signed by a Professional Engineer licensed and registered by the State of Montana.
2. Drawings: must depict any existing wireless facilities, with all existing transmission equipment identified; other improvements; the proposed facility with all proposed transmission equipment and other improvements; and the boundaries of the area surrounding the proposed facility and any associated access or utility easements and setbacks.
3. Photo Simulations: For all applications, photo simulations from at least three reasonable line-of- sight locations near the proposed project site are required as an appendix to the application. The photo simulations must be taken from the viewpoints of the greatest pedestrian or vehicular traffic. The angle between the viewpoints of the photo simulations must be at least 90 degrees or greater and provide a full profile depiction.
4. Equipment Specifications: For all equipment depicted on the plans, the applicant must include:
a. The manufacturer’s name and model number;
b. Physical dimensions including, without limitation, height, width, depth, volume and weight with mounts and other necessary hardware; and
c. Technical rendering of all external components, including enclosures and all attachment hardware.
5. Standards for All Small Cell Antenna Facilities:
a. Location:
(1) Small cell antenna facilities may be attached to existing utility and/or light poles.
(2) Small cell antenna facilities may be installed as integrated components of new poles.
(3) A new pole is only permitted to be installed on the public right-of-way if more than 100 feet from any existing utility and/or light pole or as a replacement of an existing utility and/or light pole.
(4) The City desires and encourages co-locations between limited numbers of multiple separate wireless service providers on the same support structure whenever feasible. If the applicant chooses to not colocate when options appear available, demonstrative proof must be provided as to why co-location is not feasible.
b. Obstructions: Any new small cell antenna facility and other improvements associated with a new facility must not obstruct:
(1) Access to any aboveground or underground infrastructure for traffic control, streetlight or public transportation, including, without limitation, any curb control sign, parking meter, vehicular traffic sign or signal, pedestrian traffic sign or signal, or barricade reflectors;
(2) Access to any public transportation vehicles, shelters, street furniture or other improvements at any public transportation stop, including, without limitation, bus stops, streetcar stops, and bike share stations;
(3) Access to above-ground or underground infrastructure owned or operated by any public or private utility agency;
(4) Access to any fire hydrant;
(5) The flow of pedestrian traffic in regards to appropriate sidewalk spacing and applicable regulations of the Americans with Disabilities Act;
(6) Access to any doors, gates, sidewalk doors, passage doors, stoops or other ingress and egress points to any building appurtenant to the right-of-way; and/or
(7) Access to any fire escape.
c. Antenna: The antenna must be top-mounted and concealed within a radome that also conceals the cable connections, antenna mount, and other hardware. GPS antennas must be placed within the radome or directly above the radome not to exceed six inches. The radome or side-mounted antenna and GPS antenna must be non-reflective and painted or otherwise colored to match the existing pole.
d. Concealment: Applicants must conceal elements into the proposed design. Concealment will include approved camouflage or shrouding techniques.
e. Utility Lines: New service lines must be routed underground whenever possible to avoid additional overhead lines. For metal poles, undergrounded cables and wires must transition directly into the pole base without any external junction box.
f. Lights: Unless otherwise required for compliance with FAA or FCC regulations, the facility shall not include any permanently installed lights. Any lights associated with the electronic equipment shall be appropriately shielded from public view. This subsection is not meant to prohibit installations on poles also mounted by streetlights or installations of luminaires or additional street lighting on new poles when required by the City.
g. Generally Applicable Health and Safety Regulations: All facilities shall be designed, constructed, operated, and maintained in compliance with all generally applicable health and safety standards, regulations, and laws, including without limitation all applicable regulations for human exposure to electromagnetic emissions.
6. Standards for Small Cell Antennas Mounted on Existing Poles:
a. All equipment, other than the antenna(s), electric meter and disconnect switch, must be concealed within an equipment shroud not exceed 24 inches in diameter by 60 inches in height.
b. The equipment shroud must be installed no lower than 15 feet above ground level. The equipment shroud must be non-reflective and painted, wrapped, or otherwise colored to match the existing pole.
c. If mounted on the crown of an existing pole, new equipment may not cause an increase in the height of the existing pole of more than 5 feet.
d. It is preferred that equipment shrouds be mounted flush to the pole, subject to the pole owner’s approval. Standoff mounts are permitted for the equipment shroud but may not exceed 6 inches and must include metal flaps or wings to conceal the space between the shroud and the pole.
e. Cabling traversing the pole shall be covered using minimum 2 inches in diameter U-guard of steel or aluminum construction. Cabling entering and exiting the radio shroud must be adjacent to the pole.
7. Standards for Small Cell Antennas Mounted Within New and Replacement Poles:
a. Height:
(1) New and/or replacement poles may have groundmounted cabinets for small cell antenna equipment.
(2) New and/or replacement poles may have elevated equipment areas.
(3) New and/or replacement poles shall not exceed 115% of the height of the existing pole to be replaced, 100% of the height of adjacent existing poles, or 39 feet, whichever is least.
(4) Diameter: New and replacement poles may not exceed 24 inches in diameter.
(5) Poles:
(A) The provider shall purchase the new or replacement pole and shall be responsible for the maintenance of the pole during the period of occupancy by the service provider; ownership of the pole will be vested with the City.
(B) New and replacement poles must match adjacent poles in style and form (round, octagonal, fluted, tapered, etc).
(C) New and replacement poles must be constructed of aluminum or steel.
(D) New and replacement poles should be black in color, using Gloss Black #17038 per Federal Color Standard 595, unless another color and/or texture better imitates the existing pole.
(e) New and replacement poles must include blank connections (handholds and J-hooks) for City permitted uses, such as cameras, food truck connections, wi-fi, and wayfinding signage or banners. Smart poles are considered to be a suitable replacement for both ornamental and wood poles.
(5) Street Lighting:
(A) Where an existing pole includes a street lighting luminaire, the replacement pole must include a street lighting luminaire that matches the style of adjacent street lighting luminaires and is approved by the City.
(B) The replacement luminaire must direct light on the sidewalk and/or roadway, as appropriate, and not cause nuisance glare beyond the right-of-way.
(C) The lamp should be of a correlated color temperature, brightness, and lifespan approved by the City.
Table 10-3-61 | ||
Standards | Towers | Antennas |
Table 10-3-61 | ||
Standards | Towers | Antennas |
Zoning Districts Where Permitted | FE, ID, I, EI, AD-A and AD-B (subject to FAA regulations); also permitted on a public property in any zoning district. | FE, ID, I, EI, AD-A and AD-B (subject to FAA regulations); permitted on any public property in any zoning district; permitted on any non-residential building in any zoning district; permitted on any residential building of four or more stories in any zoning district. |
Permitted Types | Monopoles, lattice towers, and guyed towers. | Roof mounted only. |
Max. Height | 120 ft | 15 ft |
Min. Setback | 200 ft from any zoning district that has a residential use as a listed permitted use. | 15 ft from the roof edge or building parapet wall. |
Accessories | Equipment shelter house must meet all standards for an accessory uses in the FE, ID, I, EI, AD-A and AD-B (subject to FAA regulations) zoning districts. | None permitted |
Access | Vehicular access to the equipment shelter shall be provided via existing circulation system on the property and be paved with asphalt or concrete. | Access required to rooftop. |
(Ord. 2023-7, 7-17-2023)
10-3-62: SOLAR ENERGY FACILITY:
A. Applicability:
1. These standards shall apply to the establishment of any new photovoltaic or solar thermal SEF within the city. Concentrated solar power systems shall be prohibited.
2. An SEF established prior to the effective date of this zoning code shall not be required to meet the requirements of this zoning code, however:
a. Physical modification or alteration to an existing SEF that materially alters the size, type or components of the SEF shall be subject to this zoning code. Only the modification or alteration is subject to this zoning code;
b. Substantial conformance review determinations shall not be considered major amendments to a project’s existing permits; and
c. Routine operation and maintenance or like-kind replacements shall not require a zoning permit.
B. Applications And Permits Required:
1. A Land Use Permit is required as specified in 10-6-15.
C. Tier Descriptions: Solar energy facilities shall be divided into three (3) tiers that describe the intensity and impact of the use on the property and adjacent properties.
1. Tier 1. Accessory solar energy facilities shall meet the following criteria:
a. It is an accessory use on the site that provides energy primarily for on-site use; and
b. It can be building-mounted or ground-mounted, including rooftop systems, building-integrated solar (e.g., shingle, hanging solar, canopy, new technology), or covered permanent parking or other hardscape areas.
2. Tier 2. Intermediate solar energy facilities shall meet the following criteria:
a. It is the primary use on the site or a secondary use that exceeds the size criteria for a Tier 1 SEF;
b. It provides energy for on-site or off-site use; and
c. It can be building-mounted or ground-mounted and may include rooftop systems, building-integrated solar, and covered permanent parking or other hardscape areas.
3. Tier 3. Large-scale solar energy facilities shall be characterized as large-scale, primary or secondary SEFs that provide energy for on-site or off-site use.
D. Standards For Ground-Mounted SEFs:
1. Size: The maximum footprint for a ground-mounted SEF shall be as follows:
a. Tier 1:
(1) Residential and mixed-use districts: Two thousand (2,000) square feet or twenty-five (25) percent of the lot size, whichever is less.
(2) Agricultural, commercial, and public districts: Four thousand (4,000) square feet or twenty- five (25) percent of the lot size, whichever is less.
b. Tier 2.
(1) Industrial Zone: Up to ten (10) acres.
c. Tier 3. Maximum size determined through special review process.
2. Height: The maximum height for a ground-mounted SEF shall be as follows:
a. Residential districts: Ten (10) feet.
b. All other districts: Twenty (20) feet.
3. Setbacks: Ground-mounted SEFs shall comply with the following setback standards:
a. All SEFs shall meet the setback requirements of the individual zoning district where they are located.
b. Tier 2 SEFs in commercial and industrial districts shall provide a 100-foot minimum setback between the edge of the SEF installation boundary and any residential district.
4. Tier 1 and Tier 2 SEFs shall not be located between the front building line and the street.
E. Standards For Building-Mounted SEFs:
1. Height:
a. Tier 1 SEFs shall be subject to the maximum height for the associated zoning district or a maximum of five (5) feet above the height of the roofline, whichever is less. Additional height may be requested through the special review process.
b. Tier 2 SEFS shall be subject to the maximum height for the associated zoning district or a maximum of ten (10) feet above the height of the building, whichever is greater. Additional height may be requested through the special review process.
F. Permit Required:
1. The following permit requirements are applicable to SEF systems. Complete permit submission requirements and processes are provided in Chapter 6.
2. Submission Requirements for Tier 2 and Tier 3 SEFs: Tier 2 zoning Land Use Permit and Tier 3 special review SEF applications shall include the following information:
a. A landscape plan showing all areas occupied by the facility, which are not utilized for access to operate and maintain the installation, planted, and maintained with a naturalized grass or other vegetation for the purpose of soil stabilization or other methods approved by the Building Official.
b. A storm water management plan showing existing and proposed grading and drainage demonstrating no net increase in runoff.
c. A maintenance plan for the continuing maintenance of the SEF, which may include, but not be limited to, planned maintenance of vegetation or ground cover, equipment maintenance, and plans for cleaning of solar panels if required.
d. A decommissioning plan with the information required in subsection H of this section.
3. Following approval, all permit holders shall be required to submit an annual compliance statement that confirms that the system is still active and compliant with the permit and that provides current owner and emergency contact information. This requirement shall not preclude the city from undertaking a separate compliance report, where confirmation of data provided by the facility’s operator is desired.
G. Generally Applicable Standards:
1. Off-site facilities: When the SEF is located on more than one parcel, there shall be a proper easement agreement or other approved methods for the notification of all impacted parties.
2. Septic system avoidance: The SEF shall not be located over a septic system, leach field area or identified reserve area unless approved by the department of environmental quality;
3. Conformance to development standards for underlying zone. The SEF shall be ground mounted, or when located on structures, the SEF shall conform to the development standards for a principal structure in the zone in which such facilities and structures are to be located, except as otherwise provided herein.
4. Lighting: If lighting is required, it shall be activated by motion sensors, and be a fully shielded and downcast type where the light does not spill onto the adjacent parcel or the night sky.
5. The site shall comply with article III Landscaping in Chapter 4 of this Title.
6. The facility shall be enclosed by a six-foot tall fence (eight (8) feet if razor or barbed wire is to be used), barrier, or other appropriate means designed to prevent or restrict unauthorized persons or vehicles from entering the parcel(s). Fences or barriers shall incorporate wildlife friendly design. No barrier shall be required where projects employ full-time security guards or video surveillance.
7. Signs: Permanent or temporary commercial signs (including flags, streamers, or decorative items), shall be prohibited from being displayed on any SEF equipment. As appropriate and for emergency and safety purposes, SEF equipment shall display identification of the manufacturer, facility owner and/or operator, and an emergency contact number.
H. Abandonment:
1. Applicability:
a. An SEF, other than a Tier 1 system, that ceases to produce electricity on a continuous basis for twelve (12) months shall be considered abandoned, unless the property owner or facility operator demonstrates by substantial evidence satisfactory to the city that there is no intent to abandon the facility.
b. A property owner or facility operator with an abandoned system shall follow the decommissioning plan to remove the system. If the system was approved without a decommissioning plan, the property owner or facility operator shall remove all equipment and facilities and restore the site to original condition upon abandonment.
c. Facilities deemed by the city to be unsafe and facilities erected in violation of this section shall also be subject to this section.
2. Determination Of Abandonment:
a. Based on the information provided in an annual compliance statement or verified zoning complaint, the Building Official shall have the right to request documentation, and/or affidavits from the property owner, regarding the system’s usage and shall make a determination as to the date of abandonment or the date on which other violation(s) occurred. The Building Official shall submit the documentation and Building Official’s findings to the city council, property owner, and facility operator and schedule a public hearing for a determination of abandonment.
b. Upon a determination of abandonment or other violation(s), the city shall send a notice to the property owner and facility operator, indicating that the responsible party shall remove the SEF and all associated facilities, and remediate the site to its approximate original condition within a reasonable timeframe established by the city, unless the city determines that the facilities must be removed in a shorter period to protect public safety. Alternatively, if the violation(s) can be addressed by means short of removing the SEF and restoration of the site, the city may advise the property owner and facility operator of such alternative means of resolving the violation(s).
c. If the property owner or facility operator does not comply, the city may remove the SEF and restore the site and may thereafter:
(1) Draw funds from the bond, security, or financial assurance that was established during permitting, and
d. Initiate judicial proceedings or take other steps authorized by law against the responsible parties to recover only those costs associated with the removal of structures deemed a public hazard.
I. Decommissioning:
1. A decommissioning plan, compliant with MCA 75-26-301 where applicable, shall be prepared for Tier 2 and Tier 3 applications and submitted with Land Use Permit or special review application. The plan shall address the following:
a. Defined conditions upon which decommissioning will be initiated (e.g., end of land lease, no power production for twelve (12) months, etc.).
b. Removal of all non-utility owned equipment, conduit, structures, fencing, roads, and foundations, and restoration of property to condition prior to development of the SEF. This shall include a revegetation plan. The applicant may propose retaining some site improvements, such as roads and infrastructure, subject to landowner consent and city approval.
c. Timeframe for completion of decommissioning activities, not to exceed one year.
d. Description and copy of any lease or any other agreement with landowner regarding decommissioning.
e. Name and address of person or party responsible for decommissioning.
f. Plans and schedule for updating this decommissioning plan.
g. A professional engineer’s estimated cost of decommissioning, the financial resources to be used to accomplish decommissioning, and the escrow agent with which the resources shall be deposited.
h. An agreement between the applicant and the city whereby:
(1) The financial resources for decommissioning shall be in the form of a surety bond or letter of credit and shall be deposited in an escrow account with an escrow agent acceptable to the city.
(2) The city shall have access to the escrow account funds for the expressed purpose of completing decommissioning if decommissioning is not completed by the applicant within one year of the end of project life, inoperability of individual WECS turbine, or facility abandonment. Escrow funds may be used for administrative fees and costs associated with decommissioning.
(3) The city is granted the right of entry onto the site, pursuant to reasonable notice, to effect or complete decommissioning.
(4) The city is granted the right to seek injunctive relief to effect or complete decommissioning; to seek reimbursement from applicant, operator, or their successor(s) for decommissioning costs in excess of the amount deposited in escrow; and to file a lien against any real estate owned by applicant, operator, or their successor(s), or in which they have an interest, for the amount of the excess, and to take all steps allowed by law to enforce the lien.
(5) Before final electrical inspection, provide evidence that the decommissioning plan was recorded with the Belgrade city clerk. (Ord. 2023-7, 7-17-2023)