A.   Applicability: Unless otherwise expressly stated, fences, hedges, and walls provided to meet regulations of this Title are subject to the regulations of this section.

   B.   Location:

      1.   Fences, hedges, and walls in any district shall be located on or within the boundary lines of the property owner unless approved otherwise in writing by the Zoning Official upon consent from the affected adjacent property owner.

      2.   Fences or walls adjacent to a sidewalk or trail shall be set back a minimum of three feet from the back of the sidewalk/trail or placed along the property line, whichever distance is greater. Fences may not be located within the vision triangle when the fences are abutting the intersection of two streets.

      3.   It shall be unlawful for any fence, hedge, or wall to create an unsafe or dangerous obstruction or condition on a property. This includes a fence, hedge, or wall that obstructs reasonable access to the utility, irrigation, or drainage equipment, structures, or facilities located within a dedicated easement or right-of-way by persons who are entitled to gain access to such equipment, structures, or facilities.

   C.   Height:

      1.   Fences, hedges, and walls shall not exceed six feet in height in any side and rear yards.

      2.   Fences shall not exceed four feet in any front yard as defined in this code. An exception to the height restrictions will be granted for fences used in an agricultural pursuit to retain stock animals.

      3.   In the case of a fence erected on top of a retaining wall, the height shall be measured from the top surface of the wall to the ground on the high side of the wall.

   D.   Materials And Construction:

      1.   The finished surface of a fence shall face adjacent property owners or the street frontage. Non-decorative elements such as fence posts and supporting structures shall face inward when visible on one side, not outward.

      2.   Barbed wire, or any other sharp fencing material, shall be permitted to be erected and maintained in any district in or out of the City limits for an undeveloped and unplatted property that is used for grazing farm animals that the City Council has approved as per exemption in Section 4-1-8 of the Belgrade City Code. The barbed wire shall be removed when required by the City Council.

      3.   Electrically charged fences shall be permitted only in the R, FE, or I Districts.

      4.   When electrically charged fences are used in the R, FE, or I Districts, such fence shall be posted with warning signs at intervals not to exceed 150 feet where such fences are adjacent to public rights-of- way.

      5.   All fences, hedges, and walls shall be maintained in good condition at all times. All fences and walls shall be neatly finished and repaired, including all parts and supports. (Ord. 2023-7, 7-17-2023)

   A.   Intent: These standards shall serve to manage and/or limit outdoor lighting in order to mitigate against light pollution, light trespass, and glare; to conserve energy and protect natural resources; and to facilitate the safety and security of persons and property.

   B.   Applicability:

      1.   The lighting standards herein shall apply to the following:

         a.   All exterior lighting fixtures within the city of Belgrade, installed after the effective date of this code, regardless of zoning classification or ownership, shall comply with the requirements of this chapter unless expressly exempted herein.

         b.   Streetlights installed prior to adopting the ordinance from which this title was derived shall be replaced with a compliant luminaire when the streetlight becomes inoperable.

         c.   All exterior lighting fixtures established or permitted as of the date of this code shall be brought into conformance with the standards herein within one year for multifamily, commercial or industrial properties and three years for residential properties.

   C.   Exemptions:

      1.   The following types of lighting shall be exempt from the standards of this chapter:

         a.   Federally-funded and state- funded roadway construction projects shall be considered exempt from the ordinance from which this title was derived only to the extent necessary to comply with state and federal requirements.

         b.   Full cutoff street lighting, which is part of a federal, state, or municipal installation.

         c.   Holiday lighting and other seasonal decorations shall not require shielding provided they are not in use for more than 75 consecutive days.

         d.   Specialized lighting necessary for safety, such as navigation or runway lighting of airports, temporary lighting associated with emergency operations, roadway hazard warnings, etc.

         e.   Traffic control signals and devices.

         f.   Sports field lighting, subject to the provisions contained in the general standards.

         g.   Lighting of the United States flag pursuant to U.S. Flag Code guidelines.

         h.   Motion-activated, intermittent home security lighting within residential zones.

   D.   General Lighting Standards: The following general standards shall apply to all outdoor lighting fixtures and accent lighting unless otherwise exempt:

      1.   All light trespass shall be prohibited.

      2.   All area lights, including streetlights and parking area lighting, shall be full or semi cut-off fixtures.

      3.   In all zones, except residential districts, accent lighting shall be directed downward onto the illuminated object or area and not upward into the sky or onto adjacent properties. Direct accent light emissions shall not be visible above the roofline, building, or other associated structures.

      4.   Canopy lights shall be recessed sufficiently so that no light spills onto adjacent property or rights-of-way.

      5.   Illumination levels and uniformity ratios shall be in accordance with current recommended standards set by the Illumination Engineering Society of North America (IESNA), and not exceeded.

      6.   The developer or builder shall be required to verify to the city in writing that all outdoor lights were installed as described on the approved photometric plans.

      7.   All non-essential exterior commercial and residential lighting shall be turned off after business hours or when not in use.

      8.   Outdoor lighting fixtures and accent lighting shall not illuminate non- navigable public bodies of water.

      9.   All radio, communication, and navigation towers that require lights shall have dual lighting capabilities. For daytime, a white strobe light may be used, and for nighttime, only red lights shall be used.

      10.   Uplighting is prohibited, except in cases where the fixture is shielded by a roof overhang or similar structural shield from the sky. A licensed architect or engineer has stamped a prepared lighting plan that ensures that the light fixture(s) will not cause light to extend beyond the structural shield except as specifically permitted in this chapter.

      11.   New and existing service stations shall have lighting levels no greater than thirty footcandles, as set by the IESNA for urban service stations.

      Existing service stations shall comply with this standard within one year of the effective date of this code.

         a.   Illumination for outdoor recreation facilities shall conform to the shielding requirements of this chapter, except when such shielding would interfere with the intended activity (including but not limited to baseball, softball, and football). For such facilities, partially shielded luminaries shall be permitted and shall operate only with a permit from the city, recognizing that steps have been taken to minimize glare and light trespass. Where fully shielded luminaries are required, the light fixtures shall conform to light trespass requirements. Illumination for outdoor recreation facilities shall be turned off between 10:00 p.m. and 6:00 a.m. (Ord. 2023-7, 7-17-2023)

   A.   Purpose And Intent: This section comprises requirements for general landscaping and buffer yards; parking lot landscaping; foundation landscaping; street trees, vision clearance; and irrigation and maintenance.

      1.   The overarching purpose of this chapter is to accomplish the following:

         a.   Improve the compatibility of different land uses by providing a buffer between those uses of differing character;

         b.   Enhance the beauty of the city;

         c.   Protect the character and stability of different uses of property;

         d.   Preserve the value of lands and buildings;

         e.   Diminish the spread of noxious weeds and re-establish native plants;

         f.   Reducing the volume and rate of flow of stormwater runoff;

         g.   Improve the quality of stormwater runoff water;

         h.   Reduce urban temperatures; and

         i.   Promote more sustainable use of resources dedicated to landscape maintenance.

   B.   Applicability: The provisions of this chapter shall apply to public and private development on property located in all zoning districts when a building permit is required.

   C.   Procedure:

      1.   Any person seeking a building permit for new construction or a building or parking lot expansion of greater than 50% shall submit a landscaping plan, which shall include the following:

         a.   The location, size, description, and quantity of landscaping materials and areas proposed, demonstrating compliance with the requirements of this chapter.

         b.   The location and size of any existing and proposed structures on the lot.

         c.   The location and description of proposed buffering/screening as required.

      2.   An applicant may request a variance from landscaping standards to permit a variation from the requirements of this chapter. If the board of adjustment determines that a variance is appropriate, the Board may require alternative landscaping, architectural, or other mitigating features as deemed appropriate under the circumstances.

      3.   No building permit or conditional use permit shall be granted or issued until final approval of the landscaping plan.

      4.   A property occupancy certificate shall be issued once the landscaping is completed or financially guaranteed.

         a.   For sites smaller than one-half (0.5) acre, installation of all landscaping in compliance with the approved landscaping plan shall be confirmed by a site visit or photo evidence of fully installed landscaping.

         b.   For sites larger than one-half (0.5) acre, assurance of landscaping installation shall be provided in the form of:

            (1).   A bond in the amount of one hundred fifty percent (150%) of the cost of completion of the landscaping, provided to the City. The cost of completion of landscaping shall be determined by a professional landscaping business approved by the City.

            (2)   The bond shall be in the form of cash, certificate of deposit, letter of credit issued by a federally insured lending institution, completion bond issued by an approved insurance or bonding company, or in such other manner as shall be approved by the City. In the event that the landscaping still needs to be completed according to the approved plan within one year after the issuance of the certificate of occupancy, the City may obtain the proceeds from the bond and contract to have the landscaping completed. The applicant shall be responsible for the entire cost of completing the landscaping, including any cost in excess of the amount of the bond.

   D.   Installation And Minimum Planting Requirements:

      1.   Drought-Tolerant Species Required: A landscape plan shall provide 75% or greater of the proposed trees and shrubs as drought-tolerant species as defined in the latest editions of the Montana Nursery and Landscape Association’s Drought Tolerant Plans for the Montana Landscape or on a list adopted by the City of drought tolerant species for purposes of this section.

         a.   Lawn Area: Grassy areas shall utilize species that are well adapted to the growing conditions of Gallatin County, Montana.

         b.   Ground Cover: In lieu of grass (native-species) of low-growing ground cover plants, preferably drought tolerant, may be used as a more sustainable alternative.

         c.   Trees: Trees interior to the lot shall be a minimum height of eight (8) feet and a minimum diameter of one and one-half (1 1/2) inches at the time of planting.

         d.   Shrubs: All shrubs shall be a minimum of eighteen (18) inches in height at time of planting.

         e.   Except as otherwise noted in this section, at least fifty (50) percent of landscaped areas created to meet the requirements of this section shall be landscaped with living plant materials such as grass, wildflowers, perennials, groundcover, or shrub plantings. Plant material used for groundcover and shrub plantings shall be spaced to cover at least half of this area when mature.

         f.   Remaining required landscaped areas not landscaped with living plant materials shall be landscaped with non-living landscape materials, including but not limited to bark, gravel, rock, decorative integrally colored stamped concrete, brick, landscape pavers, and other similar materials.

      2.   Fences And Walls: Fences and walls utilized to meet the buffer yard standards shall be architecturally compatible in color and design with the structure located on the property subject to the buffer yard standards.

         a.   Fences and walls shall not exceed seven feet in height in the side and rear yards.

         b.   Fences and walls shall not exceed four feet in any front yard.

      3.   Landscaping: Landscaping shall be permitted within the required front, side, and rear setback areas. No landscaping shall be placed within public rights-of-way without obtaining written approval from the City.

      4.   Landscaping Strip:

         a.   There is a minimum requirement for a fifteen-foot (15') wide landscaping strip adjacent to and along all streets and avenues.

            (1)   Excluding driveways that may not exceed thirty feet (30') in width in the Neighborhood Residential district; or

            (2)   Excluding driveways that may not exceed forty feet (40') in width in the Mixed- Use Zone, Commercial Corridor, Downtown District, Flex Employment, Industrial Zone, OPS, Mixed Residential, and Community Living.

         b.   There shall be at least 10 feet of separation between driveways that are 30 feet (30') or less in width and at least (20') of separation between driveway throats that are more than thirty feet (30') in width.

   E.   Foundation Landscaping Standards:

      1.   All foundations shall be wrapped by an adjacent planting strip at least five feet in width. Plantings shall comprise native decorative long grasses, shrubs, flowers, or edible plants planted at the minimum planting distance.

      2.   Where the foundation immediately abuts a sidewalk, a foundation planting strip is not required.

   F.   Street Tree Requirements:

      1.   The installation of street trees shall be required for all new construction.

      2.   Street trees shall be provided within a five-foot wide tree lawn; the tree lawn boulevard shall be provided either between the public street and sidewalk with the approval of the Public Works Department or on the interior of any lot line adjacent to a public street.

      3.   Trees shall be provided at a rate of one per 40 feet of street frontage.

      4.   Tree plantings shall be native to Gallatin County, Montana.

      5.   Street tree plantings shall be clearly indicated on the landscape plan.

   G.   Buffer Yard Standards:

      1.   Applicability: Buffer yards shall be required between adjoining incompatible uses as outlined in Table 10-4-3.G.1, except for:

         a.   Any area occupied by structures, paving, walkways, decks, or patios;

         b.   Any portion of a lot that retains a mature tree canopy that is undisturbed from construction or site improvement activities, as determined by the community development department;

         c.   Where landscaping would conflict with access to utility infrastructure; however, groundcover shall be planted provided it does not interfere with utility infrastructure as determined by the City Engineer;

         d.   Between adjacent sites with shared parking;

         e.   Where common driveways or vehicular access easements are located on the property line; or

         f.   Where buildings are located side-by-side or on a property line.

      2.   Location:

         a.   Buffer yards shall be located on the side and rear lot lines extending into the yard or setback, depending on the size of the lot. Buffers shall not extend into, or be located within, any portion of an existing public right-of-way.

         b.   The buffer yards specified shall be provided on each lot independent of adjoining buffers.

   H.   Parking Lot Landscaping Requirements:

      1.   All surface, off-street parking lots shall comply with the requirements of this section.

      2.   The minimum number of trees shall be at least one per 100 square feet of landscaped parking lot area. Trees that are part of a buffer yard shall not count toward meeting this minimum.

      3.   Whenever possible, parking lots larger than 30,000 square feet shall be designed to break up their visual expanse and create the appearance of smaller parking lots. This distinction or separation can be achieved by interspersing yard space and buildings in strategic areas and taking advantage of natural features such as slopes, existing woodland or vegetation, drainage courses, and retention areas.

 

 

 

      4.    One parking island shall be provided for every 40 parking spaces.

      5.   Parking islands shall be dispersed throughout the parking area. The minimum parking island size should be 200 square feet, with one tree planting per 200 square feet of the peninsula, with a 2' minimum distance between all trees or shrubs and the edge of pavement where vehicles overhang and a minimum width of 10 feet. Parking peninsulas shall be a minimum of six feet in width.

      6.   A parking peninsula with a planted bioswale, which is continuous throughout the width of the parking lot, shall be permitted instead of a parking island, provided at a rate of one peninsula per 60 parking spaces. Where a peninsula with a planted bioswale is provided, a 20% reduction in the minimum number of parking spaces shall be permitted. A landscape architect shall design the bioswale, and a maintenance document shall be provided with the landscaping plan when a bioswale is installed.

   I.   Vision Clearance Requirements:

      1.   All landscaped areas shall comply with the clear vision standards for intersections and driveways, including the allowed height and placement of fences, walls, signs, landscaping materials, and other objects within the clear vision triangle(s).

   J.   Irrigation And Maintenance Requirements:

      1.   All newly planted and relocated temporary or permanent irrigation systems shall water live plant cover until such time as they are established and subsequently on an as-needed basis in compliance with existing water restrictions.

      2.   All live plant cover in landscaped areas shall be controlled by pruning, trimming, or other suitable methods so as not to interfere with public utilities, restrict pedestrian or vehicular access, or otherwise constitute a traffic hazard.

      3.   All landscaping elements shall be kept free of weeds, debris, and litter and, whenever necessary, replaced with new landscaping to ensure continued compliance with this chapter.

      4.   All walls and fences shall be maintained in good condition and, when necessary, be repaired or replaced.

      5.   The property owner shall be responsible for compliance with this chapter. (Ord. 2023-7, 7-17-2023; amd. Ord. 2023-9, 12-18-2023)

   A.   Applicability: Off-street parking and loading spaces shall be provided for uses that are established, enlarged, extended, or moved onto any lot after the effective date of these zoning regulations or of a subsequent rezoning or other amendment establishing or increasing parking or loading requirements for the uses. When an expanded use results in an increase of more than 20% in the number of currently required parking spaces, additional parking shall be provided for the additional space based on the standards of this chapter.

   B.   Parking Space Count: The minimum number of provided parking spaces shall be provided per the table below:

   C.   Pick-Up And Drop-Off Parking Spaces:

      1.   Any use which provides delivery or pick-up of goods or services, or fulfillment of online orders, shall designate at least one pick-up/ drop-off parking space.

      2.   Where it is anticipated that 50% or more of sales will be generated from pick-up orders, delivery, or the fulfillment of online orders, an additional three pick-up and drop-off spaces shall be designated.

      3.   Pick-up and drop-off parking spaces shall be counted within the minimum required parking, shall be striped with a different color than other parking spaces, and shall be clearly signed and striped to state that they only serve pick-up, drop-off, and rideshare activity.

 

      4.   Pick-up and drop-off spaces shall be the closest parking spaces to the building entrance with the exception of parking spaces for disabled persons.

   D.   Parking Space And Driveway Dimensions:

      1.   Parking spaces shall be a minimum of 9 feet in width and 18 feet in length.

         a.   10% of spaces shall be 10 feet in width and 20 feet in length in order to accommodate larger passenger vehicles like trucks and camper vans.

         b.   Up to 10% of spaces may be utilized for compact cars, which shall have a minimum dimension of 8 feet in width and 16 feet in length.

      2.   Driveways shall be a minimum of 24 feet wide and shall be long enough so that no vehicle parked on the property extends into the right-of- way, either the sidewalk or road.

      3.   Drive aisles shall be a minimum of 24 feet wide.

   E.   Shared Parking Spaces:

      1.   Nothing in this chapter shall be construed to prevent the joint use of off-street parking for two (2) or more buildings or uses on the same parcel of land if the total of such spaces, when used together, is not less than the sum of the requirements for the individual uses computed separately.

      2.   A City zoning official may administratively permit shared parking, and may also permit a reduction of the combined parking requirement by up to 25 percent where the property owner provides written evidence, such as a lease or condominium bylaws, which limits the hours of operation of individual tenants to ensure that peak parking demands do not exceed the number of parking spaces present.

   F.   Location Of Parking Areas:

      1.   Townhouse:

         a.   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 parking facility is easily accessible and of a reasonable distance from the townhouse unit it is serving (maximum 100 ft.).

         b.   Required parking spaces shall be allowed in front or side yards, but shall not exceed thirty feet (30') in width at the curb except shared driveways may be a maximum of forty feet (40') in width if there is at least (20') to the next driveway throat or driveway.

      2.   All Other Uses:

         a.   Parking may be located off-site as long as it is within 600 feet of an entrance to the building or site, connected by a paved pedestrian walkway.

         b.   If the off-site parking is not under common ownership with the property for which the parking is provided, then a legal covenant permitting the use of the off-site parking shall be provided to the City.

   G.   Pedestrian Access:

      1.   Walkways with a minimum unobstructed width of five (5) feet shall be provided between any building and an adjacent parking lot.

      2.   Pedestrian pathways shall be provided through all parking areas larger than forty (40) parking spaces to create a safe and convenient connection to building entryways.

      3.   Pedestrian pathways in and through parking areas must be designed and constructed to meet the following criteria:

         a.   Americans with Disabilities Act (ADA) guidelines;

         b.   Limit conflict between pedestrians and vehicular traffic;

         c.   Be clearly delineated and directional using techniques such as contrasting textured or colored material, segregation of pathway from vehicle travel lanes, or raised pathway surfaces;

         d.   Be located a reasonable walking distance from all parking spaces to minimize conflict with moving vehicles;

         e.   Provide functional connection between the parking area, the building served by the parking area, and adjacent public sidewalks and rights-of-way; and

         f.   Provide safe, convenient pedestrian access to all building entryways open to the public.

   H.   Parking Area Surfaces:

      1.   Parking areas shall have improved surfaces that do not contribute dust, gravel, sand, or soil to the air, water, or ground surface outside the lot.

      2.   No required parking space shall be a yard or grassy area.

   I.   ADA Parking Requirements:

      1.   Parking spaces designated and designed for people with disabilities shall be provided at a rate of 1 parking space per 25 standard parking spaces provided with a minimum of 1.

      2.   Nothing in this Zoning Code shall be construed to conflict with the regulations set forth by the Americans with Disabilities Act.

      3.   Parking spaces designated and designed for people with disabilities shall comply with the universal parking space design set forth in the International Building Code.

      4.   All such spaces shall be designated by free-standing signs pursuant to the Montana Secretary of State guidelines. ARM 24.301.905

   J.   Parking Lot Landscaping:

      1.   Parking lots shall be landscaped as specified in 10-4-3.

   K.   Drive-Thru Standards:

      1.   Drive-thrus are permitted only within specific zoning districts as specified in Chapter 3 Uses.

      2.   All queuing vehicles shall be located on the lot on which the drive-thru services are being provided and shall not interfere with the movement of vehicles or pedestrians on public rights-of-way.

      3.   All establishments with drive-thrus shall provide a bypass lane whereby vehicles may exit the lot at any point without proceeding through the drive-thru lane.

      4.   Menu boards may not flash or have any visible bulbs. All menu boards shall be oriented toward the drive-thru aisle they serve.

         a.   Drive-thru speakers shall not be audible from adjacent properties. Drive-thru speakers shall not emit outdoor music.

   L.   Loading Standards:

      1.   The requirements for commercial off-street loading facilities shall be provided in accordance with the following standards for any new structure which requires the receipt or distribution of materials or merchandise by trucks or similar commercial vehicles.

         a.   All required loading berths shall be located on the same lot as the use served.

         b.   Loading facilities shall not be located within 200 feet of a residential structure unless the loading facility is being installed within a mixed-use structure.

         c.   No permitted or required loading berth shall be located within 50 feet of the nearest point of intersection of any two streets.

         d.   All off-street loading berths shall be surfaced with concrete or other appropriate material meeting the durability requirements.

         e.   Every building having over 5,000 square feet of gross floor area shall be provided with at least one truck loading and unloading space, not less than twelve feet in width, forty feet in length and with fourteen feet clearance. An additional truck space of these dimensions shall be provided for every additional 20,000 square feet or fraction thereof of gross floor area in the building.

         f.   Loading areas may not be located closer to a street or road than the primary structure, with the exception of loading areas on through-lots. Loading areas facing a public street or road on a through-lot shall be fully shielded through screening or landscaping.

         g.   Access to truck loading and unloading spaces shall be provided directly from a public street or alley or from any right of way that will not interfere with public convenience and that will permit the orderly and safe movement of such trucks.

         h.   Loading space as required under this section, shall be provided as an area additional to off-street parking spaces required and shall not be considered as supplying off- street parking space. (Ord. 2023-7, 7-17-2023; amd. Ord. 2023-9, 12-18-2023; Ord. 2025-12, 1-20-2026)