Big Timber City Zoning Code
SUPPLEMENTAL REGULATIONS
§ 154.240 INTENT.
Supplemental district regulations are intended to govern miscellaneous issues related to uses or conditions that occur in more than one zoning district.
(2015 Code, § 11-14-1) (Ord. 454, passed 6-19-2000)
§ 154.241 VISIBILITY AT INTERSECTIONS.
(A) Commercial or industrial district. On a corner lot in any commercial or industrial district, for a distance of ten feet from the point of intersection along each street edge, nothing may be erected, placed, planted, or allowed to grow in a manner that would impede visibility of vehicles entering the intersection between two and one-half feet and eight feet from grade except a column or post.
(B) Residential district. On a corner lot in any residential district, for a distance of 30 feet from
the point of intersection along each street edge, nothing may be erected, placed, planted, or allowed to grow in a manner that would impede visibility of vehicles entering the intersection between two and one-half feet and eight feet from grade. (See Figure 4 below.)
Figure 4: Visibility at Intersections-Residential
(B) Commercial or industrial district. On a corner lot in any commercial or industrial district, for a distance of ten feet from the point of intersection along each street edge, nothing may be erected, placed, planted, or allowed to grow in a manner that would impede visibility of vehicles entering the intersection between two and one-half feet and eight feet from grade except a column or post.
(2015 Code, § 11-14-2) (Ord. 454, passed 6-19-2000) Penalty, see § 154.999
§ 154.242 ACCESSORY BUILDINGS.
(A) Front yard. No accessory building shall be erected in any required front yard.
(B) Rear yard. An accessory building, not to exceed one story or 14 feet in height, including heating and cooling units, may occupy not more than 25% of the area of the required rear yard; provided that any such accessory building wall shall be at least ten feet from the nearest point of the main building wall, excluding eaves overhang, eight feet from the side property lines and ten feet from the rear property line.
(2015 Code, § 11-14-3) (Ord. 454, passed 6-19-2000) Penalty, see § 154.999
§ 154.243 PRINCIPAL STRUCTURES.
In any district, more than one structure housing a permitted and customary accessory use may be erected on a single lot or tract of land, provided that setback, height, and yard requirements of this chapter shall be met for each structure.
(2015 Code, § 11-14-4) (Ord. 454, passed 6-19-2000) Penalty, see § 154.999
§ 154.244 EXCEPTIONS TO HEIGHT REGULATIONS.
(A) The height restrictions contained in any district do not apply to spires, belfries, cupolas, towers, chimneys, water tanks, ventilators, elevator housing, antennas, satellite dishes less than 30 inches in diameter, or other appurtenances not intended for human occupancy and usually required to be placed above the roof level.
(B) Grain elevators or other tall structures not intended for residential use that exceed height restrictions in any district must obtain a conditional use permit.
(2015 Code, § 11-14-5) (Ord. 454, passed 6-19-2000) Penalty, see § 154.999
§ 154.245 ZERO LOT LINE.
Where an individual owns two adjoining lots, or where the owners of two adjoining lots make written agreement, a zero lot line may be used for single-family dwelling or for commercial buildings in the HB zone, but only so as to create a zero lot line on one side of any lot.
(2015 Code, § 11-14-6) (Ord. 454, passed 6-19-2000)
§ 154.246 HOME OCCUPATIONS.
Home occupations are permitted uses in zones R-S, R-1, R-2, and R-3 if they conform to the following regulations.
(A) Incidental and subordinate. The use of the dwelling for the home occupation clearly must be incidental and subordinate to its use for residential purposes.
(B) Outside appearance. There shall be no structural alteration or change in outside appearance of the primary or accessory structures.
(C) Name plate or sign. A nameplate or nonilluminating sign not to exceed two square feet that is placed flat against dwelling unit or suspended in a window may advertise the home occupation.
(D) Vehicles. No vehicles, except those normally used as passenger vehicles, may be kept on premises. Only one vehicle (not to exceed the size of a one-ton pickup truck) related to the occupation is permitted.
(E) Equipment or materials. No equipment or materials shall be used in a home occupation that creates noise, vibration, glare, fumes, odors, or electronic interference detectable by normal senses off the lot.
(2015 Code, § 11-14-7) (Ord. 454, passed 6-19-2000) Penalty, see § 154.999
§ 154.247 STRUCTURES TO HAVE ACCESS.
Every principal building erected or placed on a lot shall have access to a public street, other than an alley, or an approved private street, and all structures shall be so located on lots as to provide safe, convenient access for servicing, fire protection, and required off-street parking.
(2015 Code, § 11-14-8) (Ord. 454, passed 6-19-2000) Penalty, see § 154.999
§ 154.248 TEMPORARY USES.
(2015 Code, § 11-14-9) (Ord. 454, passed 6-19-2000) Penalty, see § 154.999
§ 154.249 OUTDOOR LIGHTING.
Outdoor lighting of trees, bushes, fountains, swimming pools, structures, parking areas, or grounds shall not directly illuminate any adjacent property.
(2015 Code, § 11-14-10) (Ord. 454, passed 6-19-2000) Penalty, see § 154.999
§ 154.250 OUTSIDE STORAGE; ENCLOSURE REQUIRED.
(A) Salvage material. All persons accumulating, depositing, or storing salvage material within the zoning jurisdiction shall fence surrounding salvage materials with a solid fence at least six feet high, or sufficient to enclose the salvaged materials from public view from outside the enclosure.
(B) Recreation vehicles; motor homes; manufactured homes. Campers, camping trailers, motor homes, manufactured homes (not exceeding eight feet in width and 27 feet in length), recreation vehicles, snowmobiles, and boats may be parked and stored in rear yards without fencing; however, it shall be unlawful to occupy such vehicles for living or sleeping purposes for more than seven consecutive days.
(C) Junk vehicles. No more than one automotive vehicle without current license plates (junk vehicle) may be parked or stored on any residentially zoned property, except those in completely enclosed buildings.
(2015 Code, § 11-14-11) (Ord. 454, passed 6-19-2000) Penalty, see § 154.999
§ 154.251 CORNER LOTS.
When a rectangular lot faces more than one street, the street front and street side yard setbacks shall be no less than the yard setbacks established by adjacent structures on the same block, in the same zone district as the corner lot. (See Figure 5 below.) Otherwise, the front yard setbacks shall apply to the side with the shorter lot boundary along the street. Side yard setbacks shall apply to the longer lot boundary. (See Figure 6 below.) Triangular lots shall conform with the yard setbacks shown in Figure 2 in § 154.003.
(2015 Code, § 11-14-12)
Figure 5: Established Setbacks Figure 6: Setbacks by Lot Boundary
§ 154.252 PROTECTION OF STREET RIGHT-OF-WAY.
No land use permit shall be issued or use allowed in any street right of way or in any proposed street right-of-way as shown in the city growth policy plan.
(2015 Code, § 11-14-13) (Ord. 454, passed 6-19-2000) Penalty, see § 154.999
§ 154.253 FENCES AND WALLS.
(A) Location; maximum height. Fences and walls in any district may be located on lot lines, provided written consent is obtained from adjacent neighbors; otherwise, such fences and walls shall be located inside property lines. Fences and walls may not exceed eight feet in height in commercial and industrial zones and six feet in all other zones. However, no fences or walls shall exceed three feet in any “front yard,” as defined by this chapter. Fences used to retain stock animals shall be excepted.
(B) Barbed wire; electric or sharp fencing materials. Except in the R-S districts, no barbed wire or other sharp fencing materials and no electronically charged fence shall be erected or maintained in any district created by this chapter. When electronically charged fences are used in the R-S districts, such fences shall be posted with warning signs at intervals not to exceed 150 feet where such fences are adjacent to public rights-of-way.
(C) Retaining wall. In case of a fence erected on top of a retaining wall, the height shall be measured from the grade of the high side of the wall.
(D) Construction. All fences permitted under this section shall be constructed so that the frame or supporting members of the fence face into the property and so the finishing side faces outward from the property being fenced.
(2015 Code, § 11-14-14) (Ord. 454, passed 6-19-2000) Penalty, see § 154.999
§ 154.254 SWIMMING POOLS.
(A) Location; fence required.
(1) No public or private swimming pool in any district shall be located in any required front yard. All swimming pools shall be enclosed in an area with a fence or wall not less than 42 inches in height and no opening, therein, other than doors or gates, larger than four inches in any direction.
(2) A structure of any type may be used as part of such enclosure. All gates and doors opening through such enclosure shall be kept equipped with self-closing and self-latching devices for keeping the gates or doors securely closed at all times 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.
(B) Modifications. The Zoning Officer may make modifications in individual cases, upon a showing of good cause with respect to the height, nature, or location of the fence, wall, gates, or latches, or the necessity thereof, provided the protection as sought hereunder is not reduced thereby.
(2015 Code, § 11-14-15) (Ord. 454, passed 6-19-2000) Penalty, see § 154.999
§ 154.255 LOTS IN TWO ZONES.
Where a district boundary line, as established in this chapter, divides a lot which was of single ownership and of record at the time of the passage hereof, the use thereon and the district requirements applying to the least restricted portion of such lot under this chapter shall be considered as extending to the entire lot, provided the more restricted portion of such lot is entirely within 20 feet of the dividing line, the use so extended shall be deemed to be conforming.
(2015 Code, § 11-14-16) (Ord. 454, passed 6-19-2000)
§ 154.256 YARD ENCROACHMENTS.
Every part of a required yard or court shall be open and unobstructed by any building or structure from its lowest point upward, except as follows.
(A) Cornices, chimneys, canopies, eaves, balconies, or other similar features may extend into a required yard space not more than three feet.
(B) Open, unwalled, uncovered steps, handicap ramps, and entrance lands may extend into a required yard space not more than five feet.
(C) Driveways and off-street parking areas may be included in the required yard space. Parking areas must not block front door access in residential areas.
(2015 Code, § 11-14-17) (Ord. 454, passed 6-19-2000) Penalty, see § 154.999
§ 154.257 STOP ORDER.
Whenever any building work is being done contrary to provisions of this chapter, the Zoning Officer shall order the work stopped by notice, in writing, served on any person engaged in doing or causing such work to be done, and any such person shall forthwith stop such work until authorized by the Zoning Officer to proceed with the work.
(2015 Code, § 11-14-18) (Ord. 454, passed 6-19-2000)
§ 154.258 SIGNS IN RESIDENTIAL DISTRICTS.
No signs shall be permitted in any residential district, except:
(A) Name plates not exceeding one square foot in area and further, not exceeding 24 inches in length;
(B) Signs pertaining to the lease or sale of the building or premises not exceeding four square feet in area;
(C) Signs or nameplates for a home occupation as allowed and set forth in § 154.246;
(D) Political advocacy signs;
(E) Public hearing signs; and
(F) Signs identifying churches, not to exceed 25 square feet in area.
(2015 Code, § 11-14-19) (Ord. 454, passed 6-19-2000) Penalty, see § 154.999