(Ord. 2025-03, passed 9-15-2025)

(Ord. 2025-03, passed 9-15-2025)

   (B)   Boundaries indicated as approximately following platted lot lines shall be construed as following said lot lines.

   (C)   Boundaries indicated as approximately following the city limits shall be construed as following said city limits.

   (D)   Boundaries indicated as following rivers, creeks, or perennial or intermittent streams of any kind shall be construed to follow the thread of said streams. In the event that the thread of a river, creek, or stream shifts, the boundary shall be construed as moving with the thread, except when the thread of the stream is also a property boundary. In such a situation, the Zoning Administrator shall determine the zoning district boundary.

   (E)   Boundaries indicated as parallel to or extensions of features listed in divisions (A) through (D) above are so construed. Distances not specifically indicated on the official zoning map, or on established boundaries such as lot lines, are to be determined by the Zoning Administrator measuring the map according to its scale.

   (F)   Where physical or cultural features existing on the ground are at variance with those shown on the official zoning map or in other circumstances not addressed by divisions (A) through (E) above, the Zoning Administrator shall interpret the district boundaries.

(Ord. 2025-03, passed 9-15-2025)

   (A)   Permitted uses. All uses listed as “permitted uses” in each zoning district are permitted outright, and require only a zoning permit, and/or city business license as applicable. Only those uses listed explicitly as permitted uses are so allowed in the applicable district unless, in the opinion of the Zoning Administrator, a proposed use is of the same general character as those listed or is permitted per state statute such as digital mining assets under 76-2-1003 MCA.

   (B)   Conditional uses. All uses listed as “conditional uses” in each zoning district are permitted provided that they are reviewed and approved following the review provisions of Section 153.36. Like permitted uses, conditional uses are subject to zoning permits, and/or city business license as may be applicable to the particular use. Only those uses specifically listed as conditional uses are so allowed in the applicable district unless in the opinion of the Zoning Administrator, a proposed use is of the same general character as those listed.

   (C)   Prohibited uses. For some zoning districts, a list of uses that are expressly prohibited is provided. This list is provided for clarification and ease of interpretation only, and it is not in any way intended to be an exhaustive list of all uses that are prohibited in the applicable district. In general application of this Zoning Code, any use or uses not listed as “permitted” or “conditional” uses are prohibited.

(Ord. 2025-03, passed 9-15-2025)

   (B)   Principal permitted uses and structures. The following uses and structures are permitted outright in the R Residential District, subject only to a zoning permit:

      (1)   Single-family detached dwelling units;

      (2)   Condominiums and townhomes;

      (3)   Manufactured homes and mobile homes situated on a permanent foundation;

      (4)   In-Home Daycare providing care for 12 or fewer children;

      (5)   Duplex (2 units);

      (6)   Home occupations meeting the requirements of Section 153.44 of this code.

   (C)   Accessory permitted uses and structures. The following uses and structures are permitted as accessory uses in the R Residential District, subject only to a zoning permit. Structures that are customary and incidental to the primary residential use of the property including, but not necessarily limited to, detached garages, storage/tool sheds, greenhouses, Accessory Dwelling Unit (ADU’s), and workshops.

   (D)   Conditional uses. The following uses and structures are permitted as conditional uses in the R Residential District subject to review and approval following the review provisions of Section 153.36 meeting the specific conditions listed herein and the requirements of Sections 153.43 through 153.54 of the Supplementary Regulations as applicable and obtaining a zoning permit:

      (1)   Multi-family dwelling units containing 3 or more units;

      (2)   Churches and other religious institutions;

      (3)   Community residential facilities;

      (4)   Bed and Breakfast;

      (5)   Short-Term Rental licensed by the State Department of Public Health and Human Services;

      (6)   Libraries, museums and schools;

      (7)   Mobile Home Parks;

      (8)   Youth foster or group homes;

      (9)   Parks and recreational facilities;

      (10)   Keeping of livestock except for verified 4-H projects per Title 9, Chapter 90 of the City Code.

   (E)   Prohibited uses.

      (1)   Commercial and industrial uses. Any and all commercial and industrial uses, except for home occupations within single-family dwellings.

      (2)   Recreational Vehicle Park;

      (3)   Sale of marijuana products.

   (F)   Dimensional standards.

      (1)   Setbacks:

         (a)   Front: Twenty (20) feet;

         (b)   Exterior Side: Ten (10) feet; (c) Rear: Ten (10) feet.

      (2)   Maximum structural height: 30 feet for single-family dwelling structures and 45 feet for multi-family dwelling unit structures;

      (3)   Minimum lot size: 5,000 square feet for existing platted properties and for replatting of platted properties.

      (4)   Minimum street frontage: 50 feet;

      (5)   Off-street parking.

      (6)   Off-street parking for residential uses in the R Residential Zoning District must be provided in accordance with Section 153.49 of this chapter.

      (7)   Fencing. All fencing shall be constructed according to Section 153.50 of this chapter.

(Ord. 2025-03, passed 9-15-2025)

   (B)   Permitted uses. The following uses are permitted within this district:

      (1)   Amusement centers, recreational facilities located in an enclosed building;

      (2)   Auditoriums, theaters;

      (3)   Building materials and equipment sales conducted in an enclosed building;

      (4)   Fraternal clubs and lodges;

      (5)   Convenience stores;

      (6)   Financial institutions;

      (7)   Government, educational, and institutional uses;

      (8)   Hotels, motels;

      (9)   Laundry and dry cleaning establishments;

      (10)   Medical and dentist offices, clinics and laboratories;

      (11)   Museums and art galleries;

      (12)   Nursing homes;

      (13)   Offices: professional, business, administrative, services;

      (14)   Law enforcement, fire stations and emergency services;

      (15)   Libraries;

      (16)   Restaurants;

      (17)   Bars, taverns, lounges, nightclubs, casinos;

      (18)   Retail businesses or services, whose activities primarily are conducted within an enclosed building;

      (19)   Senior citizen centers;

      (20)   Residential units located on the second floor of a building;

      (21)   Live work units; and

      (22)   Other uses commensurate with the above uses and compatible with the purpose of this district.

   (C)   Conditional uses. The following uses and structures are permitted as conditional uses in the CB District subject to review and approval following the review provisions of Section 153.36, obtaining a zoning permit and meeting the specific conditions listed herein:

      (1)   High density residential uses, such as apartments, building of two stories or more;

      (2)   Single-family residential uses;

      (3)   Homeless Shelter or Warming Shelter;

      (4)   Mobile food establishment;

      (5)   Parking areas or parking lots;

      (6)   Sale of marijuana products;

      (7)   Cell towers and other telecommunications facilities. Cell towers and other telecommunications facilities and apparatus are allowed as conditional uses, subject to the following conditions.

         (a)   All telecommunications facilities shall be attached to a building and no towers are permitted.

         (b)   All telecommunications facilities shall observe the setbacks set forth in this section.

         (c)   Collocation is the preferred method of providing a usable cellular signal to potential telecommunications customers.

   (D)   Prohibited uses. The following uses are expressly prohibited in the CB:

      (1)   Adult bookstores, adult retail and adult entertainment;

      (2)   Auto dealerships, auto, truck, and trailer sales of any kind;

      (3)   Mobile home or manufactured home sales of any kind;

      (4)   Tire and auto service of any kind, including quick lube; and,

      (5)   Industrial uses.

   (E)   Accessory uses.

      (1)   Buildings and uses incidental to the principal use;

      (2)   Outdoor/sidewalk dining and drinking establishments (subject to separate zoning permit if conducted on public right-of-way); and

      (3)   Smoke shacks, provided they are located to the rear or non-street side of the primary commercial structure.

   (F)   Temporary uses.

      (1)   Sidewalk sales such as Christmas trees, baked goods, clothing with no permanent structure erected; and

      (2)   Street fairs and festivals.

      (3)   Temporary buildings or structures used for and during construction or grading; Dimensional standards.

      (2)   Setbacks:

         (a)   Front yard: Eight (8) feet from the curb or street pavement;

         (b)   Side yard: No side yard is required; and (c) Rear yard: No rear yard.

      (3)   Maximum structural height: 45 feet;

      (4)   Minimum lot size: None;

   (G)   Off-street parking. Parking in accordance with Section 153.49 of this chapter.

   (H)   Signs. On-site signage is allowed pursuant to Section 153.53 of this chapter.

   (C)   Fencing. All fencing shall be constructed according to Section 153.50 of this chapter.

(Ord. 2025-03, passed 9-15-2025)

   (B)   Permitted uses.

      (1)   Single-family detached dwelling units;

      (2)   Condominiums and townhomes;

      (3)   Manufactured homes and mobile homes on permanent foundations;

      (4)   Daycare home providing care for 12 or fewer children;

      (5)   Duplex (2 units);

      (6)   Multi-family dwelling units containing 3 or more units;

      (7)   Churches and other religious institutions;

      (8)   Community residential facilities;

      (9)   Bed and Breakfast;

      (10)   Live-Work units;

      (11)   Accessory Dwelling Unit (ADU) on individual lots containing an existing single-family dwelling;

      (12)   Libraries, museums, schools;

      (13)   Government and institutional uses;

      (14)   Clubs and lodges including senior centers;

      (15)   Credit unions and other financial institutions;

      (16)   Dining establishments such as coffee shops, ice cream, and cafes;

      (17)   Family daycare and group daycare;

      (18)   Multi-family dwelling units and residential apartments and lofts located on second story above a nonresidential permitted use;

      (19)   Personal services including barber/beauty/style shops, tanning salons, tailoring, dry cleaning/laundry, and shoe/boot building and repair;

      (20)   Professional and agency offices including medical, dental, legal, real estate, mortgage lending, and insurance;

      (21)   Restaurants; and,

      (22)   Specialty retail shops and stores such as florists, antiques, fly and tackle shops, camera and optic, clothing, and office supply and copy.

   (C)   Conditional uses. The following uses and structures are permitted as conditional uses in the MU District subject to review and approval following the review provisions of Section 153.36, obtaining a zoning permit and meeting the specific conditions listed herein:

      (1)   Amusement centers, or recreational facilities located in an enclosed building;

      (2)   Auditoriums, theaters;

      (3)   Drive-through facilities for any use;

      (4)   Government, educational and institutional uses;

      (5)   Law enforcement, fire stations and emergency services;

      (6)   Mobile food establishment;

      (7)   Short Term Rental licensed by the State Department of Public Health and Human Services.

      (8)   Cell towers and other telecommunications facilities. Cell towers and other telecommunications facilities and apparatus are allowed as conditional uses, subject to the following conditions.

         (a)   All telecommunications facilities shall be attached to a building and no towers are permitted.

         (b)   All telecommunications facilities shall observe the setbacks set forth in this section.

         (c)   Collocation is the preferred method of providing a usable cellular signal to potential telecommunications customers.

   (D)   Prohibited uses. The following uses are expressly prohibited in the MU District:

      (1)    Adult bookstores and adult retail;

      (2)   Sale of marijuana products;

      (3)   Boarding or breeding kennels for dogs or other pets;

      (4)   Hotels and motels;

      (5)   Bars, taverns, lounges, night club, casinos; and

      (6)   Vehicle fuel dispensing and sales, with or without retail.

   (E)   Accessory uses.

      (1)    Enclosed storage buildings provided they are located behind (non-street side) of principal building; and Temporary uses.

      (1)   Outdoor/sidewalk dining and drinking establishments and

      (2)   Sidewalk sales.

   (F)   Dimensional standards.

      (1)    Setbacks:

         (a)   Front: 10 feet minimum.

         (b)   Sides: 10 feet; and

         (c)   Rear: 10 feet.

      (2)   Maximum structural height: 30 feet for single-family dwelling structures, 45 feet for multi-family dwelling unit structures and 35 feet for commercial structures;

      (3)   Minimum lot size: 5,000 square feet;

   (F)   Specific District Standards.

      (1)    Off-street parking and loading. Lodging, residential uses and all conditional uses must provide off-street parking in accordance with Section 153.49 of this chapter. All other uses shall provide employee and customer parking to the rear of the principal structure. Off-street parking or loading facilities shall be located to the side or in the rear of the principal structure.

   (G)   Signs. On-site signage is allowed pursuant to 153.53 of this chapter.

   (H)   Fencing. All fencing shall be constructed according to Section 153.50 of this chapter.

   (J)   Conditional uses. In addition to specific standards outlined above, churches and other religious institutions are allowed as conditional uses in the MU District subject to the following conditions:

      (1)   All dimensional standards of the MU District shall be met;

      (2)   All parking shall be to the rear of the primary structure.

(Ord. 2025-03, passed 9-15-2025)

   (B)   Permitted uses.

      (1)   All non-residential uses permitted in the Central Business District (CB);

      (2)   Mobile food establishment;

      (3)   All uses pertaining to automobile and truck sales, service and repair including service stations and car washes;

      (4)   Building equipment and materials - wholesale and retail, including storage yards;

      (5)   Electronic equipment - assembly, repair and sales;

      (6)   Fraternal Lodges, clubs;

      (7)   Meeting halls, auditoriums, arenas, indoor theaters;

      (8)   Motels, hotels, convention centers;

      (9)   Retail and wholesale sales, service and repair - agricultural products, products serving agriculture, farm implements, heavy machinery, mobile homes, travel trailers, recreational vehicles;

      (10)   Restaurants and drive-in eating establishments;

      (11)   Bars, taverns, lounges, nightclubs;

      (12)   Storage facilities;

      (13)   Utilities, public and private;

      (14)   Veterinary office, clinic, hospital;

      (15)   Emergency services including fire protection and police; and,

      (16)   Sale of marijuana products.

   (C)   Conditional uses. The following uses and structures are permitted as conditional uses in the GC District subject to review and approval following the review provisions of Section 153.36, obtaining a zoning permit and meeting the specific conditions listed herein:

      (1)   Agricultural products processing, storage, loading and grain elevators;

      (2)   Cement, concrete and paving products, including mixing plants;

      (3)   Bottling, distribution, manufacturing, and processing centers;

      (4)   Freight terminals - truck or rail;

      (5)   Laboratories - including industrial;

      (6)   Industrial Uses - Contractor yard, manufacturing, fabrication, welding etc.;

      (7)   Manufacturing or processing:(a) products from organic material, chemical, glass, metal, minerals, stones or earth (b) foodstuffs, textiles, electrical components, wood, leather, paper, or plastic;

      (8)   Auto Salvage Yard;

      (9)   Adult bookstores, adult retail and adult entertainment;

      (10)   Telecommunications facilities. Cell towers and other telecommunications facilities and apparatus are allowed as conditional uses, subject to the following conditions.

         (a)   All telecommunications facilities shall observe the setbacks set forth in this section.

         (b)   Collocation is the preferred method of providing a usable cellular signal to potential telecommunications customers. If a new cell tower is proposed, the service provider shall demonstrate why collocation is not possible or practicable.

         (c)   No telecommunications facilities shall impede on-site vehicular or pedestrian circulation or emergency access.

         (d)   Maximum tower height shall not exceed 50 feet. For each additional antennas (array) collocated on an existing tower, the tower height may be increased by ten feet up to a maximum height of 70 feet.

         (e)   Towers shall be sited to minimize visual impacts from nearby residential areas.

      (11)   Other uses commensurate with the above uses and compatible with the purpose of this district.

   (D)   Dimensional standards.

      (1)   The setbacks listed below are minimums, but they may be increased through approval from the Zoning Administrator on a case-by-case basis depending on the need for emergency access:

         (a)   Front: 15 feet;

         (b)   Sides: 15 feet, except side can be zero (0) feet for interior side lot lines where townhouse type platting is used to convey building footprints; and

         (c)   Rear: 15 feet.

      (2)   Maximum structural height: 45 feet;

   (E)   Off-street parking and loading. Off-street parking and loading facilities are required as set forth in Section 153.49.

   (F)   Signs. On-site signage is allowed pursuant to Section 153.53.

   (G)   Fencing. All fencing shall be constructed according to Section 153.50.

(Ord. 2025-03, passed 9-15-2025)

   (B)   Permitted uses. Uses permitted in the PI District include all governmental functions and facilities, including, but not necessarily limited to, the following:

      (1)   Animal shelters;

      (2)   Auditoriums and theaters;

      (3)   Group homes serving disabled persons, half-way houses, adult foster family day care facilities, group day care homes- licensed by MDHES;

      (4)   Community residential facilities;

      (5)   Churches and other religious institutions;

      (6)   Community center/senior center;

      (7)   Day care;

      (8)   Emergency services including fire protection and police;

      (9)   Offices: professional, medical, business administrative, services;

      (10)   Federal, state, and local government buildings and offices;

      (11)   Hospitals and publicly operated clinics;

      (12)   Libraries;

      (13)   Public recreational facilities, such as parks and golf courses;

      (14)   Public and private schools;

      (15)   Local government shop and maintenance yards, state highway maintenance workstations, and material storage facilities; and

      (16)   Utilities and public facilities such as water and wastewater treatment plants.

   (C)   Conditional uses. The following uses and structures are permitted as conditional uses in the PI District subject to review and approval following the review provisions of Section 153.36, obtaining a zoning permit and meeting the specific conditions listed herein:

      (1)   Golf course;

      (2)   Hotel/Motel/Convention center;

      (3)   Telecommunications facilities. Cell towers and other telecommunications facilities and apparatus are allowed as conditional uses, subject to the following conditions.

         (a)   All telecommunications facilities shall observe the setbacks set forth in this section.

         (b)   Collocation is the preferred method of providing a usable cellular signal to potential telecommunications customers. If a new cell tower is proposed, the service provider shall demonstrate why collocation is not possible or practicable.

         (c)   No telecommunications facilities shall impede on-site vehicular or pedestrian circulation or emergency access.

         (d)   Maximum tower height shall not exceed 50 feet.

         (e)   Towers shall be sited to minimize visual impacts from nearby residential areas.

   (D)   Dimensional standards.

      (1)   The setbacks listed below are minimums, but they may be increased if approved by the Zoning Administrator on a case by-case basis depending on the need for emergency access and public health and safety issues:

         (a)   Front: 10 feet;

         (b)   Sides: 10 feet; and

         (c)   Rear: 5 feet.

      (2)   Maximum structural height: 45 feet;

      (3)   Minimum lot size: None.

(Ord. 2025-03, passed 9-15-2025)

   (B)   Permitted uses. Uses permitted in the PR-OL District include all parks and recreational uses, including, but not necessarily limited to, the following:

      (1)   Community Center;

      (2)   Community Garden;

      (3)   Parks, Playgrounds, Recreational Facilities; and,

      (4)   Golf Course.

   (C)   Conditional uses. The following uses and structures are permitted as conditional uses in the PR-OL District subject to review and approval following the review provisions of Section 153.36, obtaining a zoning permit and meeting the specific conditions listed herein:

      (1)   Telecommunications facilities. Cell towers and other telecommunications facilities and apparatus are allowed as conditional uses, subject to the following conditions.

         (a)   All telecommunications facilities shall observe the setbacks set forth in this section.

         (b)   Collocation is the preferred method of providing a usable cellular signal to potential telecommunications customers. If a new cell tower is proposed, the service provider shall demonstrate why collocation is not possible or practicable.

         (c)   No telecommunications facilities shall impede on-site vehicular or pedestrian circulation or emergency access.

         (d)   Maximum tower height shall not exceed 35 feet.

         (e)   Towers shall be sited to minimize visual impacts from nearby residential areas.

(Ord. 2025-03, passed 9-15-2025)

      (1)   Within the districts established by this chapter, lots, structures and uses of land and structures may exist which were lawful at the time this chapter was adopted or amended, but which would be prohibited or regulated under the terms of this chapter or future amendment. The intent of this section is to permit these (pre-existing) nonconformities to continue until they are removed, but not to encourage their survival. This chapter further intends that, unless for ADA retrofitting, nonconformities shall not be enlarged, expanded or extended, nor be used as grounds for adding other structures or uses prohibited elsewhere in the same district.

      (2)   Nonconforming uses are declared by this chapter to be incompatible with permitted uses in the same district. However, to avoid undue hardship, nothing in this chapter shall be deemed to require a change in the plans, construction or designated use of any building on which actual construction was lawfully begun prior to the effective date of adoption or amendment of this chapter and which actual building construction has been carried on diligently. Actual construction is hereby defined to include the placing of construction materials in permanent position and fastened in a permanent manner.

   (B)   Nonconforming lots of record.

      (1)   In any district, notwithstanding other limitations imposed by this chapter, structures permitted in a district may be established on any existing nonconforming single lot of record on the effective date of this chapter, but all structures must meet all bulk requirements (setbacks, building height etc.) of the district.

   (C)   Nonconforming uses of land and structures. Where, on the effective date of this chapter, a lawful use of land or a structure exists which would not be permitted by the regulations imposed by this chapter, the use may be continued where it remains otherwise lawful, provided:

      (1)   A nonconforming use may not be enlarged or increased, nor extended to occupy a greater area of land or structure than was occupied on the effective date of adoption or amendment of this chapter;

      (2)   No nonconforming use may be moved in whole or in part to any portion of the lot or parcel other than that occupied by such use on the effective date of adoption or amendment of this chapter;

      (3)   Should any nonconforming use cease for any reason for a period of more than two (2) years, any subsequent use of the land or structure shall conform to the regulations specified by this chapter for the district in which such land is located; and

      (4)   No additional nonconforming structure shall be erected in connection with such nonconforming use of land or structures.

   (D)   Nonconforming structures. Where a lawful structure exists on the effective date of adoption or amendment of this chapter but becomes nonconforming under the terms of this chapter by reason of restrictions on area, lot coverage, height, yards, location on the lot, or other requirements concerning the structure, such structure may be continued, provided it remains otherwise lawful, subject to the following provisions.

      (1)   A nonconforming structure may not be enlarged or altered in a way which increases its nonconformity, but any structure or portion thereof may be altered to decrease its nonconformity or to meet the requirements of the Americans with Disabilities Act (ADA).

      (2)   Should a nonconforming structure or nonconforming portion of structure be destroyed by any means to an extent of more than 50% of its replacement cost at the time of destruction, it shall not be reconstructed except in compliance with the provisions of this chapter.

      (3)   Should a nonconforming structure be moved for any reason for any distance whatever, it shall thereafter conform to the regulations for the district in which it is located after it is moved.

      (4)   Nothing in this chapter shall be deemed to prevent the routine repair and maintenance of a nonconforming structure.

      (5)   Nothing in this chapter shall be deemed to prevent the strengthening or restoring to a safe condition of any building or part thereof declared to be unsafe by any officials charged with protecting the public safety, upon order of such official.

(Ord. 2025-03, passed 9-15-2025)