The purpose of developable open space is to set aside portions of the rural, agricultural, cultural, recreational, natural and restored lands characteristic of Butte-Silver Bow County for passive, active, structured and unstructured recreation, community benefits such as museums, place-based educational opportunities, and natural contrast to the built environment.

(Ord. No. 10-12, § 19, 1-19-2011)

1.

All uses as permitted in the conservation open space district;

2.

Aquatics facilities, including concession and parking areas;

3.

Amphitheaters and stages, permanent or provisional;

4.

Ball fields and playing fields used for sports and appurtenant facilities that accommodate spectators;

5.

Batting cages;

6.

Bike or BMX courses (nonmotorized) may be permitted subject to the following conditions:

a)

Course is fenced off from adjacent land uses;

b)

Proper precautionary protections are in place to protect spectators from injury.

7.

Climbing walls;

8.

Community gardens, botanical gardens and horticultural experiment stations with appurtenant facilities;

9.

Courts, both hard-surface and soft-surface, with appurtenant facilities;

10.

Educational centers, historic museums or interpretive signage for the express purpose of displaying artifacts or information relevant to the site;

11.

Fishing ponds;

12.

Golf courses, including clubhouses and driving ranges;

13.

Horseshoe pits,

14.

Ice-skating rinks;

15.

Maintained trails, trail heads, and trail linkages;

16.

Open lawn areas and multiuse fields;

17.

Parks, playgrounds, and picnic areas, including appurtenant structures and facilities;

18.

Reclamation, preservation, and future management of historic mine yards;

19.

Rest areas;

20.

Running track;

21.

Rights-of-way;

22.

Accessory uses, buildings and structures ordinarily appurtenant to any of the above permitted uses;

23.

Uses similar to those listed in this section may be permitted, subject to the special or condition use regulations in sections 17.38.120 through 17.38.170, inclusive.

(Ord. No. 10-12, § 20, 1-19-2011)

Permitted uses must conform to the following requirements:

a)

All uses shall be designed to meet the International Building Code, the standards of the park and recreational board, the objectives of the historic preservation commission ordinance (title 2, chapter 2.64) and the regional historic preservation plan (1993) and its updates, and all applicable local, state and federal regulations.

b)

All uses shall comply with the regulations in this chapter and in chapters 17.38, 17.40 and 17.42.

c)

Traffic circulation pattern will be designed to assure a safe and smooth flow.

(Ord. No. 10-12, § 21, 1-19-2011)

No building shall exceed two and one-half stories or thirty-five feet in height.

(Ord. No. 10-12, § 22, 1-19-2011)

No requirements.

(Ord. No. 10-12, § 23, 1-19-2011)

The maximum impervious coverage by buildings, roads, and parking area shall be twenty percent. Additional coverage may be allowed if approved by the zoning commission.

(Ord. No. 10-12, § 24, 1-19-2011)

No requirements.

(Ord. No. 10-12, § 25, 1-19-2011)

Minimum front yard depth shall be twenty-five feet.

(Ord. No. 10-12, § 26, 1-19-2011)

Minimum side yard shall be forty feet.

(Ord. No. 10-12, § 27, 1-19-2011)

Minimum rear yard shall be forty feet.

(Ord. No. 10-12, § 28, 1-19-2011)

Adverse impacts on the natural environment shall be mitigated by meeting or exceeding the following design standards:

a)

All structures and roads shall meet the applicable setback standard (i.e. distance from the ordinary high water mark of the water body and any structures) and vegetated buffer standard, in which existing native species may not be removed. Setback distances shall be measured from the ordinary high water mark of the water body and no structure shall be allowed within the setback area.

(1)

Type I watercourses as defined under MCA 23-2-301—Two-hundred-fifty-foot setback, one-hundred-foot buffer;

(2)

Type II watercourses, generally defined as all main tributaries of type I watercourses—Two-hundred-foot setback, seventy-five-foot buffer;

(3)

Type III watercourses, generally defined as all tributaries of type II watercourses; all intermittent streams; and reservoirs - 100 ft setback, 50 ft buffer;

(4)

Type IV watercourses, which for these purposes are considered drainage channels capable of carrying or collecting storm water and snowmelt runoff, and irrigation district canals—Fifty-foot setback, thirty-foot buffer;

(5)

Within a designated urban growth area—Seventy-five-foot setback, thirty-foot buffer.

b)

The following minimum buffer areas must be established from the boundary of a wetland identified by the county, the [U.S.] Army Corps of Engineers, U.S. Fish and Wildlife Service, DNRC, or FWP. Buffers from wetland boundaries within which structures and improvements may not be built, except for those for educational or scientific purposes, include:

(1)

Wetlands of one acre or less—Fifty feet.

(2)

Wetlands of more than one acre—One hundred feet.

(Ord. No. 10-12, § 29, 1-19-2011)