The C-1 zone is intended primarily to accommodate neighborhood shopping facilities consisting of retail and personal service establishments which secure their principal trade by supplying the daily needs of the population residing within approximately one-half mile of said business center. Only users serving the above purpose without undue detriment to surrounding residences should be permitted. The location and quantity of land in a C-1 zone should be commensurate with the purchasing power and needs of the present and potential population within said neighborhood trade area. The intent is that generally each C-1 zone should contain at least one acre and not more than three acres of usable land, and usually no business frontage therein should extend along any street for a distance greater than six hundred feet. The board of adjustment may exceed these limits of area and/or frontage where, in its judgment, unusual circumstances warrant the exception to achieve proper development consistent with the purpose of this title. It is intended that the shopping facilities of a neighborhood be provided wherever possible in a business island rather than on several sites of one or two lots each scattered throughout the neighborhood, or rather than in ribbons along arterials. Conditions and performance standards limiting the conduct of permitted uses are provided with the intent that they shall be required in certain C-1 zones or portions thereof (identified by the suffix "L").

(Ord. No. 10-12, § 31, 1-19-2011)

Hereafter in the C-1 zone, no building or structure shall be erected, altered, enlarged, or relocated therein which is designed or intended to be used for any other than the following unless otherwise provided in this title:

1.

Any nonresidential use permitted conditionally in the R-1 Zone subject to the same conditions;

2.

Any retail use as long as the use is completely enclosed within a building not larger than five thousand square feet in gross floor area;

3.

Artist galleries;

4.

Bakery, retail only;

5.

Barber and beauty shops;

6.

Bicycle sales and repair shops;

7.

Book and stationery stores;

8.

Business and professional offices;

9.

Catering services;

10.

Christmas tree sales;

11.

Confectionery stores;

12.

Drugstores;

13.

Dry goods stores;

14.

Drycleaning pickup agencies including cleaning and pressing establishments; provided that any solvents used shall be approved by the Butte-Silver Bow Fire Department;

15.

Florists, excluding greenhouses;

16.

Fountains and ice cream stands;

17.

Frozen food rental lockers;

18.

Gift shops;

19.

Grocery, fruit, and vegetable stores;

20.

Hardware and paint stores;

21.

Hobby shops;

22.

Laundry pickup agencies and self-service laundries;

23.

Locksmith;

24.

Meat markets;

25.

Medical and dental offices and offices for the practice of healing sciences licensed by the State of Montana may be allowed by a conditional use permit from the board of adjustment after public hearing and a finding that such use will not be unduly detrimental to surrounding properties;

26.

Newsstands;

27.

Photographic studies and camera shops;

28.

Public service and utility buildings serving the surrounding neighborhood such as fire stations, telephone exchanges and electric substations;

29.

Residential apartments on the second floor of commercial businesses shall be allowed, except as provided under section 17.23.030, Conditional uses;

30.

Service stations may be permitted subject to the following conditions:

a.

An ornamental masonry fence, forty-two inches in height, shall be erected along all side property lines, although to be subject to the fence height requirements of subsection D. of section 17.50.020, and on all rear property lines which adjoin R zones (with or without an intervening alley). Reasonable alley exists are allowable.

b.

Service stations shall comply with the landscaping requirements of section 17.28.040 and, where the masonry fence is required, a five-foot wide strip shall be landscaped with trees adjoining said fence. The remainder of the site shall be paved or landscaped.

c.

The exterior of the building shall be harmonious with its surroundings and shall include some brick, stone, wood or similar material other than metal and glass. If said exterior and/or site improvements are such as to be of doubtful effect on the surroundings, the building inspector shall refer the application for the station to the Board of Adjustment for review.

d.

Lighting shall be directed away from adjoining properties.

e.

Outside operations shall be limited to the dispensing of gas, oil and water, changing tires and similar customary services. There shall be no outside storage of used merchandise unless from public view.

f.

There shall be no vehicle overhauling or disassembling.

g.

The keeping of rental utility trailers not exceeding two may be allowed as accessory to a service station. Such accessory use in excess of two trailers may be allowed only by a conditional use permit from the board of adjustment.

31.

Shoe sales and repair shops;

32.

Sporting goods stores;

33.

Variety and notions stores;

34.

Video electronic skill devices, provided they are installed as an accessory use to any use allowed under this section and, further provided, that no more than three devices are in place at any one time;

35.

Uses similar to those mentioned above may be permitted, subject to approval of the zoning officer;

36.

Other uses permitted under supplementary use regulations in sections 17.38.170 through 17.38.240, and accessory uses, buildings, and structures ordinarily appurtenant to any of the above permitted uses. Nothing in this section shall be interpreted as permitting establishments serving alcoholic beverages for consumption on the premises in the C-1 zone.

(Ord. No. 10-12, § 32, 1-19-2011)

Drive-in restaurants, ministorage warehouses, satellite banks, public housing and correctional housing.

(Ord. No. 10-12, § 33, 1-19-2011)

Whenever a C-1 zone identification has the suffix "L" added thereto, i.e. "C-1L," uses therein shall also comply with the regulations in sections 17.38.010 through 17.38.080.

(Ord. No. 10-12, § 34, 1-19-2011)

A.

All business establishments shall be retail or service establishments dealing directly with the consumers. Products produced on the premises shall be sold at retail on the premises where produced or delivered directly to the consumer.

B.

All businesses (except service stations and drive-ins), processing, and storage (including storage of waste materials), shall be conducted wholly within a building or shall be screened from view from the surrounding properties in R and C zones. All off-street loading areas shall be screened from view from the surrounding properties in R zones, except that no screening of loading areas shall be required along the property line adjoining an alley.

C.

No merchandise shall be displayed out-of-doors in any required front or side yard nor in any street right-of-way.

(Ord. No. 10-12, § 35, 1-19-2011)

Building height limits shall be the same as in the R-2 zone.

(Ord. No. 10-12, § 36, 1-19-2011)

Minimum lot area shall be eight thousand square feet.

(Ord. No. 10-12, § 37, 1-19-2011)

Minimum lot width shall be seventy-five feet.

(Ord. No. 10-12, § 38, 1-19-2011)

When the greatest number of lineal feet of the boundary of the C-1 zone is adjoined by R zones other than R-3, each lot therein shall have a front yard not less than twenty feet in depth. In all other cases there shall be a front yard not less than fifteen feet in depth.

(Ord. No. 10-12, § 39, 1-19-2011)

Minimum side yard width shall be as follows: none required for nonresidential uses except on corner lots along the side flanking a public street in which case there shall be a side yard not less than fifteen feet. When the side property line adjoins the side property line of a lot in an R zone, there shall be a side yard not less than twenty feet.

(Ord. No. 10-12, § 40, 1-19-2011)

Minimum rear yard depth shall be twenty-five feet. For each foot that the front yard is increased over twenty-five feet, the rear yard may be decreased proportionately; except, that where the rear yard adjoins a lot in an R zone, there shall be a minimum rear yard of five feet required adjacent to said side lot line.

(Ord. No. 10-12, § 41, 1-19-2011)

In all C-1 zones, to maintain a development commensurate with residential improvements which exist or are ordinarily found in the surrounding R zones, the parking strips and the front ten feet of the required front yards and the required corner side yards shall be landscaped and properly maintained (driveways excepted). All remaining portions of the lot lying in front of or to the side of the building thereon shall be landscaped and properly maintained or shall be screened or paved. Automatic sprinklers shall be provided covering all landscaped areas.

(Ord. No. 10-12, § 42, 1-19-2011)