24 - C-2 COMMUNITY COMMERCIAL ZONE
Sections:
The C-2 zone is intended primarily to accommodate community shopping facilities consisting of varied retail, service and office establishments grouped at locations convenient to Butte-Silver Bow's arterial streets where they can serve a trade area encompassing several neighborhoods usually within a distance of approximately three and one-half miles of such community commercial zoning district. The function of the community commercial zone is to provide a wider selection of goods and services than provided in the less intensive C-1 local commercial zone, and to do so within a shorter driving distance from the home than the C-3 central commercial zoning district. It is further intended that the location and quantity of land in a C-2 zone should be commensurate with the purchasing power and needs of the present and potential population within said trade area.
The intent is that generally, no business frontage therein should extend along any street for a distance greater than one thousand four hundred feet. However, the zoning commission may approve zoning boundaries which exceed these limits where, in its judgment, circumstances warrant and the expectation to achieve proper development is consistent with the purpose of this title and the master plan. It is intended that these community shopping facilities be provided wherever possible in a single business island centrally located in the trade area of business corridors rather than in ribbon or strip development along arterials or in several overdeveloped neighborhood shopping centers. In order to protect the public interest and welfare and where necessary to assure compatibility with the surrounding neighborhood, certain C-2 zones may be identified by the suffix L (limited) with the intent that uses within these districts shall be subject to conditions and performance standards which limit or restrict the conduct of the permitted use.
(Ord. 225 § 1(H) (part), 1985: Ord. 135 § 1(r), 1981: Ord. 53 § 110-1, 1978)
1.
Any use permitted in the C-1 zone;
2.
Any use approved as part of an approved PUD;
3.
Adult uses, including but not limited to adult book stores, adult motion picture theaters, adult mini-motion picture theaters and adult entertainment cabarets providing no such adult use shall be located within four hundred feet of any residential zone nor within six hundred feet of any existing school or place of worship;
4.
Amusement parks, recreation centers, skill device game rooms, including merry-go-rounds, pony riding rings, miniature golf, skating, dancing, ice rinks, bowling, archery ranges, video electronic skill games, billiard tables, and where an accessory use temporary carnivals and similar activities provided that where any such use is located within three hundred feet of any residential zone, a conditional use permit shall be required from the board of adjustment;
5.
Antique stores;
6.
Armories;
7.
Auditoriums;
8.
Automotive repair, including engine repair, custom upholstering and body and fender work provided that such activities are conducted totally within a building and where any such use is located within three hundred feet of any residential zone a conditional use permit shall be required from the zoning board of adjustment;
9.
Automotive sale and supply stores;
10.
Bakery, candy, ice cream and similar food products manufacturing provided that no more than ten persons shall be employed on the premises;
11.
Banks and post offices;
12.
Bath houses and commercial pools;
13.
Boat sales establishments;
14.
Bowling alleys;
15.
Billboards subject to the provisions of Chapter 17.42;
16.
Building supplies and glass stores when all activity and storage is confined within a building;
17.
Bus terminals;
18.
Business colleges and similar uses;
19.
Catering services;
20.
Commercial artists' shops;
21.
Dance studios;
22.
Department stores;
23.
Drive-in eating and drinking establishments;
24.
Drive-in window services including banks, film processing and similar uses;
25.
Dry cleaning and laundry establishments employing not more than ten persons;
26.
Exercise centers;
27.
Film processing and photographic studios;
28.
Floor covering and carpet stores;
29.
Funeral homes;
30.
Furniture stores including incidental repair;
31.
Health and massage salons including barber and beauty shops;
32.
Hotels, motels and motor lodges;
33.
Leather goods stores including manufacturing provided that not more than ten persons shall be employed on the premises;
34.
Lodges, convention centers in conjunction with motels or hotels;
35.
Medical and orthopedic supply stores;
36.
Messenger or telegraph service station;
37.
Motorcycle and motorscooter sales and repair, provided such repair, testing and operating is conducted within a soundproofed building so as not to be detrimental to surrounding properties;
38.
Multifamily residences shall be permitted, except as provided under Section 17.24.040, Conditional uses;
39.
Ministorage; self-storage warehouses intended for the storage of nontoxic, noncombustible goods; provided that all storage be contained wholly within a building and that no materials, vehicles or other items be stored outside;
40.
Museums and art galleries;
41.
Newspaper offices;
42.
Nurseries and commercial greenhouses;
43.
Offices, professional and business;
44.
Office supply stores;
45.
Open sales lots for the sale, rental or display of fruits, vegetables, shrubbery, operable used cars and trucks, luggage trailers, campers, camper trailers not more than twenty-eight feet in length and new mobile homes;
46.
Opticians, including incidental manufacturing;
47.
Pet shops (excluding kennels) including dog grooming;
48.
Printing establishments;
49.
Private clubs;
50.
Public parking garages;
51.
Public service and utility buildings;
52.
Repair and rental shops for furniture, small electrical motors, business machines and household appliances;
53.
Residential apartments on the second floor of commercial businesses shall be permitted, except as provided under Section 17.24.040, Conditional uses;
54.
Restaurants;
55.
Secondhand stores and pawnshops provided no goods shall be displayed outside the building;
56.
Service stations and self-service car wash facilities provided that any such establishment adjoining a lot in an R zone shall be improved in compliance with the regulations in Section 17.22.020. Storage of fuel oil at duly authorized service stations for delivery to the consumer by means of truck may be allowed by a conditional use permit from the zoning board of adjustment upon proof that such storage facility and operation thereof will not be unduly detrimental to surrounding properties and that said storage shall be underground. No truck shall be parked on the premises except during actual refueling operations;
57.
Skating rinks;
58.
Soft water and service establishments;
59.
State liquor stores;
60.
Studios for broadcasting and commercial recording provided that transmitting towers may be allowed by a conditional use permit from the zoning board of adjustment after a finding that such towers will not be unduly detrimental to surrounding uses or properties;
61.
Temporary carnivals and circuses;
62.
Theaters, excluding motion pictures drive-ins;
63.
Tire shops, excluding tire recapping;
64.
Wholesale and mail order offices excluding those establishments whose principle activity is that of a storage warehouse. Limited storage may be conducted on a premises by a conditional use permit from the zoning board of adjustment after a finding that such use will not be unduly detrimental to surrounding properties and that the site is commensurate in size, shape and location to accommodate traffic volumes and parking;
65.
Uses similar to those mentioned above may be permitted subject to the approval of the zoning officer;
66.
Other uses permitted under supplementary use regulations in Sections 17.38.170 through 17.38.240, inclusive, of this title; and accessory uses, buildings and structures ordinarily appurtenant to any of the above permitted uses.
(Ord. 552 § 1 (part), 1996; Ord. 456 § 3, 1993; Ord. 323 § 1, 1988; Ord. 225 § 1(H) (part), 1985: Ord. 164 § 1(B), 1982; Ord. 135 § 1(s), (t), (u), 1981; Ord. 117 § 1(B), 1980; Ord. 53 § 110-2, 1978)
Amusement parks and recreation centers, armories, auditoriums, bars, taverns, nightclubs and casinos serving alcoholic beverages subject to other laws, regulations and ordinances of Butte-Silver Bow and the state of Montana; clinics for large and small animals, dogs, cats, birds and the like may be allowed by a conditional use permit from the board of adjustment; provided, that such clinic and any treatment rooms, cages, wards or runs be maintained within a completely enclosed soundproof building constructed substantially in accordance with standards of the American Animal Hospital Association, and such clinics will be operated in such a way as to produce no objectionable odors or noise outside its walls, or other nuisance or health hazard; drive-in theaters and stadiums; public housing and; correctional housing.
(Ord. 552 § 1 (part), 1996: Ord. 456 § 4, 1993: Ord. 135 § 1(v), 1981; Ord. 53 § 110-3, 1978)
All storage (including storage of waste materials) shall be located wholly within a building or shall be screened from view from the surrounding properties in any R or C zone. In limited zones, uses shall also comply with the conditions in Sections 17.38.010 through 17.38.080.
(Ord. 225 § 1(H) (part), 1985: Ord. 53 § 110-5, 1978)
Building height limits shall be the same as permitted in the R-2 zone; except that multifamily dwelling units within Category II may extend to eighty feet.
(Ord. 53 § 110-6, 1978)
No requirement, except multifamily residences shall be governed by Section 17.14.050.
(Ord. 128 § 1 (part), 1981: Ord. 53 § 110-7, 1978)
No requirement, except multifamily residences shall be governed by Section 17.14.060.
(Ord. 128 § 1 (part), 1981: Ord. 53 § 110-8, 1978)
Minimum front yard depth shall be the same as permitted in the C-1 zones.
(Ord. 53 § 110-9, 1978)
Minimum side yard width shall be the same as permitted in the C-1 zones.
(Ord. 53 § 110-10, 1978)
Minimum rear yard depth shall be the same as permitted in the C-1 zones.
(Ord. 53 § 110-11, 1978)
24 - C-2 COMMUNITY COMMERCIAL ZONE
Sections:
The C-2 zone is intended primarily to accommodate community shopping facilities consisting of varied retail, service and office establishments grouped at locations convenient to Butte-Silver Bow's arterial streets where they can serve a trade area encompassing several neighborhoods usually within a distance of approximately three and one-half miles of such community commercial zoning district. The function of the community commercial zone is to provide a wider selection of goods and services than provided in the less intensive C-1 local commercial zone, and to do so within a shorter driving distance from the home than the C-3 central commercial zoning district. It is further intended that the location and quantity of land in a C-2 zone should be commensurate with the purchasing power and needs of the present and potential population within said trade area.
The intent is that generally, no business frontage therein should extend along any street for a distance greater than one thousand four hundred feet. However, the zoning commission may approve zoning boundaries which exceed these limits where, in its judgment, circumstances warrant and the expectation to achieve proper development is consistent with the purpose of this title and the master plan. It is intended that these community shopping facilities be provided wherever possible in a single business island centrally located in the trade area of business corridors rather than in ribbon or strip development along arterials or in several overdeveloped neighborhood shopping centers. In order to protect the public interest and welfare and where necessary to assure compatibility with the surrounding neighborhood, certain C-2 zones may be identified by the suffix L (limited) with the intent that uses within these districts shall be subject to conditions and performance standards which limit or restrict the conduct of the permitted use.
(Ord. 225 § 1(H) (part), 1985: Ord. 135 § 1(r), 1981: Ord. 53 § 110-1, 1978)
1.
Any use permitted in the C-1 zone;
2.
Any use approved as part of an approved PUD;
3.
Adult uses, including but not limited to adult book stores, adult motion picture theaters, adult mini-motion picture theaters and adult entertainment cabarets providing no such adult use shall be located within four hundred feet of any residential zone nor within six hundred feet of any existing school or place of worship;
4.
Amusement parks, recreation centers, skill device game rooms, including merry-go-rounds, pony riding rings, miniature golf, skating, dancing, ice rinks, bowling, archery ranges, video electronic skill games, billiard tables, and where an accessory use temporary carnivals and similar activities provided that where any such use is located within three hundred feet of any residential zone, a conditional use permit shall be required from the board of adjustment;
5.
Antique stores;
6.
Armories;
7.
Auditoriums;
8.
Automotive repair, including engine repair, custom upholstering and body and fender work provided that such activities are conducted totally within a building and where any such use is located within three hundred feet of any residential zone a conditional use permit shall be required from the zoning board of adjustment;
9.
Automotive sale and supply stores;
10.
Bakery, candy, ice cream and similar food products manufacturing provided that no more than ten persons shall be employed on the premises;
11.
Banks and post offices;
12.
Bath houses and commercial pools;
13.
Boat sales establishments;
14.
Bowling alleys;
15.
Billboards subject to the provisions of Chapter 17.42;
16.
Building supplies and glass stores when all activity and storage is confined within a building;
17.
Bus terminals;
18.
Business colleges and similar uses;
19.
Catering services;
20.
Commercial artists' shops;
21.
Dance studios;
22.
Department stores;
23.
Drive-in eating and drinking establishments;
24.
Drive-in window services including banks, film processing and similar uses;
25.
Dry cleaning and laundry establishments employing not more than ten persons;
26.
Exercise centers;
27.
Film processing and photographic studios;
28.
Floor covering and carpet stores;
29.
Funeral homes;
30.
Furniture stores including incidental repair;
31.
Health and massage salons including barber and beauty shops;
32.
Hotels, motels and motor lodges;
33.
Leather goods stores including manufacturing provided that not more than ten persons shall be employed on the premises;
34.
Lodges, convention centers in conjunction with motels or hotels;
35.
Medical and orthopedic supply stores;
36.
Messenger or telegraph service station;
37.
Motorcycle and motorscooter sales and repair, provided such repair, testing and operating is conducted within a soundproofed building so as not to be detrimental to surrounding properties;
38.
Multifamily residences shall be permitted, except as provided under Section 17.24.040, Conditional uses;
39.
Ministorage; self-storage warehouses intended for the storage of nontoxic, noncombustible goods; provided that all storage be contained wholly within a building and that no materials, vehicles or other items be stored outside;
40.
Museums and art galleries;
41.
Newspaper offices;
42.
Nurseries and commercial greenhouses;
43.
Offices, professional and business;
44.
Office supply stores;
45.
Open sales lots for the sale, rental or display of fruits, vegetables, shrubbery, operable used cars and trucks, luggage trailers, campers, camper trailers not more than twenty-eight feet in length and new mobile homes;
46.
Opticians, including incidental manufacturing;
47.
Pet shops (excluding kennels) including dog grooming;
48.
Printing establishments;
49.
Private clubs;
50.
Public parking garages;
51.
Public service and utility buildings;
52.
Repair and rental shops for furniture, small electrical motors, business machines and household appliances;
53.
Residential apartments on the second floor of commercial businesses shall be permitted, except as provided under Section 17.24.040, Conditional uses;
54.
Restaurants;
55.
Secondhand stores and pawnshops provided no goods shall be displayed outside the building;
56.
Service stations and self-service car wash facilities provided that any such establishment adjoining a lot in an R zone shall be improved in compliance with the regulations in Section 17.22.020. Storage of fuel oil at duly authorized service stations for delivery to the consumer by means of truck may be allowed by a conditional use permit from the zoning board of adjustment upon proof that such storage facility and operation thereof will not be unduly detrimental to surrounding properties and that said storage shall be underground. No truck shall be parked on the premises except during actual refueling operations;
57.
Skating rinks;
58.
Soft water and service establishments;
59.
State liquor stores;
60.
Studios for broadcasting and commercial recording provided that transmitting towers may be allowed by a conditional use permit from the zoning board of adjustment after a finding that such towers will not be unduly detrimental to surrounding uses or properties;
61.
Temporary carnivals and circuses;
62.
Theaters, excluding motion pictures drive-ins;
63.
Tire shops, excluding tire recapping;
64.
Wholesale and mail order offices excluding those establishments whose principle activity is that of a storage warehouse. Limited storage may be conducted on a premises by a conditional use permit from the zoning board of adjustment after a finding that such use will not be unduly detrimental to surrounding properties and that the site is commensurate in size, shape and location to accommodate traffic volumes and parking;
65.
Uses similar to those mentioned above may be permitted subject to the approval of the zoning officer;
66.
Other uses permitted under supplementary use regulations in Sections 17.38.170 through 17.38.240, inclusive, of this title; and accessory uses, buildings and structures ordinarily appurtenant to any of the above permitted uses.
(Ord. 552 § 1 (part), 1996; Ord. 456 § 3, 1993; Ord. 323 § 1, 1988; Ord. 225 § 1(H) (part), 1985: Ord. 164 § 1(B), 1982; Ord. 135 § 1(s), (t), (u), 1981; Ord. 117 § 1(B), 1980; Ord. 53 § 110-2, 1978)
Amusement parks and recreation centers, armories, auditoriums, bars, taverns, nightclubs and casinos serving alcoholic beverages subject to other laws, regulations and ordinances of Butte-Silver Bow and the state of Montana; clinics for large and small animals, dogs, cats, birds and the like may be allowed by a conditional use permit from the board of adjustment; provided, that such clinic and any treatment rooms, cages, wards or runs be maintained within a completely enclosed soundproof building constructed substantially in accordance with standards of the American Animal Hospital Association, and such clinics will be operated in such a way as to produce no objectionable odors or noise outside its walls, or other nuisance or health hazard; drive-in theaters and stadiums; public housing and; correctional housing.
(Ord. 552 § 1 (part), 1996: Ord. 456 § 4, 1993: Ord. 135 § 1(v), 1981; Ord. 53 § 110-3, 1978)
All storage (including storage of waste materials) shall be located wholly within a building or shall be screened from view from the surrounding properties in any R or C zone. In limited zones, uses shall also comply with the conditions in Sections 17.38.010 through 17.38.080.
(Ord. 225 § 1(H) (part), 1985: Ord. 53 § 110-5, 1978)
Building height limits shall be the same as permitted in the R-2 zone; except that multifamily dwelling units within Category II may extend to eighty feet.
(Ord. 53 § 110-6, 1978)
No requirement, except multifamily residences shall be governed by Section 17.14.050.
(Ord. 128 § 1 (part), 1981: Ord. 53 § 110-7, 1978)
No requirement, except multifamily residences shall be governed by Section 17.14.060.
(Ord. 128 § 1 (part), 1981: Ord. 53 § 110-8, 1978)
Minimum front yard depth shall be the same as permitted in the C-1 zones.
(Ord. 53 § 110-9, 1978)
Minimum side yard width shall be the same as permitted in the C-1 zones.
(Ord. 53 § 110-10, 1978)
Minimum rear yard depth shall be the same as permitted in the C-1 zones.
(Ord. 53 § 110-11, 1978)