The C-M zone is intended primarily to provide a district to accommodate selected commercial retail sales and service facilities and to accommodate a variety of light manufacturing activities including warehousing, storage, distributing, wholesale activities, research laboratories, and similar uses which include development standards so as to be suitable for location within commercial or industrial areas. It is also the intent of this zone to facilitate the reuse and recycling of existing commercial and industrial buildings within the central urban area of Butte-Silver Bow.

(Ord. 214 § 1(B)(125-1), 1984)

A.

C-M zoning districts may be created in areas shown as either community commercial or light industrial on the official zoning map or the comprehensive plan land use map.

B.

C-M districts shall be in contiguous increments of not less than two acres exclusive of streets, except where specifically approved by the zoning commission after a finding that special circumstances warrant a smaller district. All commercial and manufacturing activities shall be conducted totally within a building. However, incidental uses such as outside storage may be permitted providing such activities comply with provisions of subsection B of Section 17.27.040.

C.

New residential uses shall be prohibited. Existing residential uses shall be subject to the provisions of Chapter 17.48.

(Ord. 602 § 1 (part), 1998: Ord. 214 § 1(B)(125-2), 1984)

The following uses are permitted in the C-M zone.

A.

Retail Uses.

1.

Automotive service stations;

2.

Automobile and truck sales with incidental repair and service;

3.

Boat sales with incidental repair and service;

4.

Building supplies, new;

5.

Electrical supplies;

6.

Equipment sales;

7.

Farm implements and machinery sales with incidental repair and service;

8.

Feed and hay sales;

9.

Glass and paint stores including incidental repair and service;

10.

Hardware stores;

11.

Harness and saddle sales and repair;

12.

Mining equipment sales and incidental repair and service;

13.

Ice and dry ice sales and manufacture;

14.

Mobile home sales;

15.

Motorcycle and snowmobile sales with incidental repair and service;

16.

Plumbing supplies;

17.

Tire sales.

B.

Services.

1.

Appliance repairs;

2.

Automotive:

a.

Body and fender shops,

b.

Painting,

c.

Reconditioning,

d.

Repairs,

e.

Tire capping,

f.

Truck repair,

g.

Upholstering;

3.

Auction houses;

4.

Blueprint photocopying;

5.

Boat repairs;

6.

Bus terminal, storage and repair;

7.

Carpet and rug cleaning plants;

8.

Cleaning and dyeing plants;

9.

Employment and union agencies;

10.

Farm equipment and irrigation services;

11.

Laundry (commercial);

12.

Mineral assay offices;

13.

Mining equipment repair;

14.

Newspaper and book publishing;

15.

Offices for any contracting, manufacturing, processing, fabrication, wholesale or distribution facility;

16.

Printing shop, lithography, publishing;

17.

Radiator shop;

18.

Radio and television broadcasting station;

19.

Radio and television repair;

20.

Refrigeration and air conditioning repair and service;

21.

Taxidermist;

22.

Truck terminals;

23.

Wholesale and warehousing facilities including storage garage.

C.

Manufacturing.

1.

Assembly or repair of small electrical and electronic equipment;

2.

Bottling plants;

3.

Cabinet or carpenter shops;

4.

Ceramic products manufacture using only previously pulverized clay and fired in kilns using only gas or electricity;

5.

Custom furniture manufacture and sales;

6.

Furniture upholstery shops;

7.

Laboratories (research and engineering);

8.

Light assembly of previously prepared components;

9.

Light fabrication of metal, i.e. sheetmetal shops, wrought iron products;

10.

Jewelry manufacturing;

11.

Machine shops (no punch presses over five tons or drop hammers);

12.

Manufacturing, compounding, processing, packaging or treatment of products such as:

a.

Bakery goods,

b.

Candy and other confectionery products,

c.

Cosmetics,

d.

Dairy products,

e.

Fruit and vegetable (packaging only and excluding odorous processes),

f.

Pharmaceutical drugs and supplies,

g.

Toiletries;

13.

Manufacture and maintenance of electrical signs (including neon signs);

14.

Mini-warehouses;

15.

Retail lumber yards including incidental mill work. (Outdoor storage and use areas shall be subject to the provisions of Sections 17.38.120 through 17.38.160);

16.

Welding shops including blacksmith and silversmith facilities, providing all use and storage areas are within a building;

17.

Wholesale meat cutting and packaging provided there shall be no slaughtering or fat rendering.

D.

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

E.

All uses permitted under the supplementary use regulations in Chapter 17.38 and structures ordinarily appurtenant to any of the above uses.

(Ord. 214 § 1(B)(125-3), 1984)

A.

Every building in a C-M zone shall be so constructed, the machinery and equipment shall be so installed, and the activities shall be so conducted that all noise, vibration, dust, odor, glare and other objectionable factors shall be confined or reduced to the extent that no annoyance or injury will result to persons residing in the vicinity.

B.

Open storage of materials and equipment may be permitted in a C-M zone only when incidental to the use of an office, store or manufacturing building located on the same lot or property, provided that:

1.

Storage is located on the rear one-half of the lot and is confined to an area not to exceed forty percent of the total lot area.

2.

Storage is completely enclosed by a solid wall or solid fence (including gates) not less than six feet in height.

3.

No materials shall be stored to a height greater than that of the wall or fence enclosing that storage area.

C.

Uses which are customarily accessory and/or incidental to permitted uses shall be permitted.

(Ord. 214 § 1(B)(125-4), 1984)

Existing commercial and light manufacturing lots to which a C-M zone is applied shall have a minimum of four thousand five hundred square feet; provided, however, that commercial and light manufacturing lots created after the effective date of the ordinance codified in this chapter shall have a minimum area of six thousand square feet unless otherwise specifically approved by the zoning commission.

(Ord. 214 § 1(B)(125-5), 1984)

No building constructed in a C-M zone shall exceed three stories or sixty-five feet; provided, however, that existing buildings may be structurally altered and/or additions may be extended in height one story or fifteen feet.

(Ord. 214 § 1(B)(125-6), 1984)

New buildings constructed in the C-M zone shall provide the following buildings setbacks:

A.

Front Yard. Where the front lot line of a C-M district is across the street from a residential zoning district or the C-M district directly adjoins a residential district on one side, the front yard setback requirement of the residential district shall apply. In all other cases, no front yard setback shall be required. Where front yard setback is required in the C-M zone, the yard shall be landscaped and maintained except for approved driveways, walkway or parking.

B.

Side Yard. Where the side lot line of a C-M district adjoins directly to a residential district, the side yard setback for the primary structure of the residential district shall apply. Where the side lot line abuts a public street, a side yard setback of eight feet shall be required. In all other cases, no side yard shall be required.

C.

Rear Yard.

1.

Where the rear lot line is across an alley or street from a residential district, a rear yard setback of fifteen feet shall be required.

2.

Where the C-M district directly adjoins a residential district on one side, the rear yard setback for the primary structure of the residential district shall apply. In all other cases, no rear yard shall be required.

3.

Outside storage may be permitted within a required rear yard setback, providing the storage area meets all other requirements of this chapter.

(Ord. 214 § 1(B)(125-7), 1984)