The purpose of the Rural Industrial zone is to provide a location for heavy or transporta-tion-oriented industry or services and ancillary services plus highway-oriented and service activities proximate to the Interstate 15 interchange.

These uses may require large tracts of land and/or rail access or may benefit from being near the junction of Interstates 15 and 90. Some of the industrial activities may utilize or store hazardous material or produce by-products or final products which are determined to be potentially hazardous, thus requiring special review to ensure their proper placement. A special review is a process established by this chapter to assure the appropriateness of a proposed use by applying conditions which protect the public health, safety, and general welfare and the integrity of the RM-2 zone. Because of the impacts associated with industrial and commercial activities, residential and general retail activities are discouraged from locating within this district while ancillary light industrial uses and commercial activities incidental and related to the industrial uses shall be considered consistent with the purpose and intent of this zone. The applicants and owners of uses permitted within the district shall assure that proper safety measures are in place to protect other properties and users from any hazardous conditions or potential adverse environmental impacts arising from the use.

(Ord. 409 § 3 (part), 1991)

The following table contains the list of uses for the Rural Industrial District (numbers refer to uses as listed in the Standard Industrial Classification Manual, 1987):

Uses similar to those listed above in this section may be permitted, subject to the approval of the zoning officer.

(Ord. 409 § 3 (part), 1991)

(Ord. No. 19-07, § 1, 6-5-2019)

Uses permitted in the "C-3" (Central Commercial) zone and "M-1" (Light Industrial)zone.

(Ord. No. 19-07, § 1, 6-5-2019)

There is no minimum lot size.

(Ord. 409 § 3 (part), 1991)

(Ord. No. 19-07, § 1, 6-5-2019)

Uses in the RM-2 zone shall provide yards as follows:

A.

Minimum front yard depth, fifty feet.

B.

Minimum side yard depth, fifty feet.

C.

Minimum rear yard depth, fifty feet.

D.

Boundary setbacks:

1.

No industrial use structures in the RM-2 zone shall be located within two hundred fifty feet of the RM-2 zone boundary that is adjacent to nonzoned lands or residential or publicly zoned lands.

2.

Structures for commercial uses may be located within one hundred feet of the RM-2 zone boundary that is adjacent to nonzoned lands or residential or publicly zoned lands.

3.

No minimum yard depth required for the property boundary adjacent to a rail spur.

(Ord. 409 § 3 (part), 1991)

(Ord. No. 19-07, § 1, 6-5-2019)

Lot coverage by buildings shall be limited only as yard requirements dictate but no more than fifty percent of the site shall be occupied by buildings.

(Ord. 409 § 3 (part), 1991)

On-premise signs shall comply with the provisions of Chapter 17.42 of this title with the following exception: off-premise signs advertising the Silver Bow Industrial Park shall be permitted incompliance with size provisions of Chapter 17.42.

(Ord. 409 § 3 (part), 1991)

In this zone, uses shall comply with the following requirements and special standards for zoning approval and during subsequent operations. Any inspections or other actions and associated costs necessary to assure that these standards are met are the responsibility of the applicant or his/her consultants.

The following criteria determine appropriateness of a proposed use:

A.

The use shall not create a danger to health or safety in surrounding areas.

B.

The use shall comply with any and all required state and local permits for the disposal, handling, or treatment of hazardous wastes generated by, or on the property with, the use or with requirements of any entity providing sewer or other treatment services.

C.

The use shall meet the lot area, yard, lot coverage, and other requirements of the RM-2 zone or appropriate revisions of these requirements.

D.

The use shall not create any noise measured on a neighboring residential or nonzoned property not under common ownership with the property on which the noise is generated which exceeds the following levels, measured in decibels on the "A" scale of a standard sound level meter having characteristics defined by the American National Standards Institute, Publication S1.4-1971 (db[A]):

1.

When the property on which the noise is measured is in a residential or nonzoned district, a maximum db permitted to occur on a ten-percent-of-the-time basis is an L ₁₀ value of 60db(A).

E.

Earthborne Vibration Standards. No use, operation, or activity, shall cause or create earthborne vibrations in excess of the peak particle velocities prescribed below.

1.

Vibration shall be measured at any RM-2 zone boundary line and such measurements shall not exceed a peak particle velocity of 0.2 inches per second. Where vibration is produced as discrete impulses, and such impulses do not exceed a frequency of one hundred per minute, then the peak particle velocity shall not exceed 0.4 inches per second. The instrument used for these measurements shall be a three component measuring system capable of simultaneous measurement of vibration in three mutually perpendicular directions. The maximum particle velocity shall be the vector sum of the three individual components recorded.

2.

The maximum vibration is given as particle velocity, which may be measured directly with suitable instrumentation or computed on the basis of displacement and frequency. When computed, the following formula shall be used:

P.V. = 6.28 F × D

P.V. = Particle velocity, inches per second

F = Vibration frequency, cycles per second

D = Single amplitude displacement of the vibration, inches

3.

The following sources of vibration are exempt.

a.

Transportation vehicles not under the control of the industrial use.

b.

Temporary construction activity between 7:00 a.m. and 7:00 p.m.

F.

All storage (including storage of waste materials) located on a lot which adjoins a residential zone nonzoned area, shall be located wholly within a building or shall be screened from view from the surrounding properties in adjacent zones. Stored materials shall be screened and fenced to prevent it from blowing onto adjacent land. Similarly, outdoor storage of raw materials shall be located and contained to avoid creation of air pollution or adversely affecting neighboring properties. Storage shall not be permitted in required front yards.

G.

All illumination shall be directed inward to the industrial use.

H.

Provisions for Exceptions. There may be instances where it is not possible or practical to meet the development requirements and special standards for an industry or business. These requirements and special standards may be varied subject to special review process determination of appropriateness and findings of no significant impact.

(Ord. 409 § 3 (part), 1991)

(Ord. No. 19-07, § 1, 6-5-2019)

Landscaping requirements of section 17.38.035 through 17.38.080 shall be met in the RM-2 zone for permitted commercial uses only.

(Ord. 409 § 3 (part), 1991)

(Ord. No. 19-07, § 1, 6-5-2019)

Applicants for permitted uses as listed in Section 17.31.020 shall submit a site plan for review by the zoning officer. An applicant for a use determined to be subject to special review shall submit, as set forth in more detail below, (a) a letter of intent, including a description and statements of how the use will meet the criterial of Section 17.31.110 (b) a site plan and vicinity map, and (c) any other information the applicant believes will support the use application. It is intended that the basic submittal requirements of this chapter will suffice as the basic application and will not have to be replicated. This information shall be used by the zoning officer to determine if the use meets the standards of Section 17.31.110. Additional information may need to be submitted to provide additional essential data in the event of a special review to facilitate zoning commission action. Twelve copies of the following information and materials shall be submitted:

A.

Letter of Intent.

1.

Proof of ownership or certification from the owner of permission to apply for a zoning certificate. Name, address and telephone number shall be included;

2.

Legal description and size of site;

3.

A description of the proposed use, estimated time of construction completion, and a statement of how the proposed use will enhance and promote the comprehensive development of the zone, adjoining properties, and the community. The description shall include potential features including the processing or manufacturing to be performed on the site;

4.

A description of how the proposed use shall not create a danger to health or safety in surrounding areas. This description shall include a description of any natural or manmade potential health or safety impacts and how they will be mitigated or avoided (water, sewage, floodplain, odors, noise, safety, vibration, etc.);

5.

A statement of the availability of public/private utilities and services including the following:

a.

A statement of the anticipated levels of sewage discharge and the proposed disposal method. Will pretreatment be necessary if the sewage is to be disposed of at a central treatment location? Will the facility have adequate capacity?

b.

A statement on the level of expected water needs and the source of supply and capacity of the system. Have state permits been applied for or when are they anticipated?

c.

A statement on the source of police and fire protection and the capacity of such sources to supply sufficient services or equipment.

d.

Anticipated traffic volumes and the adequacy of the road system to accommodate the traffic or the proposed improvements and construction schedule to satisfy the anticipated demand.

6.

A statement of how the use shall comply with any and all required state and local permits for the disposal, handling, or treatment of hazardous wastes generated by, or on the property with, the use or with requirements of any entity providing sewer or other treatment services;

7.

A statement discussing potential noise levels caused by the operation of the proposed use. The use shall not create any noise measured on a neighboring residential or nonzoned property not under common ownership with the property on which the noise is generated which exceeds an L ₁₀ value of 60 db(A) measured in decibels on the "A" scale of a standard sound level meter having characteristics defined by the American National Standards Institute, Publication S1.4-1971 (db[A]). The L ₁₀ value shall be specifically stated;

8.

A statement discussing potential ground vibrations caused by the operation of the proposed use. The use shall not cause ground vibration on a neighboring residential or nonzoned property not under common ownership with the property on which the vibration is generated with peak particle velocities larger than 0.2 inches per second at the RM-2 boundary. The estimated ground vibration shall be specifically stated;

9.

A statement and site plan depicting that all storage (including storage of waste materials) on a lot which adjoins a residential zone or nonzoned area meets the following criteria:

a.

It shall be located wholly within a building or shall be screened from view from the surrounding properties in said adjacent zone,

b.

It shall not occur in required front yards,

c.

If storage of waste occurs, it shall be screened and fenced to prevent it from blowing onto adjacent land,

d.

Outdoor storage of raw materials shall be located and contained to avoid creation of air pollution or adversely affecting neighboring properties;

10.

A statement (also depicted on the site plan) that all illumination of industrial uses whose lot lines are adjacent to residential uses shall be directed inward to the industrial use.

B.

Site Plan(s) and Vicinity Map.

1.

Site plan(s) depicting the following information:

a.

Scale: not less than one inch equals two hundred feet; contours at two-foot intervals for properties with average slopes less than or equal to ten percent, or five-foot intervals for properties with average slopes greater than ten percent; north arrow,

b.

Location on the site of all existing and proposed buildings, parking and open storage areas,

c.

Setback lines, rail access, utility lines, roadway and easements,

d.

Drainage plans (schematic) including projected off-site and on-site storage,

e.

Site features such as water courses, soils, characteristics, groundwater levels and topography;

2.

A vicinity map locating the proposed use within the zoning district.

C.

Any other information the applicant believes will support the use application.

(Ord. 409 § 3 (part), 1991)

(Ord. No. 19-07, § 1, 6-5-2019)

Site plans submitted for permitted uses shall be reviewed for compliance with the standards of Sections 17.31.010 through 17.31.090, and all applicable requirements of Title 17. All new, nonlisted industrial use applications shall be evaluated by the zoning officer for compliance with the requirements and special standards of Section 17.31.110.

A.

The zoning officer shall review submitted information and materials and determine if the proposed use complies with the standards of this chapter.

B.

The proposal and supporting information shall be referred to the following entities where applicable:

1.

Environmental/safety issues—fire marshall, fire district, disaster and emergency services, sheriff, Butte-Silver Bow department of health;

2.

Transportation system—Butte-Silver Bow public works department;

3.

Utilities—electrical, natural gas, and rail service providers;

4.

Air quality—Butte-Silver Bow department of health, Montana Air Quality Bureau;

B.

5 Sewage, water—Butte-Silver Bow department of health, or public works;

6.

Other state, federal, and local government agencies, as necessary.

The zoning officer shall have five work days to review application materials and information of completeness. Upon receipt of a complete application, the zoning officer shall send the application to the above entities as applicable. These entities shall review and return their comments to the zoning officer within five workdays. These entities may request a five workday extension to complete their review. Upon receipt of comments, the zoning officer shall have five workdays to provide a record of decision based upon the review criteria of Section 17.31.110. In no case, unless agreed to by the applicant, may the comment and review period for complete applications be extended beyond fifteen workdays.

(Ord. 409 § 3 (part), 1991)

(Ord. No. 19-07, § 1, 6-5-2019)

A.

If the zoning officer's determination is that the site plan submitted for other than industrial uses complies with the standards of Sections 17.31.010 through 17.31.090, Section 17.31.110 and all applicable requirements of Title 17, the zoning officer shall issue a zoning certificate.

B.

If the zoning officer's determination is that a proposed industrial use meets the standards of this title, the zoning officer shall cause to have published in a newspaper of general circulation in the area public notice of its determination of compliance. The zoning officer shall provide notice of its determination to the applicant. A majority of the zoning commission, of the council of commissioners, or twenty percent of the electors in the Ramsay voting district shall have the right, within ten days of the publication of the notice, to request a special review of the use proposal by the zoning commission for its recommendation to the council of commissioners. The appeal group must provide findings which state how the proposed use does not meet the provisions of Section 17.31.110.

C.

If the zoning officer's determination is that due to the nature and complexity of the use that there are issues identified in Section 17.31.110 which need further review and public input, the zoning officer may require the applicant to submit an application for special review.

D.

If the zoning officer's determination is that the proposed use does not meet the standards of this chapter, the applicant may submit the use application within thirty days to the zoning commission for a public hearing for special review.

(Ord. 409 § 3 (part), 1991)

A.

General. Pursuant to provisions of 17.31.150, applications for nonlisted industrial uses are subject to the special review process. Although the RM-2 zoning district is intended for the types of uses specified in Section 17.31.020, there may be some permitted uses that utilize or store hazardous material or produce byproducts or final products which may have potentially hazardous impacts associated with these activities so as to need special review to ensure their proper placement. In addition, the location, nature of a proposed commercial or industrial use, the character of the surrounding development, traffic capacities of adjacent streets, and potential environmental effects, all may indicate that the circumstances of the development should be individually reviewed.

B.

Special Review Application Fee Required. The applicant shall provide a two hundred fifty dollar filing fee upon submittal of an application for special review.

C.

Zoning Officer Action. The zoning officer, upon request or determination of the need for special review, shall do the following:

1.

Consult with other departments and agencies as necessary to fully evaluate the impact of the use contemplated under the special review application upon public facilities and services;

2.

Study each application with reference to its appropriate needs and effect on existing and proposed land uses and its relationship to the master plan and the specific provisions of this chapter;

3.

Place a notice of time, date, and place of the public hearing in the legal newspaper, fifteen days in advance of the date of the public hearing;

4.

Notify the applicant or agent of the time, date, and place of the public hearing, a minimum of five days in advance of that date;

5.

Place notice of the public hearing on or near the property subject to the special review a minimum of fifteen days in advance of the public hearing; and

6.

Report his or her findings, conclusions, and recommendation to the zoning commission.

D.

Zoning Commission Action. The zoning commission shall consider each special review application in accordance with the provisions of this chapter and hold a public hearing at their next regular meeting for which proper notice may be given. The commission shall: 17.31.160.D.1

1.

Continue the hearing for no more than fifteen days unless an extension is approved by the applicant; or

2.

Recommend approval, conditional approval, or denial of the application for special review and submit its recommendation and written findings of fact to the council of commissioners within fifteen days of the date of their recommendation.

Further the zoning commission shall consider each special review application in accordance with the requirements and specific standards of Section 17.31.110 and may impose modifications or conditions concerning these requirements and specific standards and the following criteria:

1.

The use sought will enhance and promote the comprehensive development of the zone, adjoining properties, and the community.

2.

The use shall not create a burden upon public utilities and services.

E.

Council of Commissioners Action. The council of commissioners, within thirty days of receipt of the zoning commission's recommendation shall:

1.

Approve, conditionally approve, or deny the application for special review based upon written findings thereof; or

2.

Schedule a public hearing for the review of such application. Notice of the hearing shall be published at least seven days prior to the date set for hearing; and

3.

Approve, conditionally approve, or deny the application for special review based upon written findings thereof within a reasonable time after the public hearing not to exceed thirty days.

(Ord. 409 § 3 (part), 1991)

(Ord. No. 19-07, § 1, 6-5-2019)