Except as specified in this title, no land, building, structure or premises shall hereafter be used, and no building, structure, or part thereof, shall be located, erected, moved, reconstructed, extended, enlarged or altered except in conformity with the regulations specified in this title for the zone in which it is located; such regulations include but are not limited to, the following: the use of buildings, structures or land, including performance standards for the control of any "dangerous and objectionable elements", as defined in this title, in connection with such use; the height, size, dimensions of buildings or structures; the size or dimensions of lots, yards and other open spaces surrounding buildings; the provision, location, size, improvement and operation of off-street parking, loading and unloading spaces.

(Ord. 53 § 20-5 (A), 1978)

Uses, other than those specifically mentioned in this title as permitted uses, may also be allowed in each of the zones; provided, that in the judgment of the board, as evidenced by resolution of record, such other uses are of similar character to those mentioned and will have no adverse influence or no more adverse influence on adjacent properties or the neighborhood or the community than the permitted uses specifically mentioned for the zone.

(Ord. 53 § 20-5(B), 1978)

Every part of a required yard shall be open from its lowest point to the sky unobstructed, except for the ordinary projections of sills, belt courses, cornices and ornamental features. Ordinary projections of chimney and flues, bay or breast windows not over fifteen feet long, and projecting not more than eighteen inches, may be permitted by the enforcing officer where the same are so placed as not to obstruct the light or ventilation. Open or lattice-enclosed fire escapes, fireproof outside stairways, and balconies opening into fire towers, may project into a yard not more than five feet, but not closer than three feet to the property line.

(Ord. 53 § 20-5(C), 1978)

On any corner lot in which a front yard is required by this title, no wall, fence, or other structure shall be erected, and no hedge, shrub, tree or other growth shall be maintained which will materially impede vision between a height of three and ten feet above the centerline grades of the intersecting streets within the triangle area formed by the intersecting property lines nearest the streets and a straight line joining said property lines at points which are twenty-five feet distant from the point of intersection, measured along said property lines. In case of open wire, see-through fence, the maximum height of four feet shall prevail within the abovementioned triangular area.

(Ord. 312 § 1 (part), 1987: Ord. 235 § 1(A), 1985: Ord. 167 § 1(A, B), 1982; Ord. 90 § 1 (D), 1979; Ord. 53 § 20-5(D), 1978)

On any driveway or alley upon which access is obtained from a public right-of-way, there shall be a vision clearance triangle maintained in which no wall, fence or other structure shall be erected, and no hedge, shrub, tree or other growth will materially impede vision between a height of three and ten feet above the centerline grade of the access and the street. The triangle is measured from the property lines and extends twenty feet parallel to the public right-of-way and ten feet parallel to the driveway or alley. In case of open wire, see-through fence, the maximum height of four feet shall prevail within the abovementioned triangular area.

(Ord. 312 § 1 (part), 1987)

Fences shall not exceed six feet in height in any residential zone. Fences shall not exceed three feet in height (four feet in height for open wire, see-through fence) within the required front yard. Front yard shall be determined by required minimum front yard setbacks. Front yard includes side property lines.

(Ord. 312 § 1 (part), 1987)

In residential zones, fences which are constructed on top of retaining walls are subject to the following provisions when the combined height of the fence and retaining wall exceeds the maximum allowable fence height described in this chapter. In such a case, that portion of the fence which exceeds the permitted height must be constructed of open wire or maintain seventy-five percent or more of the total surface area of that portion of the fence in an open condition when both of the following conditions exist:

A.

The fence is erected on top of a retaining wall or other supporting structure with an average height of eighteen inches or greater; or the fence is erected within five feet of such a structure and the average base height of the fence is eighteen inches or more above the average base height of the supporting structure;

B.

The fence is erected within five feet of a side or rear property line which separates two privately owned parcels. This provision shall not apply to property lines adjacent to publicly owned parcels or properties dedicated for public use.

(Ord. 312 § 1 (part), 1987)

For storage areas incidental to permitted uses in C-2 (community commercial) and C-3 (central commercial) zones as listed in Sections 17.24.020 and 17.26.020, fences may be increased to a height of eight feet upon the decision of the zoning officer providing that vision clearance shall be maintained as required by Sections 17.36.040 and 17.36.041. In C-1 (local commercial) zones, fences surrounding storage areas may be increased to a height greater than eight feet by conditional use permit. Storage material must be screened from public view.

(Ord. 312 § 1 (part), 1987)

In M-1 (light industrial), M-2 (heavy industrial) and C-M (commercial and light industrial) zones, fences may be increased to a height of eight feet upon the decision of the zoning officer for all permitted uses listed in Sections 17.28.020, 17.30.020 and 17.27.030 providing that vision clearance shall be maintained as required by Sections 17.36.040 and 17.36.041.

(Ord. 312 § 1 (part), 1987)

Barbed wire may be used as a portion of a fence in a C-1 (local commercial) zone by conditional use permit and may be used in a C-2 (community commercial), C-3 (central commercial), C-M (commercial and light industrial), M-1 (light industrial) and M-2 (heavy industrial) zone when such material is located not less than eight feet above grade upon the decision of the zoning officer.

(Ord. 312 § 1 (part), 1987)

Barbed wire fences or fences or walls having wire or metal prongs or spikes or cutting points or edges of any kind shall be allowed only in R-C (rural center), R1-S (single-family suburban) and R4-S (mobile home suburban) zones providing that vision clearance shall be maintained as required by Sections 17.36.040 and 17.36.041.

(Ord. 312 § 1 (part), 1987)

Electric fences shall be prohibited except in R-C (rural center), R1-S (single-family suburban) and R4-S (mobile home suburban) zones.

(Ord. 312 § 1 (part), 1987)

Lots which contain any building used in whole or in part for dwelling purposes shall abut at least one street for a distance of at least sixty feet or must have an exclusive unobstructed private easement of access or right-of-way width of at least twenty feet to a street.

(Ord. 53 § 20-5(E), 1978)

In accordance with Chapter 38, Title 11, Section 11-3853, Revised Codes of Montana, as amended, nothing in this title shall be construed to prevent the complete use, development, processing or recovery of any mineral, forest or agricultural resources by the owner thereof.

(Ord. 53 § 20-5(F), 1978)

Buildings, structures or uses of land by a public utility operating under the jurisdiction of the Public Service Commission of Montana in accordance with Chapter 1, Title 70, Revised Codes of Montana, shall be deemed an accessory and incidental use in all zones where such utility structures are necessary to provide service to the customers of the public utility.

(Ord. 53 § 20-5(G), 1978)

Every mobile home located on an individual lot or parcel shall conform to the following criteria, except as otherwise provided in this title:

A.

All mobile homes shall have the tongue and running gear removed, except mobile home units placed in an approved mobile home park.

B.

Skirting shall be installed around the perimeter of all mobile homes and shall be painted or otherwise treated with an exterior covering similar in color and material to the exterior of the mobile home unit. Where the skirting is constructed of concrete or masonry, no special treatment shall be required.

C.

All mobile homes shall meet the development standards of the zone in which it is located.

(Ord. 358 § 1 (part), 1989; Ord. 224 § 1(A), 1984: Ord. 201 § 1(B), 1983: Ord. 53 § 20-5(H), 1978)

Solar collectors, satellite dish antennas and similar or related accessory structures shall be subject to the development requirements of the underlying zone. However, the unique clear access and directional requirements of such structures shall be regarded as grounds for a hardship to be considered in reviewing any zoning application.

(Ord. 236 § 1, 1985: Ord. 53 § 20-5(I), 1978)

Fences shall not exceed six feet in height along the side and rear lot lines and shall not exceed three feet in height (four feet in height for open wire, see- through fence) within the required front yard. For storage areas incidental to permitted uses in C-2 (community commercial) zones as listed in Section 17.24.020, fences may be increased to a height of seven feet upon the decision of the zoning enforcement officer, providing that adequate vision clearance shall be maintained within twenty-five feet at the point of intersection of corner lots of any principal arterial, minor arterial, or collector street designated as such by the Butte-Silver Bow major thoroughfare plan. Storage materials must be adequately screened from public view.

In M-1 (light industrial) and M-2 (heavy industrial) zones, fences may be increased to a height of eight feet upon the decision of the zoning enforcement officer, for all permitted uses listed in Sections 17.28.020 and 17.30.020, providing that adequate vision clearance shall be maintained as designated above. Fences greater than eight feet in height may be allowed by special use permit according to the provisions in Sections 17.38.120 through 17.38.160. Barbed wire fences or fences or walls having wire or metal prongs or spikes or cutting points or edges of any kind whatsoever, shall be prohibited except that barbed wire may be used as a portion of a fence in an industrial zone when such material is located not less than eight feet above grade.

In residential zones, fences which are constructed on top of retaining walls are subject to the following provisions when the combined height of the fence and retaining wall exceeds the maximum allowable fence height described above. In such a case, that portion of the fence which exceeds the permitted height must be constructed of open wire or maintain seventy-five percent or more of the total surface area of that portion of the fence in an open condition when both of the following conditions exist:

A.

The fence is erected on top of a retaining wall or other supporting structure with an average height of eighteen inches or greater; or the fence is erected within five feet of such a structure and the average base height of the fence is eighteen inches or more above the average base height of the supporting structure.

B.

The fence is erected within five feet of a side or rear property line which separates two privately owned parcels. This provision shall not apply to property lines adjacent to publicly owned parcels or properties dedicated for public use.

(Ord. 235 § 1(B), 1985: Ord. 53 § 20-5(J) (part), 1978)

It shall be unlawful to move, remove or demolish any building, headframe or appurtenant mining structure within the boundaries of the historic overlay zone without the review and approval as provided in Chapter 17.33 of this title.

(Ord. 238 § 1(B) (part), 1985: Ord. 53 § 20-5(J) (part), 1978)