A.

At all times, and for all uses, every economically feasible method shall be employed to prevent any manner of operation which is or may become hazardous, noxious or offensive due to the emission of odor, dust, noise, smoke, fumes, particles, vibrations, radiation, glare, refuse matter or water-carried waste.

B.

General industrial uses shall employ the best means known and presently commercially available for the prevention of the above or similar nuisances.

(Ord. 00-1 § 1 (part), 2000: Ord. 53 § 170-1(A), (B), 1978)

At all times, and for all uses, every economically feasible method shall be employed to prevent air, water and soil pollution. These shall conform to the standards prescribed by the Clean Air Act of Montana and existing state and federal statutes and regulations. Conditions and performance standards limiting the conduct of permitted uses may be required in any specified zone or portion thereof where necessary to achieve compatibility of development with surrounding properties or to promote commercial and industrial park development. Any zone or portion thereof where such conditions and standards are to be required shall be established by ordinance and identified on the zoning map by the suffix "L" attached to its zone designation (i.e. "C-1L"), and shall be referred to as a "limited" zone. Hereafter, uses in any zone or portion thereof having the suffix "L" shall be limited and conducted in accordance with the conditions and performance standards set forth in Sections 17.38.030 through 17.38.080.

(Ord. 00-1 § 1 (part), 2000: Ord. 53 § 170-1(C) (part), 1978)

All new industrial, commercial or residential uses shall be designed to detain on-site the two-year, six-hour storm event. All stormwater beyond the two-year, six-hour storm event shall be directed into the public stormwater drainage system or into an approved stormwater detention area. Prior to installation, the stormwater drainage plan is subject to review and approval by the Butte-Silver Bow public works department.

(Ord. 00-1 § 1 (part), 2000)

All 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, C and any limited or M zone. All off-street loading areas shall be located wholly within a building or shall be screened from view from the surrounding properties in R zones.

(Ord. 00-1 § 1 (part), 2000: Ord. 53 § 170-1(C) (1), 1978)

It is the intent of this chapter to enhance the aesthetic value of commercial and industrial development and buffer those uses of land which may have an adverse impact on surrounding land use.

(Ord. 00-1 § 1 (part), 2000: Ord. 306 § 1 (part), 1987: Ord. 258 § 1 (part), 1985: Ord. 100 § 1 (part), 1980: Ord. 53 § 170-35, 1978)

The landscaping requirements of this chapter shall be met in the following zones:

A.

C-1 zone;

B.

C-2 zone;

C.

C-3 zone — parking lots only;

D.

C-M zone;

E.

M-1 zone;

F.

M-2 zone;

G.

OS-C zone;

H.

OS-D zone.

(Ord. 00-1 § 1 (part), 2000: Ord. 306 § 1 (part), 1987: Ord. 258 § 1 (part), 1985: Ord. 53 § 170-36, 1978)

(Ord. No. 10-12, § 43, 1-19-2011)

Landscaping area shall be based on the square footage of the parcel less the square footage of the building or buildings on the site. The landscaping requirement shall be calculated by multiplying the above determined landscaping area by the following percentages:

Parcel less than 22,000 square feet 6%;

Parcel 22,000 square feet to 5 acres 5%;

Parcel over 5 acres 4%.

Of the amount of required landscaping, a minimum of sixty percent shall be live vegetative ground cover of grass or other plant materials. The remaining forty percent maximum may be covered with decorative rock, stone, bark, decorative structural or sculptural elements, etc., and other impermeable features including pedestrian paths, which shall be underlain with approved materials to prevent growth of weeds and this area shall be contained by curbing or other approved methods.

(Ord. 00-1 § 1 (part), 2000: Ord. 306 § 1 (part), 1987: Ord. 258 § 1 (part), 1985: Ord. 100 § 1 (part), 1980: Ord. 53 § 170-37, 1978)

New site development shall provide one hundred percent of the landscaping as defined by this chapter.

(Ord. 00-1 § 1 (part), 2000: Ord. 306 § 1 (part), 1987: Ord. 53 § 170-41, 1978)

Building additions which are equal to twenty-five percent or greater of the total existing building area shall be required to meet the full compliance of this title. Additions which are less than twenty-five percent of the total existing building area shall meet one-third of the total landscaping requirement for the existing building and the addition combined.

(Ord. 00-1 § 1 (part), 2000: Ord. 306 § 1 (part), 1987: Ord. 53 § 170-42, 1978)

All portions of a property not proposed to be improved by building construction or landscaping for new developments or expansions shall be graded and seeded with native grass in a manner as to prevent water erosion, dust and establishment of noxious weeds. Undeveloped portions of properties are subject to the maintenance requirements of 17.38.047.

(Ord. 00-1 § 1 (part), 2000)

Commercial and industrial uses allowed by conditional/special use permit or by use variance shall meet all landscaping requirements defined by this chapter.

(Ord. 00-1 § 1 (part), 2000)

New or improved parking lot construction, with or without an existing building or additional building or additional building construction on the same tract, shall be required to provide twenty-five square feet of landscaping per parking space. Landscaping, including appropriate trees, shall be required in all parking strips, and required front and corner side yards. All remaining portions of the lot lying between the building and the front and side property lines shall be landscaped, or screened. Access and buffering requirements shall apply to such improvements. Parking lot site development shall be approved by the zoning officer. This provision is in addition to the percentage of landscaping required.

(Ord. 00-1 § 1 (part), 2000: Ord. 306 § 1 (part), 1987: Ord. 53 § 170-43, 1978)

Landscaping buffers, properly maintained, shall be provided as follows:

A.

Where the lot adjoins the side property line of a lot in an R zone, there shall be provided trees and shrubs of sufficient height and density to effectively screen the property including a five-foot wide planting strip.

B.

All new commercial or industrial buildings or expansions, which are equal to twenty-five percent or more of the existing floor area, and which are across a street from a residential zone, shall provide a landscaped buffer area a minimum of six feet wide along the perimeter of such lot lines. This landscaped area shall include a visual buffer erected along the inside edge of the landscaped area. The visual buffer may be excluded, provided the developer obtains written approval from adjacent residential landowners. Visual buffer or screens shall not be less than four feet high, except when the zoning officer authorizes a reduction to improve or sustain safe sight distance along alleys, streets or highways.

C.

Where additions or expansion of existing commercial or industrial uses are less than twenty-five percent of the total floor area, and are across a street from a residential zone, a landscaped buffer shall not be required, providing all other requirements of this section have been met.

D.

All new commercial or industrial buildings or expansions, which are equal to fifty percent or more of the existing floor area, and which are across an alley from a residential zone, shall provide a continuous curb six inches above grade along the property line adjacent to the alley. This curb may have one public access approach not to exceed twenty-four feet. The curb may have openings to provide access to residential garages or driveways which are across the alley from such property. These curb openings shall be approved by the zoning enforcement officer. A landscaped area of one square foot per lineal foot of property line adjacent to the alley shall be provided along said property line. This landscaped area may be linear or group planting and shall be approved by the zoning officer. This provision is in addition to the percentage of landscaping required.

E.

To prevent the headlights of vehicles from having a negative impact on residential property owners, all parking lots bordering a residential zone or across the alley or street from a residential zone shall provide a three-foot masonry wall or a solid wood fence along the lineal extent of the adjacent property line.

(Ord. 00-1 § 1 (part), 2000: Ord. 135 § 1(aa), 1981; Ord. 53 § 170-1(C)(2), 1978)

A.

Deciduous Trees. Trees planted in commercial and industrial zones shall have a minimum of a one-inch caliper.

B.

Coniferous Trees. Trees planted in commercial and industrial zones shall have a minimum height of four feet.

C.

Shrubs planted in a commercial or industrial zone shall be a minimum of a three-gallon shrub.

(Ord. 00-1 § 1 (part), 2000)

A.

One three gallon or larger shrub shall be equal to twenty-five square feet of live vegetative ground cover. Shrubs greater than three gallons shall be equal to fifty square feet in area. Coniferous trees equal to four feet in height shall be equal to one hundred fifty square feet of live vegetative ground cover. Coniferous trees taller than four feet in height shall be equal to an additional fifty square feet in landscaping area for each foot in height over four feet. Deciduous trees that are of a one-inch caliper shall be equal to one hundred fifty square feet of live vegetative ground cover. Deciduous trees that are larger than a one-inch caliper shall be equal to an additional fifty square feet in landscaping area for each inch in caliper over one inch.

B.

Current planting specifications are on file in the planning department.

(Ord. 00-1 § 1 (part), 2000: Ord. 306 § 1 (part), 1987: Ord. 258 § 1 (part), 1985: Ord. 225 § 1(E) (part), 1985; Ord. 100 § 1 (part), 1980: Ord. 53 § 170-38, 1978)

Trees shall be the major design element in all landscaping improvements and shall include, specifically, one tree per five parking spaces. This provision is in addition to the percentage of landscaping required. See 17.38.036 for minimum tree size requirements.

(Ord. 00-1 § 1 (part), 2000: Ord. 306 § 1 (part), 1987: Ord. 53 § 170-44, 1978)

A.

All new commercial and industrial uses or expansions which are equal to twenty-five percent or more of the existing floor area shall install sidewalks/curb and gutter along all property lines that are adjacent to a dedicated street. Minimum sidewalk specifications shall be as follows: four-inch concrete depth, three-inch compacted gravel base and width to match the existing sidewalks on the same street. In the instance where there are not sidewalks on the same street, the minimum sidewalk width shall be five feet.

B.

Prior to installation, the sidewalk/curb and gutter location, grade and all other technical specifications must be reviewed and approved by the Butte-Silver Bow department of public works. In the instance where the paving in the public right-of-way has been removed to allow for the sidewalk/curb and gutter, all paving shall be replaced in a manner that matches the grade of the existing paving with the appropriate edge of the curb.

C.

All required sidewalks/curb and gutter are subject to the bonding requirements as per this title.

D.

Required landscaping shall be provided in front and corner yards. Whenever a parking lot is bordered by a public sidewalk, or where any sort of exclusive pedestrian path is included in the parking lot design, at least twenty-five percent of the required landscaping shall be adjacent to the sidewalk or pedestrian paths.

(Ord. 00-1 § 1 (part), 2000: Ord. 306 § 1 (part), 1987: Ord. 53 § 170-45, 1978)

When properties are adjacent to a boulevard, the owner may landscape the boulevard and receive credit for required landscaping. Landscaping of the boulevard shall be approved by the Butte-Silver Bow department of public works and shall be maintained by the owner of such property.

(Ord. 00-1 § 1 (part), 2000: Ord. 306 § 1 (part), 1987: Ord. 53 § 170-46, 1978)

The developer, his or her successor, and/or the property owner shall be responsible for regular weeding, irrigating, pruning and other maintenance of the landscaping, including the replacement of dead trees, shrubs, grass or other vegetation, and the treatment or replacement of those showing signs of disease or damage. The owner shall be responsible for the maintenance of non-live decorative landscaping in a satisfactory and safe condition.

(Ord. 00-1 § 1 (part), 2000: Ord. 306 § 1 (part), 1987: Ord. 53 § 170-47, 1978)

A.

A site plan showing required landscaping shall be submitted to the zoning officer for review and approval for commercial and industrial properties. A site plan shall meet all requirements and intent of this title. A site plan shall include, but not be limited to, the following:

1.

Location of buildings and proposed landscaping drawn to scale. Scale shall be appropriate to the size of the project and meet the approval of the zoning officer;

2.

Location, size, type and condition of proposed and existing vegetation and natural or non-live decorative materials including benches, walks, plaza, lighting, etc.

B.

The approved landscape plan shall not be changed or altered without the approval of the zoning officer. All landscaping shown on the approved plan shall be installed and maintained.

(Ord. 00-1 § 1 (part), 2000: Ord. 306 § 1 (part), 1987: Ord. 53 § 170-48, 1978)

A.

All processing and storage, including storage of waste materials and excavated soil material, shall be conducted wholly within a building or wholly contained within the property boundaries of the property from which it was removed and shall be screened from view from the surrounding properties in R, C and any limited or M zone.

B.

At no time shall soil material be stored or stockpiled within any public right-of-way. This requirement does not apply to street opening related to utility connections.

(Ord. 00-1 § 1 (part), 2000: Ord. 306 § 1 (part), 1987: Ord. 53 § 170-51, 1978)

All commercial and industrial uses shall install an automatic sprinkler system that will irrigate all live vegetation. The required sprinkler system is subject to the bonding requirements as per this title. In addition, the following requirements shall be met:

A.

When the sprinkler system is directly connected to the public water system, approval of the water main connection for irrigation purposes is subject to the review and approval of the Butte-Silver Bow department of public works—water utility division.

B.

All sprinkler systems connected to the public water system shall include the following:

1.

A dual check valve backflow preventer shall be installed on the private line connecting to the public water line (as specified by the Butte-Silver Bow water utility division). This device shall be placed in an appropriate box with lid as specified by the B-SB water utility division;

2.

A water meter shall be installed on the private line connecting to the public water line by a method as specified by the Butte-Silver Bow water utility division. The method of installation shall include shut off valves, bypasses, and meter boxes as appropriate to the installation;

3.

An anti-siphon device shall be installed on the private line connecting to the public water line, on all yard hydrants, and at any location where a hose can be connected to the system, as specified by the Butte-Silver Bow water utility division.

(Ord. 00-1 § 1 (part), 2000)

Before a building permit will be issued for the construction of any industrial or commercial building or addition thereto, the developer or his/her authorized representative shall submit a completion bond to the zoning officer to ensure that the landscaping, sprinkler system and sidewalks as required in this title are properly installed.

(Ord. 00-1 § 1 (part), 2000: Ord. 306 § 1 (part), 1987: Ord. 53 § 170-60, 1978)

When a development site is currently landscaped in a manner that complies with the provisions of this chapter, a landscaping bond shall not be required.

(Ord. 00-1 § 1 (part), 2000: Ord. 306 § 1 (part), 1987: Ord. 53 § 170-61, 1978)

The applicant will be required to bond for all landscaping improvements as required by this title, including the sprinkler system and sidewalk/curb and gutter. The applicant will be required to submit a cost estimate for all required landscaping improvements. The cost estimate must be an actual representation of the total landscaping cost certified by a person or business licensed to perform landscaping in Butte-Silver Bow County. The cost estimate will be subject to review and approval by the zoning enforcement officer and shall be based on one hundred ten percent of the approved cost estimate for all landscaping improvements, including materials and installation.

(Ord. 00-1 § 1 (part), 2000: Ord. 306 § 1 (part), 1987: Ord. 53 § 170-62, 1978)

Completion bonds may be in the form of cash, letter of credit, certificate of deposit or surety bond executed by a company authorized to do business in the state of Montana and will be released only after the zoning officer or his representative has inspected the landscape improvements and found that all required landscaping has been properly installed. Real property bonds will not be accepted as form of bonding.

(Ord. 00-1 § 1 (part), 2000: Ord. 306 § 1 (part), 1987: Ord. 53 § 170-63, 1978)

The installation of landscape improvements shall be completed within twelve months of submittal of the approved bond. Landscaping improvements, for building projects where the length of time of construction will extend beyond the twelve-month period, shall be completed within a length of time as approved by the zoning officer.

(Ord. 00-1 § 1 (part), 2000: Ord. 306 § 1 (part), 1987: Ord. 53 § 170-64, 1978)

The life of a bond is required to be a minimum of one year from the date the bond is accepted by the planning department. The bond life may be extended for a period of one additional year due to an extended construction period or adverse weather conditions.

(Ord. 00-1 § 1 (part), 2000)

Failure to complete the installation of the landscape improvements within the allotted time shall be deemed a forfeiture of the completion bond. When the completion bond is a letter of credit, cash deposit or surety bond, the local government shall utilize such securities to ensure the installation of the landscape improvements.

(Ord. 00-1 § 1 (part), 2000: Ord. 306 § 1 (part), 1987: Ord. 53 § 170-65, 1978)

When all requirements of a bond have been met, ninety percent of the bond will be released. The remaining ten percent will be retained as a maintenance security for the remainder of the two-year bond period. However, if the bond release date falls within October, November, December, January, February, March or April, the release of the bond shall be postponed until the vegetation can be determined to be in good health the following month of May.

(Ord. 00-1 § 1 (part), 2000)

In any limited zone, the board of adjustment may accept and prescribe conditions by plans and written agreement governing the use of property in said zone where such conditions are in the best public interest and necessary to assure compatibility of land uses or orderly planned unit development of specified arrangement and type. Plans and agreements for such proposed planned unit development may be proposed and filed by the owners of the property being rezoned and may include provisions for additional street and utility improvements necessitated by the proposed development, under the provisions of Chapter 17.46.

(Ord. 135 § 1(aa), 1981; Ord. 53 § 170-1(C)(5), 1978)

In recommending a limited zone classification on any land, the board may add such standards and conditions as it may deem necessary to adequately protect properties in and surrounding the specific plot being zoned, including a time limit for substantial construction of the property as authorized by the rezoning. After the time limit has expired, as provided in Section 17.52.020, without the commencement of the use, the land shall automatically be returned to its previous zoning classification before the L-zone classification was granted unless an extension of said time limit is authorized by the board of adjustment.

(Ord. 135 § 1(aa), 1981; Ord. 53 § 170-1(C)(6), 1978)

Any other regulations of this title notwithstanding, in any zone where public water and sanitary facilities are not accessible, the lot area per dwelling unit or family and lot frontage requirements specified for residential uses shall be increased as follows:

A.

Sewerage and Water Not Available. Where both sewerage and public water supply are not accessible:

1.

Minimum lot area, one acre;

2.

Minimum lot frontage, one hundred twenty-five feet.

B.

Sewerage Not Available. Where public water supply is accessible and private connections will be made, but where public sewerage is not accessible:

1.

Minimum lot area, one-half acre;

2.

Minimum lot frontage, eighty feet.

C.

Higher Standards Prevail. Where public water supply and sewerage are accessible in any zone wherein the lot area and frontage requirements are higher than specified in this section, such higher requirements shall still apply as set forth in respective zone regulations of this title.

(Ord. 53 § 170-2, 1978)

No existing structure or use shall be moved to another lot in any zone in Butte-Silver Bow unless such structure or use or the proposed conversion thereof conforms to all regulations of this title, the building code, and amendments thereto, regulating the moving and relocation of buildings.

(Ord. 53 § 170-4, 1978)

Residences in R-2 zones and having a floor area in excess of fifteen hundred square feet exclusive of porches, garages, and basements may be converted to not more than the number of dwelling units permitted in an R-2 zone.

(Ord. 53 § 170-5, 1978)

Special or conditional use permits for uses, other than those specifically allowed in each district, are intended to provide more flexibility for the use of land in each zone where appropriate, but specific safeguards are provided to protect other permitted uses from possible adverse effects.

(Ord. 53 § 170-6(A), 1978)

Application for special or conditional use permits may be initiated by the property owner or his designated representative.

(Ord. 53 § 170-6(B), 1978)

A.

Applications are made by letter to the zoning officer, specifying the intended use;

B.

The zoning officer may request that the applicant provide such information and specifications as may be necessary to evaluate the application.

(Ord. 53 § 170-6(C), 1978)

In reviewing applications for the criteria or amendment of zones, planned variation, special or conditional uses, or special exceptions, due consideration shall be given to the following:

A.

The location, character and natural features of the property;

B.

The location, character and design of adjacent buildings;

C.

Substantial changes that have occurred in the surrounding land uses since the original adoption of the ordinance codified in this title;

D.

Proposed fencing, screening and landscaping;

E.

Proposed vegetation, topography, and natural drainage;

F.

Proposed vehicular access, circulation, and parking, including that relating to bicycles and other unpowered vehicles and provisions for handicapped persons;

G.

Proposed pedestrian circulation, including provisions for handicapped persons;

H.

Proposed signs and lighting;

I.

All potential nuisances;

J.

Public safety and health;

K.

The availability of public utilities and services;

L.

Situations which prevent the utilization of the property for the full range of uses allowed in that district;

M.

The use or zone classification sought would enhance and promote the comprehensive development of the immediate neighborhood, and community;

N.

That the use or classification conforms generally to the objectives of the adopted comprehensive plan and to the purpose of this title;

O.

That the use will promote or not substantially impede the conservation of resources and energy, and the conservation policy of Butte-Silver Bow, state of Montana;

P.

That the use meets the overall density, yard, height, and other requirements of the zone in which it is located;

Q.

That the use or classification will not adversely affect nearby properties or their occupants;

R.

Conformity of the proposed use with the neighborhood plan, if one has been adopted;

S.

Compatibility of proposed project with existing adjacent buildings, structures, neighborhood, topography or other consideration; and

T.

Expressed public opinion relating to the criteria enumerated above, including the views of neighborhood associations.

(Ord. 53 § 170-6(D), 1978)

Within fifteen days after the receipt of the application and all requested information, the zoning officer shall refer the application to the board of adjustment upon which the board shall within sixty days:

A.

Deny the application and give reasons for the denial, in writing, to the applicant; or

B.

Approve the application and the zoning officer shall issue a zoning compliance permit with conditions specified thereon.

(Ord. 135 § 1(ss), 1981; Ord. 54 § 170-6(E), 1978)

Wherever this title authorizes the issuance of a special use permit, the board of adjustment, based on a finding that such use will not be unduly detrimental to other properties and/or contrary to the spirit and intent of this title, it shall be the responsibility of the applicant or petitioner to present evidence to the satisfaction of said body or person, authorized by this title to hear the application, that said undue detriment will not result from the permission requested. In addition to such evidence, the administrative officer or the board of adjustment may consider such other information as it deems to be relevant.

(Ord. 135 § 1(hh), (part), 1981; Ord. 53 § 170-3(C), 1978)

The following uses may be allowed in any zone by special use permit from the board of adjustment after public hearing; provided, that the location thereof is found by the board to be in harmony with proper development; and, provided, reasonable conditions shall be imposed to protect the surrounding property and zone in which such use is to be located: airports; drive-in theaters; art galleries; museums; universities; stadiums; coliseums; hospitals and medical and dental clinics; nursing homes; retirement homes or boarding homes; orphanages; nonprofit institutions for educational, philanthropic, and eleemosynary uses; railroad right-of-ways, provided that no loading, storage, or switching shall be permitted in any R zone; sewerage treatment plants; electric power plants; municipal crematories and refuse dumps; radio and television broadcasting stations and transmitter towers; cemeteries; recreational developments operated by public and private organizations or individuals after a finding by the board that the recreational development will be of benefit to the community; and any use rules by the board to be similar in nature to the uses listed above in this section in that said use possesses peculiar location, design or special problems that need to be reviewed or controlled by a special use permit..

(Ord. 193 § 1(B), 1983; Ord. 135 § 1 (bb)—(ee), 1981; Ord. 53 § 170-3(A), 1978)

Playgrounds, community buildings, and swimming pools to be conducted by nonprofit associations or nonprofit corporations may be allowed by a special use permit from the board of adjustment, after public hearing and examination of the location thereof, and a finding that the use and maintenance of such playground, community building, or swimming pool will not be unduly detrimental to surrounding properties.

(Ord. 135 § 1(ii), 1981; Ord. 53 § 170-3(D), 1978)

Public and private nonprofit schools may be allowed by a special use permit effective ten days after its issuance, which permit may be issued by the board of adjustment upon presentation of evidence satisfactory to the board that the location and development will further the growth of Butte-Silver Bow without undue detriment to surrounding properties; and, provided, that the site area and layout are adequate to permanently accommodate the required off-street parking area, service yards, and reasonable building and playground space.

(Ord. 135 § 1(jj), (kk), 1981; Ord. 53 § 170-3(E), 1978)

Private schools operated for profit, such as music and dance schools, may be allowed by a conditional use permit from the board of adjustment after public hearing and examination of the plans and location thereof, and a finding that the site and proposed development are reasonably consistent with requirements made for public schools by this title, and that such use will not be unduly detrimental to surrounding properties.

(Ord. 135 § 1(ll), 1981; Ord. 53 § 170-3(F), 1978)

Churches and convents may be allowed by a special use permit effective ten days after its issuance, which permit may be issued by the board of adjustment after presentation of plans and evidence satisfactory to the board that the buildings and site layout will harmonize with surrounding architecture and development existing thereabouts and ordinarily found in the zone where said use is to be located, and that the use will not be unduly detrimental to the surrounding properties. Side yards not less than twenty feet in width shall be required. Every portion of such buildings, except superstructures, which exceeds one story in height, shall be set in from the side property lines of adjoining lots in R zones a distance of not less than the height of said portion above the ground, except when said adjoining lots are occupied by nonresidential uses. The off-street parking regulations of this title shall be complied with. Passenger buses operated by the church or convent may be parked on the church or convent site if screened or enclosed in a private garage. Upon granting approval, the board shall forthwith cause a notice stating the nature of the proposal to be posted on the proposed site or the street adjoining and at other nearby conspicuous places.

(Ord. 135 § 1(mm)—(oo), 1981; Ord. 53 § 170-3 (G), 1978)

Essential public service and utility buildings including libraries, fire and police stations, telephone exchanges, regulator and electric substations, and similar uses may be allowed by a special use permit from the board of adjustment; provided, that the board finds the use will not be unduly detrimental to surrounding properties and that the location is found to be essential to servicing the area in which the facility is to be located and in harmony with the comprehensive plan for the use of land in Butte-Silver Bow. The buildings shall harmonize with the surroundings as to type of architecture, setting, and landscaping existing and ordinarily found in the zone where said use is to be located and shall be located on the lot so as to be least detrimental to surrounding properties. The board may impose reasonable conditions as are necessary to protect surrounding properties and to preserve the spirit of this title.

(Ord. 135 § 1(pp)—(rr), 1981; Ord. 53 § 170-3(H), 1978)

Professional and business offices may be allowed in any zone by special use permit provided that the sale of products is not a function of said business, upon a finding by the board of adjustment that the location and development of the property will harmonize with the existing development and that the said use will not be detrimental to the surrounding properties.

(Ord. 193 § 1(A), 1983)

Child day care centers may be allowed in any zone by special use permit from the board of adjustment after public hearing and examination of location thereof, and a finding that the location and development will harmonize with the existing development and that such use will not be detrimental to the surrounding properties.

Child day care centers are also subject to the review and written approval of the state of Montana Department of Health and Human Services, and the Butte-Silver Bow fire, health, and building code departments.

(Ord. 00-9 § 1 (part), 2000)

Townhouse complexes may be allowed in certain residential zones by special use permit; provided, that in the R-l, R-2 and R-4 zones, no more than two single-family units may be constructed using a common wall. Proposed structures having two or more dwelling units are allowed in R-3 zones upon finding by the board of adjustment that the location and development of the property will harmonize with the existing development and that said use will not be detrimental to the surrounding properties.

(Ord. 340 § 1 (part), 1988)

It is the intent of Sections 17.38.270 through 17.38.330 to provide development standards and requirements for seasonal commercial uses and temporary sales facilities. Such standards are established to ensure the promotion of public health, safety, comfort, convenience and general welfare.

(Ord. 219 § 1(A), 1984: Ord. 53 § 170-8(A), 1978)

The following terms when used in Sections 17.38.260 through 17.38.330 shall have the following meanings:

A.

"Itinerant produce merchant" means every person, firm or corporation, acting for himself or itself, or representing any other person, firm or corporation, who or which shall bring into temporary premises within Butte-Silver Bow any goods, wares or articles of merchandise, which are the natural products of the farm, or the natural products of the orchard, vineyard, garden, or apiary, raw or manufactured, and who or which solicits, sells or offers to sell, or exhibits for sale, such goods, wares or articles of merchandise, which are the natural products of the farm, or the natural products of the orchard, vineyard, garden, or apiary, raw or manufactured, at retail, is, within the meaning of this title, an "itinerant produce merchant."

B.

"Seasonal commercial use" means a temporary sales facility which is seasonal in nature such as fireworks stands and Christmas tree sales.

C.

"Temporary premises" within the meaning of this title includes any hotel, motel, roominghouse, warehouse, building or any part of any building whatsoever, tent, vacant lot, parking lot, freight station, railroad car, motor vehicle, or any public or quasi-public place temporarily occupied for such business. If any site is used or licensed for use for more than ninety days in any twelve-month period, such site shall meet the same standards as required of any permanent use.

D.

"Temporary sales facility" means any facility and/or equipment, including vehicles, used by transient retail merchants or itinerant produce merchants, placed on temporary premises and used for retail sales.

E.

"Transient retail merchant" means every person, firm, corporation, acting for himself, or representing any other person, firm or corporation who or which brings into temporary premises within Butte-Silver Bow a stock of goods, wares or articles of merchandise or notions or other articles of trade, including meat and fish, and who or which solicits, sells or offers to sell, or exhibit for sale, such stock of goods, wares or articles of merchandise or notions or other articles of trade, including meat and fish, at retail is a "transient retail merchant." Persons operating small motor vehicles primarily in residential neighborhoods which are constantly in movement except when stopped to make sales shall not be considered transient retail merchants for purposes of Sections 17.38.270 through 17.38.330.

(Ord. 219 § 1(B), 1984: Ord. 53 § 170-8(B), 1978)

The following are exempted from the provisions of Sections 17.38.260 through 17.38.330:

A.

Bona fide charitable or nonprofit organizations occupying temporary premises for a duration of three days or less are exempt from the requirements in Sections 17.38.260 through 17.38.330.

B.

Any merchant who is licensed by Butte-Silver Bow to conduct business at a permanent location may operate a temporary sales facility from temporary premises adjacent to the permanent business location. Such an activity shall be exempt from the requirements in Sections 17.38.260 through 17.38.330; provided, however, that the temporary facility is not operated for more than three days in succession.

C.

Temporary sales facilities as allowed in R-1S (one-family suburban residence) zones and R-4S (mobile home suburban residence) zones are exempt from the requirements in Sections 17.38.260 through 17.38.330.

D.

On-site auction sales are exempt from the requirements in Sections 17.38.260 through 17.38.330; providing the auction lasts no longer than one day, excluding set-up and take-down time.

E.

Temporary uses allowed elsewhere in this title by special or conditional use permit are exempt from the provisions of Sections 17.38.260 through 17.38.330; however, consideration shall be given to the requirements herein when such special or conditional use permit application is considered.

F.

Persons conducting rummage sales and garage sales shall not be considered "transient retail merchants" for the purposes of Sections 17.38.260 through 17.38.330.

G.

Temporary uses occurring on public property after obtaining necessary approval are exempt from the provisions of Sections 17.38.260 through 17.38.330. Temporary sales facilities may be located within the public right-of-way only by approval of the council of commissioners.

(Ord. 219 § 1(C), 1984: Ord. 53 § 170-8(C), 1978)

Transient retail sales or itinerant produce sales shall be permitted only in C-2 (community commercial) and M-1 (light industrial zones). Seasonal commercial uses shall be permitted only in C-2 (community commercial), M-1 (light industrial) and M-2 (heavy industrial) zones.

(Ord. 219 § 1(D), 1984: Ord. 53 § 170-8 (D), 1978)

A.

Facilities and equipment used by transient retail merchants or itinerant produce merchants shall be portable. This requirement shall be deemed met if set-up time does not exceed ten minutes.

B.

Temporary sales facilities shall not be located within the public right-of-way except by approval of the council of commissioners.

C.

The location of the temporary sales facility shall be outside the twenty-five-foot sight triangle described in Section 17.36.040.

D.

A twenty-foot front yard setback shall be maintained.

E.

No temporary sales facility shall locate any apparatus closer than ten feet to a door of any permanent structure.

F.

No temporary sales facility shall be located within fifteen feet of a fire hydrant.

G.

No site shall be occupied continuously for a period greater than seven consecutive days by a transient retail merchant or itinerant produce merchant except, however, seasonal commercial uses may occupy a site for a period not to exceed thirty consecutive days.

H.

Transient retail merchants or itinerant produce merchants shall keep the area of operation free of debris and shall clean the area thoroughly upon ceasing operations. Transient retail merchants or itinerant produce merchants dispensing fast food items shall provide at least one trash container for use by patrons.

I.

The expressed written consent of the property owner shall be presented prior to the issuance of a business license.

J.

Approval of the temporary sales facility shall be obtained from the building inspector and the health department.

(Ord. 219 § 1(E), 1984: Ord. 53 § 170-8(E), 1978)

A.

A minimum of four standard size parking spaces shall be provided and marked in a temporary manner.

B.

Adequate ingress and egress shall be maintained.

C.

Parking lots upon which temporary sales facilities are located must be in compliance with the requirements of Chapters 17.04 and 17.40, except that a license may be issued for a nonpaved lot.

D.

Temporary sales facilities shall be located at least fifteen feet away from any traffic or fire lane in a parking lot. Temporary sales facilities shall be situated so as to minimize pedestrian traffic across any such lanes.

E.

The location of temporary sales facilities shall not interfere with regular parking at the site.

F.

Any site used or licensed for use for a temporary sales facility for more than thirty days in any successive twelve-month period shall be surfaced in accordance with the requirements in Section 17.40.050.

(Ord. 219 § 1(F), 1984: Ord. 53 § 170-8(F), 1978)

Signs advertising the activities of transient retail merchants or itinerant produce merchants shall be attached to the surface of the temporary sales facility. Such signs shall be unlighted and shall not exceed twenty square feet in surface area. Sidewalk signs are not permitted.

(Ord. 219 § 1(G), 1984: Ord. 53 § 170-8(G), 1978)

To ensure compliance with the provisions of Sections 17.38.260 through 17.38.320, applicants for transient retail merchant or itinerant produce merchant licenses shall submit a site plan sketch and/or other information sufficient to determine whether the proposal is in compliance with Sections 17.38.260 through 17.38.320.

(Ord. 219 § 1(H), 1984: Ord. 53 § 170-8(H), 1978)