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Butte City Zoning Code

CHAPTER 17

08 - R1-S ONE-FAMILY SUBURBAN RESIDENCE ZONE

Sections:


17.08.010 - Primary intended use.

The R1-S zone is intended primarily to provide for the transition of large, sparsely settled areas from rural or agricultural characteristics to urban one-family residence use, and to provide protecting residential development. To achieve this intent, the regulations of this chapter, and the supplementary regulations in Chapter 17.38 of this title shall apply in the R1-S zone.

(Ord. 53 § 30-1, 1978)

17.08.020 - Permitted uses.

Hereafter in the R1-S zone, no building or structure shall be erected, altered, enlarged, or relocated therein which is designed or intended to be used for any other than the following unless otherwise provided in this title:

A.

Dwelling:

1.

Single-family;

2.

Manufactured homes:

a.

Class A,

b.

Class B,

c.

Modular;

B.

Farming, gardening, fruitgrowing, nurseries, including the sale of products raised on the premises;

C.

Keeping of livestock, fowl, rabbits, and/or bees primarily for personal noncommercial use shall be allowed on any lot, provided that the lot is occupied by a residence and has a lot area not less than the minimum lot area of Section 17.08.050. The maintenance of fish hatcheries, and small animal farms as defined in this title shall be allowed on any lot, provided that the lot is occupied by a residence and has a lot area not less than the minimum lot area of Section 17.08.050. The keeping of swine and the killing and dressing of livestock is prohibited except for personal noncommercial use. Nothing in this section shall be interpreted as permitting the manufacturing of food products for commercial purposes;

D.

Class one and class three kennels as defined in this title shall be allowed on any lot, provided that the lot is occupied by a residence and meets the requirements of Title 6, Section 6.08.030 of the Butte-Silver Bow Municipal Code;

E.

Accessory uses ordinarily appurtenant to any permitted use, including barns, coops, and similar structures provided for the enclosures of animals or fowls shall be located not less than forty feet from any portion of any adjoining lot, with or without an intervening alley, which may be occupied by a residence. Accessory structures, including private garages, shall conform to the setback requirements of Sections 17.08.070 through 17.08.090;

F.

Day care homes, family or group;

G.

Other uses permitted under the supplementary use regulations in Sections 17.38.170 through 17.38.240.

(Ord. 00-9 § 1 (part), 2000; Ord. 437 § 7, 1992; Ord. 358 § 1 (part), 1989; Ord. 201 § 1(C), 1983; Ord. 53 § 30-2, 1978)

(Ord. No. 11-3, § 2, 5-4-2011)

17.08.030 - Conditional uses.

A.

Manufactured Homes Class C as to the provisions of Chapter 17.37.

B.

Commercial greenhouses may be allowed by a conditional use permit from the zoning commission; provided, that the commission finds such use will not be unduly detrimental to surrounding properties and will not impede any substantial trend to residential development in the area.

C.

Removal and dumping of sod, soil, rock, oil, minerals, or similar material for the purpose of sale, fill, building, or other construction usage off the premises from which removed may be allowed by a conditional use permit from the zoning commission; provided, that after public hearing the commission finds the removal and the operation connected therewith will neither be unduly detrimental to surrounding properties because of dust, smoke, noise, hazard, or similar objectionable factor, nor will jeopardize the probable potential use of the site. The permit shall be temporary, conditional, and revocable. Conditions shall be required by the commission as it may deem necessary to eliminate any hazard and any detriment to the site or surrounding properties and zone, and to restore the land so that development of the highest potential use as indicated by this title for the site and surrounding properties and zone will not be impaired. The conditions may include, but shall not be limited to, a performance bond, the confinement of operations to weekdays, and an agreement to rehabilitate the excavation by refilling, recontouring, replacement of subsoil and topsoil, and planting of protective ground cover in order to assure the elimination of such hazard and detriment.

(Ord. 437 § 8, 1992: Ord. 53 § 30-3, 1978)

17.08.040 - Building height limits.

No building shall exceed two and one-half stories nor thirty-five feet in height, except schools, churches, and structures which are part of any use that this title allows by a conditional or special use permit from the zoning commission.

(Ord. 53 § 30-4, 1978)

17.08.050 - Minimum lot area.

Minimum lot area shall be as follows:

A.

Dwellings, one acre; and as applicable under Chapter 17.38;

B.

Other permitted uses, one acre.

(Ord. 53 § 30-5, 1978)

17.08.060 - Minimum lot width.

Minimum lot width shall be one hundred fifty feet.

(Ord. 53 § 30-6, 1978)

17.08.070 - Minimum front yard depth.

Minimum front yard depth shall be twenty-five feet. When fronting on the right-of-way of a major thoroughfare shown on the official major thoroughfare plan, the front yard shall be measured from the proposed right-of-way line.

(Ord. 53 § 30-7, 1978)

17.08.080 - Minimum side yard width.

Minimum side yard width shall be fifteen feet, each side, unless abutting on a side street, in which case the side yard width shall be at least twenty feet including accessory structures.

(Ord. 53 § 30-8, 1978)

17.08.090 - Minimum rear yard depth.

Minimum rear yard depth shall be as follows:

A.

Thirty-five feet for a dwelling;

B.

Other buildings, twenty feet.

(Ord. 53 § 30-9, 1978)