A. The city council may amend the zoning jurisdiction regulations and create within the CB-2 district a specific geographic area defined as marijuana business overlay zone.

B. A marijuana dispensary may only be located within a CB-2 district in a location specifically designated marijuana business overlay zone on the official zoning jurisdiction map and in compliance with Montana Code Annotated (MCA) restrictions. The dispensary use may not be within 500 feet of, and on the same street as a building used exclusively as a church, synagogue, or other place of worship or as a school or postsecondary school other than a commercially operated school. This distance must be measured in a straight line from the center of the nearest entrance of the place of worship or school to the nearest entrance of the dispensary premises.

General Provisions. Each permitted accessory use shall:

1. Be customarily incidental to the principal use established to the same lot;
2. Be subordinate to and serve such principal use;
3. Be subordinate in area, extent, and purpose to such principal use;
4. Contribute to the comfort, convenience or necessity of users of such principal use.

The accessory uses, buildings or other structures permitted in each zoning classification may include the following:

1. In the CR-1, CR-2, CR-3, CR-4 and CR-5 zones:
   1. Fences;
   2. Private garages and sheds for the storage or maintenance of recreation and yard equipment used on the premises;
   3. Private greenhouses, vegetable, fruit or flower garden;
   4. Structures for the shelter of household pets except kennels;
   5. Noncommercial communication towers and satellite receiving devices when located in the rear yard;
   6. Gazebos, enclosed patios and similar buildings for recreational use;
   7. Roadside stands in a CR-1 zone only for the sale of produce grown on the premises provided that such a stand shall not contain more than six hundred square feet of floor area, the stand is located not less than twenty feet from a street and access to the stand is from an entrance to the farm or residence;
   8. Private recreational uses and facilities including but not limited to swimming pools and tennis courts;
   9. Signs;
   10. Off-street parking;
   11. RVs used as guest quarters for stays not exceeding two weeks.
2. In the CSAG-20, CSAG-10 and CSAG-5 zones, usual agricultural buildings (barns, silos, corrals, etc.) shall be considered accessory uses to operating farms and ranches but shall conform to the setback requirements;
3. In the CRA-1 zone, in addition to the accessory uses included in subsection (B)(1) of this section, non-commercial domestic storage buildings associated with multi-family dwellings and off-street loading shall be permitted;
4. In the CB and CP zones:
   1. Storage buildings incidental to the primary use;
   2. Signs;
   3. Off-street parking;
   4. Fences;
   5. Uses incidental to permitted hotels such as clubs, gift shops, restaurant, etc.;
5. In the CI zones:
   1. Offices;
   2. Employee cafeteria;
   3. Watchman's quarters;
   4. Signs;
   5. Parking and loading.

The following is a list of restrictions on accessory uses and structures:

1. In CR zones, there shall be no storage or overnight parking of trucks, buses, or other vehicles with a manufacturers rating of more than two tons;
2. No accessory structures except fences, walls, or hedges shall be constructed in any front yard. Accessory buildings shall not be located any closer than five feet to a rear or side lot line in zoning districts with setback requirements; except storage shed with an area 120 square feet or less.
3. Accessory buildings in a commercial or industrial district shall comply to the setback requirements for principal buildings when located adjacent to a residential use or district.
4. On corner lots, accessory structures and uses shall conform to the setback requirements on both street frontages.
5. Accessory buildings shall not cover more than twenty-five percent of any rear yard in CR zones.
6. When a garage or carport is entered from an alley, it shall not be located closer than ten feet from the alley right-of-way line.
7. Accessory buildings shall not exceed a height of twenty-two (22) feet in CR zones or the maximum height permitted for a principal building in other zones.
8. Attached accessory buildings shall be located pursuant to the requirements for principal buildings.
9. No accessory structure or use shall be constructed or established on any lot prior to the time of the substantial completion of the construction of the principal structure to which it is an accessory.

1. An accessory apartment is limited to 800 square feet. The accessory apartment may be located within the primary residence such as attic or basement. If an accessory apartment is located in a detached garage or stand-alone structure, it shall be located rear of the front of the house.
2. Lots or parcels where accessory apartments are proposed shall be compliant with minimum lots sizes and the accessory apartment shall meet setbacks for accessory structures. Only one accessory apartment is allowed per lot of record.
3. Accessory Apartments shall be rented for a period of not less than one month unless the property owner has received an Administrative Conditional Use Permit for Vacation Rentals pursuant to Chapter 18.445.
4. One off-street parking space must be provided for the accessory apartment in addition to the parking required for the primary dwelling, in accordance with the parking and loading provision of this title.
5. An accessory apartment that will exceed 800 square feet is subject to a Conditional Use Permit pursuant to Chapter 18.210.

Animals boarded overnight shall be kept in climate-controlled, soundproofed buildings.

Where facilities are not climate-controlled or soundproofed, no partially or fully enclosed structure or fenced open area used to board animals shall be closer than one hundred (100) feet to an adjacent property line.

Animal excreta shall be removed from the site daily or as otherwise necessary to avoid the spread of objectionable odors, insects, pests, and objectionable surface drainage.

The operation of a bed and breakfast establishment shall be limited to single-family houses. Preference is given to houses on or eligible to be placed on the National Register of Historic Places.

Preference is given to bed and breakfast uses on collector and arterial streets.

The residential structure shall not be significantly modified to provide additional sleeping rooms or exhibit a nonresidential appearance.

Signage shall be architecturally compatible to the residence and shall not flash, rotate, or blink.

A family or manager must be in permanent residence and maintain full use of the kitchen and at least one bedroom.

Sleeping quarters and breakfast facilities shall not be allowed in accessory buildings.

Overnight lodgers shall not have direct access to cooking facilities, although the permanent residents of the dwelling may provide breakfast service to the guests.

Use of the residential structure shall be limited to the exclusive use of the resident dwellers and their overnight guests. No other use such as a restaurant, bar, or other use which attracts nonboarding customers is permitted. No alcoholic beverages shall be sold on the premises.

A clear vision triangle, as defined in Section 18.608.050, shall be maintained on the corners of all public and private property by the owners of such property, whether private or public, around the intersection of roadways or of a roadway and a railroad. The clear vision triangle shall contain no trees, shrubs or other plantings; no fences, walls, signs or other temporary or permanent sight obstructions of any nature exceeding thirty-six inches in height above the existing centerline elevation of the adjacent roadway, except that trees exceeding thirty-six inches in height may be permitted if all branches and foliage be removed to a height of nine feet above the existing centerline of the adjacent roadway.

1. When the agency receives a complaint that a violation of the clear vision triangle requirements exists, the agency shall inspect the property alleged to be in violation of this chapter. Upon inspection the agency shall make determinations as to the existence of a violation of this chapter.
2. If there appears to be a violation of this chapter, the agency shall notify the owner of the property in writing of the alleged violation. This notice shall be sent by certified mail. This notice shall include a statement specifically describing the violation.
3. The owner shall after notification of violation submit a plan of abatement to the agency which shall include:
   1. Type or method of abatement;
   2. Date for commencement of action; and
   3. If abatement is not to commence within thirty days, the reason therefor. The agency may accept such plan and defer further proceedings under this chapter pending abatement.
4. The notice of violation to the owner shall specify that the owner has thirty days from receipt of such notice to become compliant with this chapter by means of removal of the conditions causing the violation.
5. After thirty days following the mailing of the notice of violation, the agency shall make a determination as to whether the violation has been abated by the owners.
6. If the owner has failed to act, the agency shall submit its determinations and findings to the City Attorney, who shall conduct a good faith factual and legal review and may in its sole discretion file charges against the owner for violation of this chapter in the City Court or other court of competent jurisdiction requesting a hearing wherein the owner shall appear to show cause why the violation has not been abated.
7. The owner shall be provided with notice of the time and date set for the hearing requested by the City Attorney under Subsection F above.
8. A show cause hearing will be held by the presiding judge. Both the city agency and the owner may give evidence. At the end of the hearing the judge shall determine if the violation in fact exists, and if proper notification was made and the violation exists, the owner shall be ordered to abate it within a reasonable time.
9. If after a judgment and order by the City Court or other court of competent jurisdiction against the owner for violation of this chapter directing the owner to abate the violation the owner has not complied with the court-ordered abatement, the agency may send written notification by mail to the owner of such failure and allow ten days further to complete abatement. After ten days following the mailing of such notification, the agency may enter upon the owner’s property with the specific purpose of abating the violation in a manner the agency deems appropriate.
10. The agency may assess the property owner/user for the actual costs of the abatement by the agency.
11. Nonpayment of the assessment may be taken as a lien upon the property and is enforceable as is nonpayment of property taxes.

This chapter applies to the whole of the City of Columbia Falls and its extraterritorial jurisdiction.

A lot, as defined, shall be subject to the following special regulations:

1. Where two or more lots are used as a building site and where main buildings cross lot lines, then the entire area shall be considered as one lot; except that the front of the parcel shall be determined to be the front of the individual lots as platted, subdivided, or laid out.
2. For the siting of dwellings for rent or lease, contiguous tracts under single ownership shall be considered to be one lot.

Day care facilities must provide adequate drop-off and pick-up areas. This shall be based on the maximum number of individuals cared for at a single time. There shall be twenty feet of signed drop-off/pick-up area for every eight individuals.

Where outside play facilities are provided, there shall be maintained a six foot sight-obscuring fence around the play area and the play area should be situated in the rear half of the site.

In all residential (CR-1 through CR-5) and resort (CB-5) zones:

1. Existing residential structures shall not be significantly modified so as to exhibit a nonresidential appearance;
2. Signage shall be architecturally compatible with the primary building and shall not flash, rotate, or blink; and
3. Preference is given to day care centers located on collector or arterial streets.

A family hardship dwelling may consist of a mobile home as a second residence on a single tract of land wherein a family member whose health necessitates continual care resides. The family hardship dwelling may receive a permit under this section for a period of not more than one year, subject to renewal by the building inspector. At the time the permit expires, the temporary use and all appurtenances thereto shall be moved from the property forthwith.

Height limitations of fences in the various zoning districts are designated in Chapters 18.317 through 18.352 and herein this section.

Open wire fences exceeding the designated height may be built around schools or other public or quasi-public institutions when necessary for the safety or restraint of the occupants thereof.

Open wire fences exceeding the designated height may be built around tennis courts and swimming pools at the discretion of the zoning administrator after giving consideration to location of planned courts, pool safety, and effects on the neighborhood.

Security fences are allowed in side and rear yards up to eight feet in height when used to enclose commercial or industrial storage yards.

In commercial zones that allow a front or side-corner fence, a security fence is allowed in the front yard if they are more than twenty (20) feet back of the front property line, if the frontage is fifty (50) feet or less and one addition foot setback for each ten (10) feet of frontage to a maximum of thirty (30) feet required setback. A security fence is allowed in the side-corner yard if they are more than fifteen (15) feet back of the side- corner property line if the frontage is fifty (50) feet or less and one addition foot setback for each twenty-five (25) feet of frontage to a maximum of thirty (30) feet required setback. Front and side-corner shall not exceed six (6) feet in height.

Barbed wire fences are allowed only in the CSAG-20, CSAG-10, and CR-l zones. Furthermore, they may be allowed along the boundary of any district which directly abuts one of the above zones.

Fences conditionally permitted, in front or side-corner yards, in commercial zones shall mitigate the appearance of the fence to complement the appearance of the on-site and adjacent property. Mitigation may be landscaping between the property line and fence or other approved measures.

Fences in commercial zones, that would require a conditional use permit if constructed under this section, in existence prior to September 6, 2007, are recognized as illegal non-conforming fences. These fences may continue as currently constructed provided they remain in serviceable condition. Any portion of fence that is damaged for 50% or more of its length or 50% or more of its replacement cost, or removed for any reason except for minor maintenance, shall not be repaired or replaced unless it conforms thereafter. If 50% or more of the entire fence on any front or any side corner is damaged, or requires more than minor repairs or is removed, then the entire fence on that side shall be made to conform. When the property changes ownership, in whole or part, the entire fenced shall conform.

All home occupations shall register with the city clerk.

Home occupations are permitted in any dwelling unit, subject to the following provisions:

1. Not more than one person other than members of a family residing on the premises shall be engaged in such occupation. If more than one non-family member is to be engaged in such occupation, a conditional use permit is required.
2. The use of the dwelling unit shall be clearly incidental and subordinate to its use for residential purposes by its occupants. Not more than an area equal to one-fourth of the gross floor area of the primary residence shall be used for the home occupation. If an accessory building is proposed for use, only an area not to exceed one-fourth of the gross floor area of the primary residence shall be used. Additional area in both cases is allowed only by granting of a conditional use permit.
3. No exterior display, including window displays, shall be permitted.
4. No outdoor storage shall be permitted.
5. Exterior signs shall be restricted to those permitted in the zone in which the home occupation is located.
6. There shall be no other exterior indication of the home occupation.
7. No home occupation shall be conducted in such a manner, and/or no materials or mechanical equipment shall be used, which will be detrimental to the residential use of said residence or cause a nuisance to surrounding residences, because of vibration, noise, dust, smoke, odor, interference with radio or television reception, or other factor.
8. Any need for parking generated by the conduct of such home occupation shall be met off the street and other than in a required front or side yard.
9. The home occupation shall not generate pedestrian or vehicle traffic in excess of that which is characteristic of the neighborhood in which it is located. Vehicle traffic would not be increased by more than one at a given time or by more than eight all day.
10. No home occupation shall generate as a by- product for disposal or cause to be dumped in a city sewer any hazardous waste including chemicals and cleaners, other than the volume and types that would be normally generated by a typical single family home.
11. No home occupation shall cause an increase in any one or more utilities (water, sewer, garbage) so that the combined total use for dwelling and home occupation purposes exceeds the average for residences in the neighborhood.

Use limitations. An occupation which does not comply with the above criteria shall not be deemed a home occupation.

The intent of these standards is to establish minimum requirements to protect public health, safety and welfare by separating incompatible or different uses at the boundary between them by requiring landscape buffers along the shared border.

Where an industrial property is located within one hundred (100) feet of the property line or right-of-way, if the right-of-way is less than or equal to sixty (60) feet, of a commercial or residential district and the use includes or will include any of the following:

1. parking lots, greater than twenty (20) spaces;
2. vehicle or equipment travel surfaces with more than one hundred (100) trips per day on a paved surface or more than twenty (20) trips per day on an unpaved surface;
3. buildings with a floor area greater than 1,000 square feet and higher than ten (10) feet, except building where the predominate portion fronting the border is used for offices or customer service area and the facade reasonably complies with commercial façade standards; or
4. unenclosed storage more than five (5) feet high or any height when closer than fifty (50) feet of the border.

1. Site(s) within industrial districts that existed prior to the enactment date of this section and upon which the uses described herein already exist, shall install approved buffer landscaping within ten years after notice from the City Zoning Administrator.
2. Site(s) within industrial districts that existed prior to the enactment date of this section and upon which none of the uses described herein existed on said date, and areas newly zoned an industrial district, shall install approved buffer landscaping within one year after the border area is used for any of the activities described herein.

1. A design plan shall be submitted to the Zoning Administrator for review not less than thirty (30) days prior to the installation of a buffer. Within thirty (30) days after submittal, the department shall review, modify, approve or deny the plan.
2. The plan shall describe with text and drawings where and what will be installed to mitigate the impact on neighboring properties.
3. Buffer Components
   1. The buffer shall provide living plant landscaping and may incorporate natural and manmade features – such as a path, planter and boulders- and fencing.
   2. Plant landscaping shall include trees or scrubs and ground cover.
      1. At least 50% of the trees must be conifers.
      2. Ground cover may be plants or non-living cover and may include a path, provided the path is at the outer edge of the perimeter and the living buffer components are at least ten (10) feet wide measured toward the industrial site.
   3. When the vertical components of the buffer include a fence, the fence shall be located on the industrial side of the buffer.
   4. Perimeter landscaping shall meet the following minimum width requirements:
      1. width is measured horizontal and perpendicular to the property line;
      2. where the industrial area is predominately used for parking, internal travel lanes or building(s), less than ten (10) feet in height, and the use occurs within the first one hundred (100) feet inside the perimeter, the buffer width shall be not less than ten (10) feet.
      3. where the industrial area is predominately used for building(s), higher than ten (10) feet, or unenclosed storage, and the use occurs within the first one hundred (100) feet inside the perimeter, the buffer width shall be not less than twenty (20) feet.
4. Buffer Performance
   1. The buffer shall be installed at the perimeter of the industrial property.
   2. The vertical components of the buffer must include living elements that have a height of at least six (6) feet when planted and achieve a height of not less than ten (10) feet above the base elevation within seven (7) years after installation. The base elevation shall be either:
      1. the center line elevation of the shared right-of-way – if the shared element is a right-of-way and the right-of-way is not more than three (3) feet above the perimeter elevation; or
      2. the elevation of the shared property line boundary.
   3. The buffer shall provide a view screen that blocks not less than 70% of the view.
      1. View is from a point forty (40) feet outside the buffer – measured horizontal and perpendicular to the buffer- and six (6) feet above the base elevation.
      2. The view screen must be reasonably continuous from three (3) feet above the immediate ground elevation to a minimum height of six (6) feet when planted and ten (10) feet at maturity.
      3. At least 50% of the view screen must be provided by vertical components consisting of the living plant elements of the buffer.
      4. This blocking capacity must be present in all seasons.
5. Buffer Maintenance
   1. The buffer shall be installed within nine months after plan approval or the nearest planting season, whichever is the shortest period of time.
   2. The buffer shall be maintained; replaced components must reasonably conform to approved plan or a new plan must be submitted and approved.
   3. Components that fail shall be replaced immediately, if other than living components, or at the start of the immediately available growing season, if a living component.

The intent of these standards is to establish minimum requirements to protect public health, safety and welfare and to help create an attractive façade by reducing the mass of large buildings, creating structures in scale with existing development, and creating a pedestrian friendly environment, compatible with its surrounding area and contributes to the unique community character of Columbia Falls.

The Conditional Use Permit may recognize that certain uses may not be able to meet these standards. In such instances, the Conditional Use Permit may allow alternative landscaping and site layout to be utilized to mitigate the perceived mass and visual impacts of the large building.

1. If a building façade exceeds 60 feet in length, it shall be broken down into smaller elements by recessing or projecting the wall in or out a minimum of two (2) feet for at least (10) feet in length, or by adding an element such as a porch, recessed entry, bay window, projecting trellis or similar substantial architectural feature at intervals so that no continuous wall plane is more than 60 feet in length.
2. The portion of the building within public view shall incorporate human-scale elements such as windows, arcades, lower roof overhangs, awnings, or architectural features.
3. The design shall provide architectural features that contribute to visual interest at the pedestrian scale and reduce the massive scale effect by breaking up the building wall, front, side, or rear, with color, texture change, and repeating wall offsets, reveals, or projecting ribs.

1. Parapets shall conceal flat roofs and rooftop equipment such as HVAC units from public view extending out to the site perimeter.
2. The average height of such parapets shall not exceed 15% of the height of the supporting wall and such parapets shall not at any point exceed one-third of the height of the supporting wall. Such parapets shall feature one of the following:
3. Three dimensional cornice treatment.
4. Overhanging eaves, extending no less than 3 feet past the supporting walls.
5. Sloping roofs that do not exceed the average height of the supporting walls, with an average slope greater than or equal to 1 foot of vertical rise for every 3 feet of horizontal run and less than or equal to 1 foot of vertical rise for every 1 foot of horizontal run.
6. Three or more roof slope planes.

1. Each principal building on a site shall have clearly defined, highly visible customer entrance featuring no less than three of the following:
   1. Canopies or porticos
   2. Overhangs
   3. Recesses/projections
   4. Arcades
   5. Raised corniced parapets over the door
   6. Peaked roof forms
   7. Arches
   8. Outdoor patios
   9. Display windows
   10. Columns
   11. Pilasters
   12. Architectural details such as tile work and moldings which are integrated into the building structure and design
   13. Integral planters or wing walls that incorporate landscaped areas and/or places for sitting
2. Where additional stores will be located in the principal building, any store occupying greater than 10% of the total floor area shall have at least one separate exterior customer entrance, which shall conform to the above requirements.

1. Predominant exterior building materials shall be constructed with high quality materials such as:
   1. Brick masonry
   2. Wood, large timbers
   3. Sandstone
   4. River rock and other native stone
   5. Tinted, textured, concrete masonry units
   6. Transparency elements such as windows, showcases, skylights, display windows
   7. Other similar high-quality building material.
2. Locally grown, manufactured, or harvested materials shall be utilized to the maximum extent possible.
3. Facade colors shall be low reflectance, subtle, and blend well with the environment and not cause abrupt changes.
4. Building trim and accent areas may feature brighter colors, including primary colors, but neon tubing shall not be an acceptable feature for building trim or accent areas.
5. Front facades or facades visible from public streets, unless screened by an approved method, shall not include the following:
   1. smooth-faced concrete block
   2. smooth-faced tilt-up concrete panels
   3. smooth-faced pre-fabricated steel panels.

1. Landscape areas shall include all areas on the site that are not covered by buildings, structures, paving or impervious surface. The selection and location of turf, trees, ground cover (including shrubs, grasses, perennials, flowerbeds and slope retention), pedestrian paving and other landscaping elements shall be used to prevent erosion and meet the functional and visual purposes such as defining spaces, accommodating and directing circulation patterns, managing landscape impacts, attracting attention to building entrances and other focal points, and visually integrating buildings with the landscape area.
2. Landscaping shall not be less than 15 percent of the total lot area and shall include the retention of existing native vegetation to the maximum extent possible.
3. Landscape Design Plan Required:
   1. Landscape Design Plans shall complement the existing landscapes of different retail sites within a development and shall enhance the personal scale of a development by clearly defining pathways, entrance areas, plazas or public gathering spaces, parking areas, and access roadways.
   2. Landscape Design Plans shall mitigate the impact to neighboring properties. The rear elevations of buildings, loading docks, and refuse collection areas must also be addressed in the Landscape Design Plan. The Plan for an area adjacent to non-commercial zoned sites will show how rear elevations will be screened to the full height of the structure within seven (7) years of occupancy of the retail space.
   3. Landscape Design Plans shall incorporate a mix of indigenous and native plants that are hardy and drought tolerant, and shall include a minimum of 50% evergreen plantings (trees, shrubs, groundcovers, ornamental grasses, and evergreen herbs). Permanently installed irrigation systems are required.
   4. Landscape Design Plans shall also address a variety of landscape lighting elements utilized both for safety and aesthetics.
4. Perimeter landscape buffer planting areas shall meet the following minimum depth from the edge of walkways, curbs or property lines, along all sides of the property:
   1. Sites less than thirty (30) acres shall have a perimeter landscape buffer depth of ten (10) feet.
   2. Sites thirty (30) to less than fifty (50) acres shall have a perimeter landscape buffer depth of thirteen (13) feet.
   3. Sites fifty (50) acres or greater shall have a perimeter landscape buffer of fifteen (15) feet.
5. Parking lot landscaping:
   1. Parking lots with more than fifty (50) parking spaces:
      1. The lot shall have curbed planting areas. Planting areas shall be placed at each end of a parking row. No parking row shall contain 30 contiguous parking spaces without a curbed planting area.
      2. The curb shall be located away from the base of shrubs and hedges at least to outside edge of the anticipated mature drip line, but not less than two feet.
      3. The curb for trees shall be located away from the trunk at least to outside edge of the anticipated mature drip line, but not less than five feet.
      4. The curb shall possess a vertical face on the traffic side, the top of curb not less than six inches above the adjacent parking lot surface and secured to or embedded in the ground.
   2. Parking Lots with more than twenty four (24) or more spaces:
      1. A minimum of 10 percent of the parking area of the parking lot shall be landscaped in islands, dividers, or a combination of the two;
      2. The parking lots will have a minimum 10-foot landscaped buffer adjacent to road rights-of-way.
6. General landscaping shall be additionally provided as needed to achieve the minimum required landscape coverage.
7. Required landscaping shall be limited to the following materials:
   1. Living ground cover;
   2. Permeable, continuous non-living ground cover;
   3. Living plant life other than ground cover;
   4. Retained native vegetation;
   5. Natural or man-made features, including but not limited to, boulders and planters;
   6. Pedestrian ways;
   7. Public spaces.
8. Separate sections of landscaping shall be composed of the required materials in any combination as follows:
   1. Living plant life other than ground cover or natural vegetation shall have minimum coverage of 10 percent;
   2. Living ground cover shall have a maximum coverage of 80 percent;
   3. Permeable non-living ground cover shall have a maximum coverage of 10 percent;
   4. Natural or man-made features shall have a maximum coverage of 10 percent;
   5. Pedestrian ways or public spaces shall have a maximum coverage of 50 percent.
9. Topsoil addition, final grading, seeding, and all planting of flora must be complete within nine months of occupancy, or within the first growing season after occupancy, whichever comes first. Required landscaping will be maintained thereafter, with all shrubs, trees, and groundcover being replaced as needed.
10. Any landscape element that dies, or is otherwise removed, shall be promptly replaced with the same, if not similar to, height or texture element as originally intended.
11. Access to current or future pedestrian and bicycle facility improvements shall be provided.
12. To the maximum extent feasible, pedestrians and vehicles shall be separated through provisions of a walkway. Hazards shall be minimized by using landscaping, bollards, special paving, lighting and other means to clearly delineate pedestrian areas, where complete separations of pedestrian and vehicles are not feasible.
13. Landscaped parkways around parking lot perimeters shall be consistent with minimum setback requirements. Trees may be spaced irregularly in informal groupings or be uniformly spaced, as consistent with larger overall planting patterns and organization.
14. Future maintenance shall be in accordance with accepted best maintenance practices.

1. Parking lot design must include detailed information on non-motorized pedestrian access to and through the development. Demarcation shall be required by utilizing a combination of:
   1. change in paving surface materials,
   2. landscaping, or
   3. safety and directional lighting.
2. All required internal walkways must be located and constructed as an integral part of existing walkways.
3. Large surface parking lots shall be visually and functionally segmented into several smaller lots.
4. No parking row shall contain 30 contiguous parking spaces without a curbed planting area or bio-retention cell. These areas shall include trees of reasonable height and diameter and these areas shall contribute to small-scale control of storm water runoff.
5. No single parking area shall exceed 120 spaces unless divided into two or more sub-areas by a building, internal landscaped street, or landscaped pedestrian way.
6. Traffic calming techniques shall be encouraged for pedestrian safety.
7. Adequate and easily accessible cart corrals shall be provided.

A snow storage plan, as component of the site plan, is required. Use of sidewalks and required parking areas for snow storage is prohibited. Use of landscaped areas for snow storage may be allowed under the approved snow storage plan. The plan shall provide an approved storm water drainage component. The Conditional Use Permit may impose such restrictions on snow removal operations as are necessary to reduce the effects of noise or traffic on surrounding areas.

1. Illuminated signage and exterior lighting shall comply with this section of other specific sign and lighting sections of this Title.
2. Illuminated signage and exterior building lighting shall be compatible with the architecture of the project and shall not detract from the visibility of surrounding buildings.
3. Landscape and architectural lighting shall not be used to illuminate building facades, building entrances, and feature or courtyard spaces.
4. Night lighting must be provided for all pedestrian walkways and where stairs, curbs, ramps, and crosswalks occur.
5. All exterior lighting fixtures in parking areas and driveways shall be hooded, shielded or screened to make the light downcast; arranged so as to reflect light away from adjoining uses and right-of ways.
6. Other lights shall be designed to avoid spillover glare beyond the site boundaries.
7. For those parking lots that are adjacent to residentially-zoned land, the maximum height of light posts shall not exceed 18 feet.
8. Lighting reduction and energy-efficient timer systems shall be required after normal business hours except for lighting that is mandated for general safety and security.

1. Walkways at least 8 feet in width shall be provided along all sides of the lot that abut a public street and shall provide human-scale lighting to create a safe and attractive pedestrian atmosphere.
2. Continuous internal pedestrian walkways, no less than 8 feet in width, shall be provided from the public walkway or right-of-way to the customer entrance of all buildings on the site. Walkways shall connect pedestrian activity such as, but not limited to, transit stops, street crossings, buildings and store entry points, and central features and community spaces. Walkways shall feature adjoining landscaped areas that include trees, shrubs, benches, flower beds, ground covers, or other such materials for no less than 50% of its length.
3. Walkways, no less than 8 feet in width, shall be provided the full length of the building featuring a customer entrance, and along any facade abutting public parking areas. Such walkways shall abut a minimum 6-foot wide planting bed, except where features such as arcades or entryways are part of the facade.
4. All internal pedestrian crosswalks shall be distinguished by the use of durable, low maintenance surface materials such as the following:
   1. pavers,
   2. bricks,
   3. stamped asphalt, or scored concrete to enhance pedestrian safety and comfort, as well as the attractiveness of the walkways so long as they met the ADA Guidelines.
5. Bicycle lanes shall be provided, where appropriate, on ingress and egress routes and shall be consistent with standards identified and adopted by the City of Columbia Falls.
6. Parking lots shall provide trash receptacles and bicycle racks.

At least two significant pedestrian amenities shall be provided for every 30,000 gross square feet of structure. Required pedestrian amenities may be combined into one or more locations, in order to create a larger amenity, so long as all other provisions of this section are satisfied.

1. Trash and recycling collection areas shall be located at least 50 feet from adjacent residential uses or zones and public streets, unless enclosed within a structure. Unenclosed trash and recycling collection areas shall not be visible from public streets, sidewalks, trails, internal pedestrian walkways, or adjacent properties.
2. Loading docks, truck parking, outdoor storage, utility meters, HVAC equipment, trash collection, trash compaction, and other service functions shall be incorporated into the overall design of the building and the landscaping so that the visual and acoustic impacts of these functions are contained and out of view from adjacent properties and public streets, and no attention is attracted to the functions by the use of screening materials that are different from or inferior to the principal materials of the building and landscape.
3. Non-enclosed areas for the storage and sale of seasonal inventory shall be permanently defined and screened with walls and/or fences. Materials, colors, and design of screening walls and/or fences and the cover shall conform to those used as predominant materials and colors on the building.

Light manufacturing/assembly is allowed in any CB-2 or CB-4 district, subject to the following criteria:

1. All storage and processing must be done indoors;
2. The use shall not generate noise, vibrations, smoke, dust or odors (other than those related to bakeries or other small food processors) detectable at the property line, for free standing buildings, or beyond the exterior walls of the activity for attached buildings;
3. The business shall not use, store or generate toxins or hazardous products, materials or supplies;
4. The business shall provide, at a minimum, one off-street parking space per employee at maximum shift;
5. The business shall provide adequate freight and delivery access which does not block public streets.

Use Limitations. A use that does not comply with the definition set forth in this document or the following criteria is not considered a "light manufacturing/assembly" use.

The intent of this section is the enhancement of the visual integrity of the natural environs of the community area, particularly pertaining to the unwarranted and/or unwanted intrusion of artificial lighting in areas not desiring such light which detracts from the beauty and naturalness of the hours of normal darkness.

Any lights provided to illuminate any public or private parking area, exterior display or transaction area or vehicle sales area shall be hooded, shielded or screened to make the light downcast; arranged so as to reflect light away from any abutting or adjacent residential district or use; and minimal in quantity and intensity to not exceed acceptable best practice standards for exterior lighting and specifically the following for any light emitting at least 2050 lumens:

1. Within fifty feet of the property boundary not adjoining a public street, lights shall project no light above a 90° plane running through the lowest point on the fixture where light is emitted and less than 10% (ten percent) of the rated lumens are projected between 90° and 80°.
2. Within thirty five feet of the property boundary adjoining a public street, lights shall project not more than 5% (five percent) of the rated lumens above a 90° plane running through the lowest point on the fixture where light is emitted and less than 20% (ten percent) of the rated lumens are projected between 90° and 80°.
3. Lighting elsewhere within this area may meet either of the above prescriptions.

All porch and yard lighting shall be hooded, screened, or directed in a manner such that the light source or the diffuser emitting the light shall not be intrusive on adjoining property.

Lights mounted on poles shall have a height not to exceed eighteen (18) feet. Lights mounted on buildings higher than 18 feet shall project no light above a 90° plane running through the lowest point on the fixture where light is emitted and less than 5% (five percent) of the rated lumens are projected between 90° and 80° for light focused on the building, and 0% (zero percent) of the rated lumens are projected between 90° and 75° for light not focused on the building.

Any nonconforming lighting, where changing or adding shielding or redirecting the fixture can correct the nonconformance, shall be brought into compliance within ninety days of official notification that a nonconforming situation exists. Any nonconforming lighting, where replacing a fixture or changing the height of the light is necessary to correct the nonconformance, shall be brought into compliance when the fixture is repaired or replaced but not later than five years after official notification that a nonconforming situation exists.

The keeping of fowl and livestock is allowed in single-family residential areas, outside of the City Limits, provided the following minimum requirements are met:

1. The lot or tract of land is at least one acre in size.
2. The number of animals shall be limited to one hundred animal units (A.U.) per acre. Animal unit value shall be as follows:
   1. Horse, cow, donkey, etc.-fifty A.U.
   2. Sheep, goat, llama, etc.-twenty A.U.
   3. Chickens, geese, fowl, etc.-four A.U.
3. Livestock and fowl in residential (CR) zones are allowed only for domestic use or consumption and shall not be raised for commercial purposes. The keeping or raising of pigs or swine in residential areas is not allowed.
4. All animals in residential zones shall be kept inside fenced enclosures. Related buildings such as barns and animal pens shall be allowed only in rear and side yards of the tract or lot.
5. The keeping of fowl and livestock is allowed in single family residential areas provided the following minimum requirements are met:
   1. The lot or tract of land is at least one acre in size except fowl which may be kept in CR zoned lots/tract of less than one acre provided:
      1. No more than five fowl may be kept on lots less than one acre in size;
      2. No roosters or male fowl may be kept on lots less than one acre;
      3. Fowl must be kept in a fenced yard or enclosure.
6. The keeping of horses is allowed in single family residential areas and in any SAG and AG Districts, inside the City Limits, with a Conditional Use Permit provided the following minimum requirements are met:
   1. The subject property is a minimum of two acres in size with a minimum of one acre devoted to pasture;
   2. The number of horses is limited to two or less per acre of land devoted to pasture;
   3. The owner or person responsible for care of the horses must also reside on the property. Keeping of horses is an accessary use to the primary residential use;
   4. All structures associated with the horses must meet the setbacks for primary structures and shall be allowed only in rear and side yards of the tract or lot unless otherwise approved by the Planning Board and City Council in the Conditional Use Permit process;
   5. All horses shall be kept inside a fenced paddock;
   6. Depending on location and neighbor comment received through the CUP process, additional standards may be required, such as, additional fencing to avoid horses damaging neighboring landscaping or a waste management plan.

Class A manufactured homes (see definition) on permanent foundations shall be allowed on individual lots in all districts that allow single-family dwellings. Manufactured homes will be required to observe all regulations in the district, including setback and lot coverage requirements.

Class B manufactured homes (see definition) shall be allowed on individual lots that are part of a mobile home special district, provided that said homes are placed on permanent foundations.

Class B manufactured homes located in mobile home parks are not required to be on permanent foundations. All mobile homes will have skirting or foundation material extending from the home to at least ground level.

Class A manufactured homes in residential areas shall be made acceptably similar to other dwellings in the neighborhood.

Retaining walls thirty-six inches or less above the original grade shall be exempt from the terms of this chapter.

Retaining walls over thirty-six inches in height above the original grade shall be considered and regulated as an accessory structure and shall require a building permit. No individual retaining wall shall exceed four feet above the pre- existing grade.

The purpose of these standards is to prescribe standards for the location, design, color, illumination, height and size of all types of signs within the City of Columbia Falls in order to protect the unique natural beauty and small town character of the City, our primary assets. This article also intends to promote the following:

1. To ensure that signs preserve and protect the public health, safety, and welfare by not allowing signs that constitute a traffic or pedestrian safety hazard, or obstruct public ways; or create a nuisance.
2. To protect and enhance the community’s image while allowing local businesses to communicate with potential customers in a reasonable manner.
3. To encourage the innovative use of design that is creative and distinctive, compatible with its surroundings, is an integral component of the style and character of the building to which it relates, is appropriate to the activity to which it pertains and is appropriately sized for its context.
4. To maintain and enhance the aesthetic environment while promoting creativity and the City’s ability to attract sources of economic development and growth.
5. To promote both renovation and proper maintenance.
6. To encourage the construction of signs of natural materials which are compatible with the historic, cultural and natural surroundings.
7. To promote clear views of the natural surroundings by minimizing visual clutter and reducing the competition for airspace.
8. To eliminate distracting lighting, excessive glare and light pollution by reasonably limiting the illumination of signs and buildings to subdued, adequately shielded or concealed light sources.
9. To enable the fair and consistent enforcement of these sign regulations.

This chapter shall not regulate official traffic or government signs; the copy and message of signs, signs not intended to be viewed from public right-of-way; product dispensers and point of purchase displays; scoreboards on athletic fields; flags of any nation, government or noncommercial organization; gravestones; religious symbols; commemorative plaques; decorative holiday displays; traditional barber poles; the display of street numbers; or display or construction not defined herein as a sign.

1. The following temporary signs are allowed in all zoning districts and do not require a permit:
   1. Signs advertising the sale, lease, or rental of the premises upon which the sign is located, and not exceeding twelve (12) square feet in area, except in all residential districts where the area of the sign shall not be more than six (6) square feet.
   2. Legal notices, identification, information, or directional signs erected or required by governmental bodies.
   3. Political signs, each not exceeding twenty (20) square feet.
   4. One sign per contractor of a building which is under construction, provided the advertising display area of such a sign shall not exceed sixteen (16) square feet in residential districts or twenty (20) square feet in other districts.
   5. Signs associated with garage or yard sales, non-profit community events, or similar activities are allowed as long as they meet the following requirements: (1) Such signs may be posted or displayed for no more than five (5) days; (2) All such signs must be dated with the date of posting; (3) All such signs must be removed within forty-eight (48) hours after the sale or other activity in question.
2. Directional Signs.
   1. Signs directing and guiding traffic and parking on private property, but bearing no advertising matter, and not exceeding twelve (12) square feet in area, except in all residential districts where the area of the sign shall not be more than six (6) square feet.
   2. Way Signs erected by a Governmental Agency or in Cooperation with a Governmental Agency.
   3. “Entry” or “Welcome To” Signage installed by a Governmental Agency or in Cooperation with a Governmental Agency.
3. Identification Signs: Signs bearing only property numbers, post box numbers, names of occupants of premises, or other identification of premises and not exceeding twelve (12) square feet in area, except in all residential districts where the area of the sign shall not be more than six (6) square feet.
4. Architectural Elements: Integral decorative or architectural features of buildings, except letters, trademarks, moving parts, or moving lights.
5. Bulletin Boards: Bulletin boards for churches, schools, or other public, religious, or educational institution provided such sign is located not less than ten (10) feet from the established right-of-way line of any street or highway and does not obstruct traffic visibility at street or highway intersections. Such signs shall not exceed forty square feet in area; if free standing, each side may not exceed forty square feet in area. Electronic Changeable Copy sign or internal lighting is permitted provided it complies with 18.438.040 C. and is not intrusive on adjacent property.
6. One subdivision sign per entrance on streets with different names not exceeding twenty four (24) square feet per face nor exceeding six feet in height. The subdivision may have multiple signs at the entrance provided the total square footage does not exceed twenty four square feet. Fences or landscape features, such as rock or log features, do not count against the square footage when the signage on such structures.

1. Revolving Signs. No revolving signs shall be permitted.
2. Billboards. No billboards shall be permitted.
3. Abandoned signs or any sign which identifies or advertises an activity, business, product, service or special event which is no longer produced, conducted, performed or sold on the premises where the sign is located. A sign is considered abandoned if it meets this definition for a period of six (6) months or longer. If a new business occupies a structure or site, the period for removing the abandoned sign is thirty (30) days.
4. Rotating, flashing or blinking signs, strobe lights and searchlights except electronic message signs as provided elsewhere in these regulations.
5. Signs that have been unlawfully or illegally erected and/or maintained.
6. Permanent display of banners, pennants, festoons, balloons, tethered objects, strings of flags, streamers, inflated objects or any device intended as an attractant that is affected by the movement of the air.
7. Roof signs higher than the apex of the roof.
8. Signs imitating or resembling official traffic or government signs or signals.
9. Advertising matter or sign painted, mounted or attached on a vehicle, trailer or boat, outdoor storage containers and/or waste receptacles or their enclosures which are stored, parked or displayed in a conspicuous manner intended to attract the attention for advertising purposes.
10. Any sign with exposed incandescent, metal halide or fluorescent light bulbs.
11. Any sign which emits audible sound, odor, smoke, steam, laser or hologram lights or other visible matter, including any device that employs any stereopticon, motion picture or audio projection.
12. Any sign placed in any public right of way except for signs erected by the city, county, state or other authorized government agency; or as authorized by the city council issuance of a right of way encroachment permit.
13. In no event may an illuminated sign be placed or directed to cause glare or reflection that constitutes a nuisance in residential areas or a traffic hazard.

All on-site signs permitted as accessory uses in business and industrial districts require a permit and are subject to the following regulations:

1. PROJECTION:
   1. Projection of wall signs shall not exceed two (2) feet measured from the face of the building.
   2. No wall sign may project above the highest point of roof structure of the building to which it is attached.
2. SETBACK:
   1. No on-site, freestanding sign may be set nearer to the lot line adjacent to a street than the required minimum setback for the principal uses permitted in the district.
   2. No freestanding sign may be erected or placed closer than fifty (50) feet from a side or rear lot line abutting a residential district.
3. ELECTRIC CHANGEABLE COPY SIGNS:
   1. Such signs are allowed not to exceed twenty (20) square feet per face.
   2. Such lighting shall be limited to bulbs up to eleven (11) watts and equivalent neon lighting. In no event may an illuminated sign be placed or directed to cause glare or reflection that constitutes a nuisance in residential areas or a traffic hazard.
   3. All wiring, fittings, and materials used in the construction, connection, and operation of illuminated signs shall be in accordance with the state electrical code.
   4. Electronic changeable copy signs shall not be permitted in the CB-3 and CB-4 Districts.
4. HEIGHT:
   1. No freestanding sign shall exceed twenty (20) feet in height.
   2. In the CB-4 District no sign shall exceed ten (10) feet in height.
   3. In the CB-3 District no free-standing signs are permitted.
5. NUMBER OF SIGNS PERMITTED:
   1. In business and industrial districts, one (1) freestanding sign per frontage, provided such sign meets all other requirements of this title.
   2. Multiple freestanding signs on a lot shall have a minimum spacing of fifty (50) feet.
   3. In addition, up to three (3) wall signs per building frontage may be installed provided the total area does not exceed the allowable area.
   4. Where there are multiple businesses, each business shall be allowed one (1) wall sign provided the total allowable area does not exceed the other requirements in this title.
6. PERMITTED SURFACE AREA:
   1. Freestanding Signs:
      1. The total surface area of all freestanding signs on a property is limited to one hundred (100) square feet per side plus ten (10) square feet for each additional tenant in multi-tenant buildings or one (1) square feet for each five (5) feet of frontage over one hundred (100) feet. In no case shall a single face of a freestanding sign exceed one hundred and fifty (150) square feet and in no case shall the total surface area exceed three hundred (300) square feet.
      2. Each face of the sign is counted in the total surface area for free standing signs.
      3. Freestanding signs in the CB-4 District are limited to fifty (50) square feet on any one side.
      4. In the CB-3 District no freestanding signs are permitted.
   2. Wall signs:
      1. Wall signs shall be permitted to cover twenty-five (25) percent of the exposed facade of the building on which they are mounted.
      2. Wall signs in the CB-4 District are permitted to cover fifty (50) square feet.
      3. Wall signs in the CB-4 District are permitted to cover fifty (50) square feet plus one (1) square foot for each one (1) foot of lineal frontage in excess of fifty (50) feet.
7. PROJECTING SIGNS:
   1. The sign shall be erected at right angles to the building face and be at least nine (9) feet above grade and shall not extend over any vehicular right-of-way.
   2. The maximum area per sign face shall not exceed twenty (20) square feet plus one (1) square foot for every one (1) linear foot of frontage.
8. MEASUREMENT OF SIGN AREA: Sign area for the purpose of measuring total square footage shall be measured as a total of all sign faces including multifaced signs.
   1. Sign Copy with Background: Sign copy mounted, affixed or painted on a background panel or area distinctively painted, textured or constructed as a background for the sign copy, is measured as that area contained within the sum of the smallest rectangle(s) that will enclose both the sign copy and the distinctive background panel or area.
   2. Individual Letters: Sign copy mounted as individual letters or graphics against a wall, fascia, mansard or parapet of a building or surface of another structure, that has not been painted, textured or otherwise altered to provide a distinctive background for a sign copy, is measured as a sum of the smallest rectangle(s) that will enclose each word and each graphic in the total sign.
   3. Area Calculation: Sign area for the purpose of measuring total square footage shall be measured as a total of all sign faces including multi-faced signs.

1. SETBACK: No off-site sign may be set nearer to the lot line adjacent to a street than the required minimum setback for the principal uses in the district in which they are placed. No sign may be erected or placed closer than fifty (50) feet from a side or rear lot line abutting a residential district.
2. AREA: No off-site sign may exceed fifty (50) square feet in total area or twenty-five (25) feet for one (1) side.
3. HEIGHT: No off-site sign shall exceed the height limitations of the district in which it is located as measured from either the grade at the sign or the grade of the nearest roadway, whichever is higher.
4. LOCATION: Off-site signs shall be limited to frontages along U.S. Highway 2.

1. The following signs may be issued a temporary permit by the zoning administrator:
   1. Portable reader boards may be permitted for up to thirty (30) consecutive days.
   2. Special event signs may be permitted for up to ten (10) consecutive days. Such signs may use moving devices such as banners, balloons, spinners, streamers, and pennants.
   3. "Going out of business" sale signs may be permitted for a period of up to sixty (60) consecutive days. There shall be a twenty-four (24) month interim period between the expiration of one "going out of business" permit and the issuance of another to the same applicant, business, or entity.
2. The area of temporary signs shall be limited to fifty (50) square feet.
3. Inflatable signs are permitted as temporary signs provided that the sign shall be no more than ten (10) feet and on a tether no longer than ten (10) feet measured from the ground. Such signs shall not be allowed on the roof of a building.
4. Upon expiration of the permit, the temporary sign and all appurtenances thereto shall be removed.
5. There shall be a ninety (90) day interim period, beginning the date of expiration of the permit, before another permit may be issued for a temporary sign on the same parcel of land. This shall not apply to "Going out of business" signs; see subsection (A)(3) of this section.

1. Purpose. It is the intent of the city to provide opportunities for noncommercial mural exhibits of a social, cultural or historical event that beautifies and appeals to all segments of the community.
2. Mural Exhibits Defined. A noncommercial painted or mosaic tile style exhibit which covers all or a major portion of a wall or a building facade and which contains no sign.
3. Mural exhibits are permitted in CB-2 and CB-4 zoning districts.
4. All mural exhibits shall be required to submit a graphic representation of the proposed mural to the City Council for approval. The Council shall use the following criteria to determine if such exhibits are consistent with the provisions of this section:
   1. The location, scale and content of a mural should be in keeping with and enhance the building, wall, fence or hoarding on which it is located, as well as the local environment; it should enhance community identity; and it should contribute to the visual delight of passers-by and the visual quality of the city.
   2. Adjacent developments or signs should not detract from the appearance or effectiveness of the mural.
   3. Murals should not contain any identification, advertisement, insignia or promotion of the interest of any person, entity, product, or service.
   4. Mural exhibits should not contain obscene, offensive, or gang related symbols, depictions, or graphics.
5. A mural should be properly maintained and cleaned or repaired as necessary.

1. Permitted signs in zones CSAG-20, CSAG-10 and CSAG-5 shall be as follows:
   1. Exempt signs listed herein;
   2. One freestanding sign plus one wall sign for each place of business;
   3. One off-site sign when otherwise permitted and when located in same zoning district as business.
2. Permitted signs in zones CR-1, CR-2, CR-3, CR-4, and CR-5 shall be as follows:
   1. Exempt signs listed herein;
   2. One sign not exceeding six (6) square feet in area, in connection with a nonresidential permitted or conditionally permitted use;
   3. No sign shall exceed five (5) feet above ground elevation.
3. Permitted signs in zones CRA-1, CB-1, CB-5 shall be as follows:
   1. Exempted signs listed herein;
   2. One freestanding sign per developed multi- family or business lot provided the subject matter of such sign shall be limited to the name of the primary business and the business tenants of the building, as appropriate;
   3. One wall sign;
   4. Freestanding signs shall not exceed six (6) feet in height; and
   5. The sign area shall not exceed sixteen (16) square feet per face.
4. Permitted signs in zones CB-2, CI-1, and CI-2 shall be as follows:
   1. Exempt signs listed herein;
   2. Freestanding signs;
   3. Wall signs;
   4. Projecting signs;
   5. Freestanding multiple business signs;
   6. Electronic Changeable Copy;
   7. Off-site sign; and
   8. Affiliation sign not exceeding four (4) square feet.
5. Permitted signs in zone CB-3 (Limited Business)
   1. A maximum of two (2) signs of any combination for the following signs shall be allowed; One (1) wall sign, one window sign, one (1) projecting sign, one (1) awning sign.
   2. Awning – In the CB-3 District, the sign area of the awning shall equal no more than fifty (50) square feet
   3. Wall Signs – Signs shall have finished or framed edges.
   4. Materials – Signs may be constructed of, but not limited to painted, stained or carved wood; brick or stone; glass; high density urethane foam; gold leaf and silver leaf; metal which is painted, rusted or anodized, rust resistant, or otherwise treated to prevent reflective glare.
   5. Prohibited materials include: plexiglass, polymers, plastics, acrylic, lexan and flex face, with the exception of those used for letters.
   6. Bright and glossy or fluorescent colors and reflective surfaces are prohibited.
   7. Internally illuminated individual letters and internally illuminated signs are prohibited in the CB-3 district. Canopies, awnings, fascia and similar structures, whether or not they contain sign copy, may not be illuminated with direct illumination.
   8. Use of neon and/or other lighting arranged around a building or other structure for the purpose of attracting attention is prohibited.
   9. Because night light pollution is a growing problem, reduction or turning off sign lighting during non-operating hours is encouraged
6. Permitted signs in zones CB-4 (Central Business)
   1. A maximum of two (2) signs of any combination for the following signs shall be allowed; One (1) wall sign, one window sign, one (1) projecting sign, one (1) awning sign, one (1) freestanding sign.
   2. Awning – In the CB-4 District, the sign area of the awning shall equal no more than fifty (50) square feet
   3. In addition to the chosen combination of signs a business may hang an "under canopy sign." Under canopy signs shall be constructed of rigid material, and shall not project more than twelve (12) inches below the canopy and shall not be less than seven and one-half (7-1/2) feet above the sidewalk or grade line. The under canopy sign shall not exceed ten (10) square feet in area of each face, and shall not have more than two (2) signage surfaces.
   4. Freestanding signs are allowed only if the building has a twenty (20) feet setback.
   5. One "menu" or "A-frame" sign is allowed per developed site that does not exceed six (6) square feet per side but not more than two (2) feet wide; and businesses must maintain a minimum of forty-four (44) inches of clearance around any sign located in the public sidewalk to meet ADA requirements.
   6. Wall Signs – Signs shall have finished or framed edges.
   7. Materials – Signs may be constructed of, but not limited to painted, stained or carved wood; brick or stone; glass; high density urethane foam; gold leaf and silver leaf; metal which is painted, rusted or anodized, rust resistant, or otherwise treated to prevent reflective glare.
   8. Prohibited materials include: plexiglass, polymers, plastics, acrylic, lexan and flex face, with the exception of those used for letters.
   9. Bright and glossy or fluorescent colors and reflective surfaces are prohibited.
   10. Because night light pollution is a growing problem, reduction or turning off sign lighting during non-operating hours is encouraged.
7. Permitted signs in the zone of CPUD shall be as follows:
   1. Exempt signs listed herein, and
   2. As otherwise permitted in CB-4, CB-5 or CR zones.

1. General. It is unlawful to display, erect, relocate, or alter any sign without first filing with the zoning administrator a written application and obtaining a sign permit except as exempted in these regulations.
2. Application. Each application for a sign permit must be accompanied by a plan or plans drawn to scale and including:
   1. The dimensions of the sign and, where applicable, the dimensions of the wall surface to which it will be attached;
   2. Dimensions of the sign’s supporting structure;
   3. Height of the sign;
   4. The proposed location of the sign relative to the face of the building and to the boundaries of the lot;
   5. Description of building materials, illumination, and colors; and
3. A processing fee in the amount determined by the city council.
4. Issuance. Upon review of the application materials, the zoning administrator shall issue a permit for the installation of a sign that conforms with these regulations. Any question concerning the conformity of a sign should be directed to the zoning administrator. Requests for variance from these sign regulations shall be processed by the zoning administrator.
5. Master Sign Plan: A master sign plan will be required for all multiuse buildings and commercial developments containing more than one tenant and/or building that will be kept on file with the city. The master sign plan must be approved prior to issuance of a building permit for all new buildings, additions or renovations. The master sign plan shall run with the multiuse building or commercial center and not with the individual tenants.

1. All signs shall be kept in a neat, clean, and attractive condition. This includes the periodic cleaning, painting, repairing, and/or general maintenance of the sign. Maintenance shall also include the updating of the information provided by signs. All signs shall give an accurate representation of the current goods/prices offered, occupant, and/or other circumstances that are advertised on the sign. This maintenance shall be the responsibility of the holder of the sign permit. Any sign that is not properly maintained shall be deemed to be an illegal nonconforming use.
2. All wiring, fittings, and materials used in the construction, connection, and operation of illuminated signs shall be in accordance with the current electrical code adopted by the State of Montana.

1. A sign, which was in existence prior to the adoption of this chapter under permit, shall be considered a legal nonconforming sign if it is not altered in any way that increases its noncompliance.
2. Signs located in areas annexed by the city after the adoption of this chapter shall, or included in a city planning area that was expanded due to an annexation, shall be considered legal nonconforming signs except prohibited types of signs which shall be unlawful. Billboards in these areas shall be brought into compliance within seven (7) years of being annexed or included in the planning area.
3. Any sign which is nonconforming shall nevertheless comply with this chapter if:
   1. The sign is replaced, including due to a change in business. Repairing the face does not constitute replacement;
   2. The sign is abandoned;
   3. The sign suffers damage of greater than fifty (50) percent of its appraised value;
   4. Nonconforming billboards shall comply within seven (7) years of the effective date of adoption of this amendment.
4. All nonconforming signs on a zoned lot shall be brought into compliance within ninety (90) calendar days of notice from the city if:
   1. The use advertised is suspended for one hundred eighty (180) calendar days;
   2. The use changes;
   3. The name of the business or the franchise changes;
   4. The sign is altered in any way except for ordinary maintenance; or
   5. The sign is relocated.
5. Any illegal sign which was in existence prior to the adoption of this chapter shall not be considered a legal nonconforming sign. Illegal sign shall be brought into compliance within twelve months after notice by the zoning administrator.
6. Businesses may request an exemption from the provisions of this section per a variance procedure if they can demonstrate that a sign is of historic significance or, in the case of an illegal sign, that the removal or alteration within twelve months is such a hardship that a longer period is necessary.

1. When, in the opinion of the administrator, a violation of this chapter or the building code exists, the administrator shall issue a written order to the alleged violator. The order shall specify those sections of the code which the individual may be in violation of and shall state that the individual has thirty (30) days from the date of the order in which to correct the alleged violation or to appeal to the board of adjustment. Appeals shall be decided by a majority vote of the board.
2. If, upon inspection, the administrator finds that a sign is abandoned or structurally, materially or electrically defective, or in any way endangers the public, the administrator shall issue a written order to the owner of the sign and occupant of the premises stating the nature of the violation and requiring them to repair or remove the sign within fourteen (14) days of the order.

In cases of emergency, the administrator may cause the immediate mitigation of a dangerous or defective sign without notice. Signs removed in this manner must present a hazard to the public safety as defined in the local building or traffic codes.

"Cluster development" means a subdivision with lots clustered in a group of lots that is designed to concentrate building sites on smaller lots in order to reduce capital and maintenance costs for infrastructure through the use of concentrated public services and utilities and/or creating a large open space tract that preserves agricultural lands or sensitive areas important to wildlife and wildlife habitat. “Cluster Area” means the total area of the development less the combined area of dedicated public right-of-way and area set aside as open space.

Cluster unit development may overlay suburban and urban residential zones.

Cluster unit developments shall be subject to the following:

1. Minimum area of the development:
   1. Within districts zoned SAG-20, SAG-10 or SAG-5, the minimum lot size permitted in the respective district based on the proposed density.
   2. Within other districts zoned residential, the minimum area is 5 gross acres.
2. Types of buildings and uses: Any uses that are permitted in the underlying district for which the planned unit development is proposed. In addition the following uses may be permitted:
   1. In residential zones, other than SAG zones, multiple units may be placed in a single building, except the number of multi-family units within one building may not exceed ten (10) units and the total number of multifamily units within the cluster development does not exceed thirty percent (30%) of the total of all units;
   2. Within districts zoned SAG grazing and farming is permitted.

1. The overall density of the cluster development shall not exceed the density allowed in the underlying district, except as follows:
   1. The density may be increased by l.2 (one and two tenths) units for each one unit of qualifying affordable housing that is either provided within the development or an approved contribution to a qualified affordable housing project elsewhere within the jurisdiction; such density increase not to exceed ten percent (10%) of the allowed density.
   2. The density may be increased by an additional amount, not to exceed fifteen percent (15%) of the allowed density, where all of the open space is enrolled in an approved conservation easement held by the local government with jurisdiction, and the general public is provided reasonable access.
   3. The base density in districts zoned SAG may be a ratio of 1.5:1 (one and one half to one) and may be increased in accordance with 1 and 2.
2. A cluster development may have more than one cluster area but no cluster area shall have more than fifty percent (50%) of the total cluster development lots, nor fewer than five (5) lots.
3. The minimum size of a lot of record within a cluster development shall be not less than the cluster area divided by the total number of units permitted but not less than the minimum area that may be served by approved potable water and sanitary sewer system, nor less than 3,000 square feet. The size of a sublot for two family or multifamily dwellings may not be less than 1,500 square feet.
4. The maximum lot coverage by all buildings, building height, and parking requirements, as specified for the district, shall be applied to the cluster development as a whole and not to individual lots of record within the cluster development.
5. Building or primary uses shall not be placed closer than five (5) feet of any side lot property line.
6. Front and rear yard widths shall be either that specified for the district or reduced to not less than twenty (20) feet by the governing body as part of the subdivision review and approval process.
7. Not more than fifty percent (50%) of the cluster development site shall be devoted to lots, parking facilities, streets, buildings, and accessory buildings and right-of- way. The remaining fifty percent (50%) shall remain as open space.
8. A landscape buffer abutting the boundary of the cluster development and the cluster area(s) shall be provided where the distance between the boundary and closest point of the cluster area perimeter is less than thirty (30) feet:
   1. The buffer shall be a width that conforms to the minimum front yard setback requirements for the underlying district.
   2. Such required buffer shall not be used as parking nor storage.
   3. Perpetual maintenance of the buffer shall be in accordance with prescriptions in this chapter for homeowner’s common areas.

1. At least fifty percent (50%) of the total gross area of the cluster development site shall be set aside as open space.
2. The open space must be enrolled in an irrevocable conservation easement or protected by a Deed Restriction that prohibits further subdivision of the open space unless lifted by the City Council.
3. Maintenance of the open space shall be secured in the following manner:
   1. Adequate provisions shall be made for the perpetual maintenance of all open space areas by the inclusion of covenants running with the land in the deeds or other instruments of conveyance, delineating such open areas. The covenant shall require one of the following options:
      1. Obligating purchasers to participate in a homeowners association and to support maintenance of the open space areas by paying to the association assessments sufficient for such maintenance and subjecting their properties to a lien for enforcement of payments of the respective assessments; Empowering the governing body as well as purchasers in the development to enforce the covenants in the event of failure of compliance; and Providing for an agreement that if the governing body is required to perform any maintenance work prescribed herein above, said purchasers would pay the cost thereof and the same shall be a lien upon their properties until said cost has been paid. Assurance that such covenants will be included in the deeds or other instruments of conveyance shall be evidenced by the recording in the County Clerk and Recorder’s Office of Flathead County, Montana, of a declaration providing for perpetual maintenance of the open space areas, as prescribed above and identifying the tract and each lot therein. The declaration shall be included in the deed or other instrument of conveyance of each lot of record and shall be made binding on all purchasers, provided that such declaration may, as to subsequent conveyance other than the initial conveyance of each lot of record, be incorporated by reference in the instrument of conveyance.
      2. The deed restriction provides for the land owner or developer to retain the open space parcel and maintain the property in agricultural use or managed open space.
4. All portions of the open space shall be uninterrupted, except for minor and minimal intrusion of right-of-way corridors. Cluster areas should be located in areas that require minimal disturbance to the open space.
5. During construction of streets, utility lines or lots, the work and any surface disturbance shall be confined to areas outside the open space area.
6. Open space must include sensitive areas within the cluster development site including: areas of high ground water that seasonally surfaces; wetland; floodplain; areas within one hundred (100) feet of high water of a stream (other than ephemeral streams), river, or surface water body; slopes that are steeper than 25% if the elevation difference from top to toe of slope is greater than thirty (30) vertical feet; forested areas bearing healthy trees; and other sensitive areas that provide wildlife habitat.

1. Cluster development is exempt from park land dedication provisions by establishment of the open space lot.
2. Required right-of-way widths may be reduced to forty (40) feet and street developed width to twenty two (22) feet. The requirement for providing curbs and sidewalks may be waived. Such reduction and waiver are applicable to a cluster area that conforms to the following:
   1. An approved walk path is provided on one side of the street separated from the street by a minimum five (5) foot wide landscape buffer.
   2. Residential lots need not abut a street provided that a common front court yard is provided and off-street parking provided in an adjacent area. The court yard must meet the following prescription:
      1. the court shall be not less than forty (40) feet wide,
      2. the furthest front yard property line shall be not more than one hundred twenty (120) feet from the nearest front street access,
      3. the court front street entrance shall be not more than one hundred (100) feet from the nearest fire hydrant,
      4. only primary use building shall front the common court; and
      5. primary use building shall not exceed a total count of ten (10) buildings.

The application subdivision shall be executed by the individual(s) whose successors and assignees shall be responsible for carrying out the requirements and obligations of the cluster subdivision.

1. Submit complete subdivision application, application fee and site plan; size and quantity of site plan copies as specified in the application.
2. The separate site plan(s) including the following shall accompany the preliminary plat:
   1. Total acreage, present zoning classification and zoning classification of all adjoining districts;
   2. Density in dwelling units per gross acre;
   3. Location, size, height and number of stories, use or uses to be contained in each existing or proposed structure;
   4. Location, width, surfacing and layout of all streets, parking areas and pedestrian walks;
   5. Location and number of proposed parking spaces;
   6. Location and height of all fences, walls and screen plantings;
   7. Location of all common spaces and facilities; and
   8. Proposed landscaping.
3. The applicant shall furnish:
   1. The proposed time schedule for the completion of the development or the phasing thereof;
   2. A copy of all proposed covenants, restrictions and easements;
   3. A copy of the proposed articles of incorporation and by-laws of any corporation and/or homeowners associations to be formed; and
   4. Any other information that the zoning commission or the city council may deem necessary.
4. The preliminary plat shall be prepared in accordance to requirements of the subdivision regulations and shall include space for certification of approval by the city council.

The City Council shall approve a cluster development with the preliminary plat by resolution which shall incorporate by reference all documents included in the site plan and the recommendation of the planning board. The final plat shall be submitted and approved by the city council and recorded in the County Courthouse. The face of the final plat shall bear the following language:

Uses and development within this plat shall be in conformance with the Cluster Development plan approved by the City of Columbia Falls by Resolution #_______ enacted ____________, 20___. I, __________________________________________, Owner of the property set forth herein, do hereby agree that I will develop the property in accordance with the approved Cluster Development Plan.

1. Prior to the construction of public infrastructure the developer shall submit verification that the service provider has reviewed and approved the construction plan.
2. Prior to the issuance of a building permit (if such a permit is required) the developer shall submit verification that the building(s) are in compliance with the approved Cluster Development Plan.

It is the intent of the section to limit the siting, appearance and use of shipping containers in all districts except industrial zones.

1. Permitted in the CI-1 and CI-2 industrial zoning classifications.
2. Permitted in the CB-2 business zoning classifications subject to the following standards:
   1. A limit of three (3) shipping containers per lot or tract provided the containers are located in close proximity of each other.
   2. The shipping container shall be accessory to an existing business and shall not be a standalone use.
   3. Shipping containers shall be placed at the rear of the property behind building(s) to minimize their visibility from the street.
   4. Shipping containers shall be screened from adjacent side and rear properties with thick vegetation, a solid fence, or equivalent.

1. Shipping containers used by contractors for equipment storage on a temporary basis on the construction site where the equipment is in use, during construction projects, not to exceed 18 (eighteen) months, are exempt from these requirements and are allowed in any zoning classification.
2. Shipping containers may be used on a temporary basis in any zone, not to exceed one period per year not exceeding thirty (30) consecutive days per period. More periods, not to exceed two, and/or more days, not to exceed 60 days cumulative, may be permitted by an administrative conditional use permit provided the extended use is necessary and not merely convenient, and disruption to the neighborhood is minimized.

The intent of these standards is to establish minimum requirements to protect public health, safety and welfare and to help create an attractive façade by creating structures in scale with existing development, and creating a pedestrian friendly environment, compatible with its surrounding area and contributes to the unique community character of Columbia Falls.

1. If a building façade exceeds 60 feet in length, it shall be broken down into smaller elements by jogging the wall in or out a minimum of two (2) feet for at least (10) feet in length, or by adding an element such as a porch, recessed entry, bay window, projecting trellis or similar substantial architectural feature at intervals so that no continuous wall plane is more than 60 feet in length.
2. The portion of the building within public view shall incorporate elements such as windows, arcades, lower roof overhangs, awnings, or architectural features.

1. Roof design shall conceal flat roofs and rooftop equipment such as HVAC units from public view extending out to the site perimeter.
2. Parapets shall not at any point exceed one-third of the height of the supporting wall.

1. Each principal building on a site shall have clearly defined, highly visible customer entrances featuring no less than three of the following:
   1. Canopies or porticos
   2. Overhangs
   3. Recesses/projections
   4. Arcades
   5. Raised corniced parapets over the door
   6. Peaked roof forms
   7. Arches
   8. Outdoor patios
   9. Display windows
   10. Pilasters
   11. Columns
   12. Architectural details such as tile work and moldings which are integrated into the building structure and design
   13. Integral planters or wing walls that incorporate landscaped areas and/or places for sitting
2. Where additional stores will be located in the principal building, each store which occupies 25% or more of the total square footage shall have at least one exterior customer entrance, which shall conform to the above requirements.

1. Predominant exterior building materials shall be constructed with high quality materials such as:
   1. Brick masonry
   2. Wood, large timbers
   3. Sandstone
   4. River rock and other native stone
   5. Tinted, textured, concrete masonry units
   6. Transparency elements such as windows, showcases, skylights, display windows
   7. Other similar high-quality building material.
2. Exterior colors shall be low reflectance and subtle.
3. Building trim and accent areas may feature brighter colors, including primary colors, but neon tubing or sequential lighting shall not be an acceptable feature for building trim or accent areas.
4. Front facades or facades visible from public streets, unless screened by an approved method shall not include the following:
   1. smooth-faced concrete block
   2. smooth-faced tilt-up concrete panels
   3. smooth-faced pre-fabricated steel panels

1. Landscape areas shall include all areas on the site that are not covered by buildings, structures, paving or impervious surface. The selection and location of turf, trees, ground cover (including shrubs, grasses, perennials, flowerbeds and slope retention), pedestrian paving and other landscaping elements shall be used to prevent erosion and meet the functional and visual purposes such as defining spaces, accommodating and directing circulation patterns, managing hardscape impacts, attracting attention to building entrances and other focal points, and visually integrating buildings with the landscape area.
2. Landscaping shall not be less than 5 percent of the total lot area.
3. A street frontage landscape buffer planting area is required which shall be a minimum of four (4) feet in depth from the edge of walkways, curbs or property lines.
4. Curbs shall be located away from the base of trees, shrubs, and hedges at least to the outside edge of the anticipated mature drip lines, but not less than two feet.
5. Required landscaping shall be limited to the following materials:
   1. Living ground cover;
   2. Permeable, continuous non-living ground cover;
   3. Living plant life other than ground cover;
   4. Retained native vegetation;
   5. Natural or man-made features, including but not limited to, boulders and planters;
6. Topsoil addition, final grading, seeding, and all planting of flora must be complete within nine months of occupancy, or within the first growing season after occupancy, whichever comes first. Required landscaping will be maintained thereafter, with all shrubs, trees, and groundcover being replaced as needed.
7. Any landscape element that dies, or is otherwise removed, shall be promptly replaced with the same, if not similar to, height or texture element as originally intended.
8. Future maintenance shall be in accordance with accepted maintenance practices.

1. Parking lot design must include detailed information on non-motorized pedestrian access to and through the development. Demarcation shall be required.
2. Access to current or future pedestrian and bicycle facility improvements shall be provided. To the maximum extent feasible, pedestrians and vehicles shall be separated through provisions of a walkway. Where complete separation of pedestrian and vehicle are not feasible, hazards shall be minimized by using landscaping, bollards, special paving, lighting and other means of clearly delineate pedestrian areas.
3. Large surface parking lots shall be visually and functionally segmented into several smaller lots.
4. Traffic calming techniques shall be encouraged for pedestrian safety.
5. Adequate and easily accessible cart corrals shall be provided.
6. A snow storage plan, as a component of the site plan, is required. Use of sidewalks and required parking area for snow storage is prohibited. Use of landscaping areas for snow storage may be allowed under the approved snow storage plan.

1. Illuminated signage and exterior lighting shall comply with this section of other specific sign and lighting sections of this Title.
2. Illuminated signage and exterior building lighting shall be compatible with the architecture of the project and shall not detract from the visibility of surrounding buildings.
3. Landscape and architectural lighting shall be used to illuminate building facades, building entrances, and feature or courtyard spaces, if illuminated.
4. Night lighting must be provided for all pedestrian walkways and where stairs, curbs, ramps, and crosswalks occur.
5. All exterior lighting fixtures in parking areas and driveways shall be hooded, shielded or screened to make the light downcast; arranged so as to reflect light away from adjoining uses and right-of ways.
6. Other lights shall be designed to avoid spillover glare beyond the site boundaries.
7. For those parking lots that are adjacent to residentially-zoned land, the maximum height of light posts shall not exceed 18 feet.
8. Lighting reduction and energy-efficient timer systems shall be required after normal business hours except for lighting that is mandated for general safety and security.

1. Walkways at least meeting City standards in width shall be provided along all sides of the lot that abut a public street and shall provide human-scale lighting to create a safe and attractive pedestrian atmosphere.
2. Bicycle lanes shall be provided, where appropriate, on ingress and egress routes and shall be consistent with standards identified and adopted by the City of Columbia Falls.
3. Walkways, no less than 4 feet in width, shall be provided the full length of the building featuring a customer entrance, and along any facade abutting public parking areas.
4. Commercial parking lots shall provide trash receptacles and bicycle racks.

1. Trash and recycling collection areas shall be located at least 50 feet from adjacent residential uses or zones and public streets, unless enclosed within a structure. Unenclosed trash and recycling collection areas shall not be visible from public streets, sidewalks, trails, internal pedestrian walkways, or adjacent properties.
2. Loading docks, truck parking, outdoor storage, utility meters, HVAC equipment, trash collection, trash compaction, and other service functions shall be incorporated into the overall design of the building and the landscaping so that the visual and acoustic impacts of these functions are contained and out of view from adjacent properties and public streets, and no attention is attracted to the functions by the use of screening materials that are different from or inferior to the principal materials of the building and landscape.
3. Non-enclosed areas for the storage and sale of seasonal inventory shall be permanently defined and screened with walls and/or fences. Materials, colors, and design of screening walls and/or fences and the cover shall conform to those used as predominant materials and colors on the building.

When authorized as permitted uses in the zoning district in which they are proposed to be located, dwellings with common party walls may be constructed on a sublot and separately conveyed subject to compliance with the subdivision regulations of the governing authority and with all of the following conditions:

1. Site Requirements.
   1. Each sublot shall be located in a recorded subdivision lot which shall contain an area of not less than six thousand square feet.
   2. The allowable number of sublots shall be determined by dividing the gross area of the platted lot by the density limits of the zoning district. In no case shall a sublot have an area of less than two thousand square feet nor more than one dwelling unit thereon. Neither the board of adjustments nor the zoning administrator shall have authority to vary this provision. For density computation, the gross area of the lot shall not be reduced by the area of drainage ways dedicated to the governing authority.
2. Building Limitations. The yard, height, and area requirements of the district shall apply to the entire area of the platted lot or of the developed tract.
3. Use of Common Area. When the proposed sublots are located in a subdivision which also contains areas to be held in common ownership by the owners of lots or sublots, such common area may be used for required and supplementary parking, accessory buildings, and recreational facilities.
4. Private Access Ways. Private access ways may be used for vehicular ingress and egress when shown on the preliminary plat, provided they are constructed in accordance with standards and specifications of the city council.

All temporary uses shall be approved in writing through the granting of a temporary conditional use permit by the city except as stated in 18.444.060. Conditions may be placed on the use to promote neighborhood compatibility or to mitigate health and safety issues.

Temporary uses shall comply with all setback requirements of the zoning district.

A Class A or B manufactured home or RV may be allowed on an occupied site when either a building or demolition permit has been secured for that lot and the occupants of the temporary use are actively involved in demolishing and clearing the site or constructing a new primary building. The maximum stay for temporary use is one year with extensions granted only by the city council.

Temporary uses must be connected to approved water and sewer utilities, where appropriate.

Temporary use structures shall be removed from the property and the entire property shall be restored to compliance with the zoning regulations within ten days after expiration of the permit.

Seasonal temporary uses such as fireworks stands, Christmas tree sales, and produce stands shall have specific and definable timeframes to coincide with the particular season and shall be considered a permitted use in non-residential districts during the appropriate timeframes. These uses shall be removed from the property when not in use.

The Vacation Rentals may apply for a conditional use permit within the CSAG-20; CSAG-10; CSAG-5; CR-1; CR-2; CR-3; CR-4; CR-5; and CRA-1 zoning districts. Vacation Rentals within the CB-2, CB-4 and CB-5 are permitted uses.

Any property owner within an applicable zoning district (18.445.010) wishing to rent their unit for period of thirty days or less shall complete and submit, with filing fee, an Administrative Conditional Use Permit Application Form with the City of Columbia Falls. The Administrative Conditional Use Permit shall ensure the follow standards are meet:

1. Units rented shall not exceed the allowable dwelling unit density of the underlying zoning district. A unit is defined as a rentable, lockable space within a building containing a kitchen or kitchenette.
2. The property owner shall provide the name of a local contact person that shall be responsible for handling any problems that arise with the property.
3. Each unit for rent shall provide a minimum of two off-street parking spaces.
4. Each unit will provide a sign-off of the Fire Marshall from the Columbia Falls Fire Department that indicates the dwelling has smoke detectors and egress windows for each bedroom.
5. Each unit shall provide a State of Montana Public Accommodation License for a Tourist Home. This License is administered by the Flathead City-County Health Department and is subject to annual inspections.
6. There will be no signage advertising the nightly rental of properties within the Suburban Agricultural or Residential zoning districts.
7. If located in the City Limits, provide proof of a Columbia Falls City Business License. (Note: All Vacation Rental units are subject to and the owners are responsible for collecting the State’s Bed Tax)
8. An inspection of the unit by the Zoning Administrator or his/her designee shall ensure that the dwelling in question conforms to the land use provisions of the Columbia Falls Zoning Ordinance.
9. The property owner shall understand that a violation of any of these conditions as well as repeated complaints of disturbing the peace related to the property shall result in suspension and possible revocation of the Administrative Conditional Use Permit.
10. The applicant is responsible for reviewing and adhering to all Covenants, Conditions and Restrictions in place. The City shall not be responsible for the applicant’s determinations as to compliance with such Covenants, Conditions and Restrictions and shall have no duty to enforce them.

A watchman/caretaker unit is a residential structure or portion of a structure intended for permanent occupancy by a manager, watchman, family, property owner or employee for the purpose of security, oversight, convenience or caretaking of the use or activity being conducted. A caretakers unit must comply with all of the following criteria:

1. The watchman/caretaker unit may consist of an attached apartment, freestanding residence or class A or B manufactured home. Only one caretakers unit is allowed per use or ownership.
2. Manufactured homes shall be properly anchored and skirted and may require a permanent foundation.
3. The caretakers unit shall be secondary or accessory in nature to the primary commercial or industrial use of the property.
4. The caretakers unit shall be placed on the same lot as the commercial or industrial primary use; however, if the unit is placed on an adjacent lot, it shall be tied to the primary commercial or industrial lot by deed restriction.
5. The caretakers unit shall not be sold off separately or severed from the commercial or industrial use of the property.
6. The caretakers unit shall provide two off-street parking spaces and comply with the access, paving, and parking requirements of the zone.
7. The caretakers unit shall abide by all setback and height requirements of the zone.