This chapter and subchapters herein shall be known and cited as the zoning ordinance of the city and be referred to as the zoning regulations of the official code of the city. The chapter and subchapters herein have been composed in accordance with MCA Title 76, Part 3, Section 2. In all cases, federal, state, county and local laws shall take priority over the provisions of this chapter in the event of a conflict between any applicable laws and the provisions of this document.

(Prior Code, § 11.01.010.010) (Ord. 2021-15, passed 12-20-2021)

   Where any word, phrase, clause, sentence, paragraph or subchapter, or other part of these regulations is held invalid by a court of competent jurisdiction, such judgment shall affect only that part held invalid.

(Prior Code, § 11.01.010.020) (Ord. 2021-15, passed 12-20-2021)

   Current Title 11 conflicting or inconsistent with this chapter are hereby repealed.

(Prior Code, § 11.01.010.030) (Ord. 2021-15, passed 12-20-2021)

   (A)   Generally. For the purpose of this title, certain terms and words are defined as follows. Words used in the present tense shall also include the future; words or phrases used in the singular shall also include the plural, and words used in the plural shall also include the singular; the word “building” includes “structure” and “structures” includes “building”; the words “used” or “occupied” shall include within their meaning the words “intended, arranged or designed to be used or occupied.” The word “person” shall include corporation, partnership or other legal entity. Where other definitions are necessary and are not defined herein, the City Council may define such terms.

   (B)   Additional definitions. For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.   

      ACCESS-DRIVEWAY. The means by which vehicles enter and exit the required off-street parking spaces between the street right-of-way/property line and the off-street parking space. ACCESS- DRIVEWAYS shall be a minimum width of nine feet.

      ACCESSORY USE OF BUILDING. The use of land or a subordinate building or a portion of a main building, such use being secondary to or incidental to the principle use of structure.

      ADULT BOOKSTORE. An establishment or business:

         (a)   Which has, as a portion of its stock in trade, or which sells, offers or exhibits for sale, motion pictures, video tapes, or recordings, records or tape recording, 10% of books magazines, periodical, writings, pictures or photographs defined as “obscene” by MCA § 45-8-202(2), which definition is by this reference incorporated herein; or

         (b)   Which presents or shows motion pictures, movies, video tapes reproductions or similar visual material, defined as “obscene” by MCA § 45-8-201(2), which definition is by this reference incorporated herein, regardless of the seating capacity of such establishment or business and regardless of whether such materials are presented or shown either to persons in a group or to persons individually in separate booths or viewing areas; and

         (c)   Which regularly excludes any persons by reason of their age.

      AGRICULTURE. The tilling of soil, the raising of crops, horticulture and gardening, dairying, or animal husbandry, including all uses customarily incidental thereto, but not including any agriculture industry or business, such as fruit packing plants, fur farms, animal hospitals, commercial feed lots or similar use.

      ALLEY. A narrow service way, not less than 20 feet wide, which is open to public travel and dedicated to public use, affording generally a secondary means of vehicular access to abutting lots and not intended for general traffic circulation.

      APARTMENTS. A building or portion thereof designed with more than four individual dwelling units, which are built, rented, leased or hired out to be occupied on a permanent basis as distinguished from a transient occupancy basis.

      ASSISTED LIVING FACILITY. Facility designed for frail elderly residents who need assistance with activities of daily living. ASSISTED LIVING FACILITIES should be designed to promote independence and provide personal care assistance according to individual needs in a homelike environment.

      AUTOMOBILE/JUNK. Any auto, truck or other motor vehicle which is inoperative due to a lack of wheels, engine, running gear, portions of the body work or any combination thereof.

      AUTOMOBILE WRECKING. The act of dismantling or wrecking of used motor vehicles, trailers, or the storage, sale, or dumping of dismantled, or partially dismantled, obsolete, or wrecked motor vehicles or other parts.

      AUTOMOBILE WRECKING YARD. The use of any lot, portion of or tract of land for the storage, keeping, sale or abandonment of automobiles or other motor vehicles.

      BED AND BREAKFAST INN. An owner-occupied commercial facility which provides temporary accommodations and meals for compensation. A BED AND BREAKFAST INN will have no more than five bedrooms for rent and will supply meals only to registered guests and to the immediate family members who live in the facility. It is the intent of this chapter that BED AND BREAKFAST INNS serve only as temporary accommodations and not as a long-term residence for the guests (stays limited to less than 30 days).

      BOARDING (LODGING OR ROOMING) HOUSES. A building, or portion hereof, other than a hotel, rest home or home for the aged where lodging and/or meals exclusive of the operator’s immediate family are provided for compensation.

      BUILDING. Any structure built for support, shelter or enclosure of person, animals, chattels or property of any kind.

      BUILDING HEIGHT. The vertical distance from the average elevation of the proposed finished grade at the front of a building to the highest point of a flat roof, the deck line of the mansard roof and the mean height between eaves and ridge for gable, hip and gambrel roofs.

      BUILDING INSPECTOR. The official designated by the City Council as the official responsible for accepting, reviewing and approving, or rejecting plans for buildings and applications for building and land use permits and interpretations and enforcement of ordinances related thereto.

      CARETAKER’S RESIDENCE. A single-family residence placed in conjunction with and/or attached to a land use that requires 24-hour care in order to protect the livelihood of a business.

      CHILD CARE FACILITIES. A person, association or place, incorporated or unincorporated, that provides supplemental parental care on regular basis to children 12 years of age or younger. It includes a family day care home and CHILD CARE FACILITY. It does not include a person who limits care to children who are related by blood or marriage or under their legal guardianship, or any group facility established chiefly for educational purpose.

      CHURCH. A building designed for public worship by any religious body.

      CLINIC. A place used for the care, diagnosis and treatment of such ailing, infirmed or injured persons, and those who are in need of medical or surgical attention, but who are not provided with board or room or kept overnight on the premises.

      CLUBS (FRATERNAL LODGES). Buildings and facilities owned and operated by a corporation, association, person or persons for a social, educational or recreational purpose, but not primarily for profit or to render a service which is customarily carried on as business.

      COMMERCIAL KENNEL. Any lot, premise, structure or building where six or more dogs or six or more cats of at least six months of age are kept.

      CONDITIONAL USE. See USE, CONDITIONAL.

      CONDOMINIUM/TOWNHOUSE.

         (a)   CONDOMINIUM. Ownership in common with others of a parcel of land and certain parts of a building, together with individual ownership in fee of particular unit or apartment in such building which he or she may sell, mortgage or devise as he or she would with a single-family dwelling that he or she owned.

         (b)   TOWNHOUSE. Ownership of a parcel of land with an attached single-family dwelling unit that is connected with other similar dwelling units, but separated from the other similar dwelling units by a common party wall having no doors, windows or other provisions for human passage or visibility.

      DENSITY. The total number of dwelling units allowed per gross acre.

      DWELLING. The building or portion thereof designed with living quarters for occupancy by one or more families.

      DWELLING, DUPLEX. A detached building designed as two structurally joined dwelling units and occupied exclusively by one family per dwelling unit living independently of each other, and with separate entrances.

      DWELLING, MULTI-FAMILY. A building designed with three to four structurally joined units and occupied exclusively by one family per dwelling unit living independently of each other, and with separate entrances.

      DWELLING, ONE-FAMILY. A building designed with living quarters for occupancy by one family only and containing one dwelling unit on a lot.

      DWELLING UNIT. A building or portion thereof providing separate cooking, eating, sleeping and living facilities for one family and its resident domestic employees.

      FAMILY. Any individual, or two or more persons related by blood or marriage, or a group of not more than four persons (excluding servants) who need not be related by blood or marriage, living together as a single non-profit housekeeping unit.

      FLOOR AREA. The total number of square feet of floor space within the exterior walls of a building, excluding heating, ventilation, elevator and other mechanical components (floor areas of basements shall not apply as part of the required minimum floor area of buildings).

      GARAGE, AUTOMOTIVE/VEHICULAR REPAIR. Any building or premises used for the major repair of motor vehicles as a commercial business, but not including auto wrecking or storage of wrecked motor vehicles.

      GASOLINE SERVICE STATIONS. Any building or portion thereof and the land upon which its situated used for supplying fuel and/or oil for motor vehicles at retail direct to the consumer and/or making minor vehicle repairs.

      HOME OCCUPATION. The use of a dwelling or accessory structure in a residential area, as an office, studio or work room for occupations at home, shall be divided in two categories, minor HOME OCCUPATIONS and major HOME OCCUPATIONS. Such categories shall be defined as follows.

         (a)   MAJOR HOME OCCUPATION. A home occupation, which is both managed and owned by a family member residing on the premises, which have an attached nameplate or sign not to exceed three square feet, and may create a need of off-street parking, may generate additional traffic, and require equipment other than normally used in household, domestic or general office use.

         (b)   MINOR HOME OCCUPATION. A home occupation, which is both managed and owned by a family member residing on the premises, which has no visible exterior evidence of the conduct of the occupation, which does not generate additional traffic, does not require more than 300 square feet and in which no equipment is used other than normally used in household, domestic or general office use.

      HOSPITAL. An institution providing health services, primarily for in-patients and medical or surgical care of the sick or injured, including out-patient departments, training facilities, central service facilities and staff offices.

      HOTEL. A building containing six or more rooms designed for and rented out for sleeping purposes for transients and where only a general kitchen and dining room are provided in the building or in an accessory building.

      INDUSTRY. The manufacture, fabrication, processing, reduction or destruction of any article, substance or commodity, or any other treatment thereof, in such a manner as to change the forms, character or appearance thereof, including, but not limited to, the following: animal hospitals, bottling plants, building or contractors yards, cleaning and dyeing establishments, creameries, dog pounds, junkyards, lumberyards, milk bottling and distributions stations, stockyards, storage elevators, truck storage yards, warehouses, wholesale storage, and other similar types of enterprises.

      LANDSCAPING. The placement of ornamental fixtures, such as fountains, ornamental walls, fences, benches, along with vegetative planting or trees, shrubs, grasses, flowers and the like. This definition shall also include the designing of the placement of such materials.

      LOADING BERTH-OFF-STREET. An off-street space of berth on the same lot with a principal building for the parking of commercial vehicle while loading or unloading merchandise and which has direct access from a public street or alley.

      LOT. A parcel or plat of land shown as an individual unit of ownership on the most recent plat or record of subdivision.

      LOT, CORNER. A lot situated at the junction of and abutting on two or more streets.

      LOT, COVERAGE. The total area of a lot covered by the principal and accessory buildings.

      LOT LINES. The lines bounding a lot as defined herein.

      LOT WIDTH. The width of a lot along a line parallel to the frontage thereof and lying a distance equal to the required front yard setback on such a lot.

      MANUFACTURED HOME. A factory built or manufactured transportable residential structure more than 32 body feet in length and eight feet or more in width, and built on one or more permanent chassis for towing to the point of use, and designed to be used without a permanent foundation as a dwelling unit when connected to sanitary facilities, and which bears an insignia issued by a state or federal regulatory agency indicating that MANUFACTURED HOME complies with all applicable construction standards of the United States Department of Housing and Urban Development definition of MANUFACTURED HOME. The minimum size of a MANUFACTURED HOME is described herein to refer to existing MANUFACTURED HOMES in the city. Minimum size of a MANUFACTURED HOME that are new or replacement structures differ from this definition, and the minimum size or other requirements are defined in each of the respective zoning districts ordinances. The phrase “without permanent foundation” indicated that the support system is constructed with the intent that the MANUFACTURED HOME placed thereon can be moved from time to time at the convenience of the owner. A commercial coach, recreational vehicle and motor home is not a MANUFACTURED HOME.

      MANUFACTURED HOME PARK. A parcel of land that has been planned and improved for the placement of manufactured homes for residential units, in conformance with MCA Title 50, Section 52.

      MASTER PLAN. Any document or portion of any document duly adopted by the City Council which is intended to guide the growth and development of the area. The terms MASTER PLAN and “growth policy” are interchangeable within the subchapters of this chapter.

      MODULAR HOME. A factory fabricated structure designed primarily for human occupancy to be used by itself or to be incorporated with similar units at a building site into a structure on a permanent foundation and which complies with the Montana Building, Plumbing, Electrical and Mechanical Construction Codes, and the rules and regulations for modular housing of the Building Code Division of the Montana Department of Administration. The term is intended to apply to major assemblies and does not include prefabricated panel, trusses, plumbing-trees, and other prefabricated sub-elements which are to be incorporated into a structure at the site.

         (a)   The meter base for incoming wiring is attached to the exterior wall of the MODULAR HOME; whereas, for a manufactured home, the meter base must be attached to a pole or a support which is isolated from the structure. The units shall be listed and assessed by the County Assessor as real or personal property.

         (b)   MODULAR HOMES which meet the International Building Code will be considered the same as conventional homes for the purpose of this title.

      MOTEL. See HOTEL.

      NON-CONFORMING USE OR STRUCTURE. A use or structure which lawfully occupied a building or land at the time this title or any amendments become effective and which does not conform with the use regulations of the zone in which it is located.

      NURSING HOME. A building or portion thereof used for the housing of and caring for the ambulatory, aged or infirm by a professional staff.

      OUTDOOR ADVERTISING DISPLAY.

         (a)   Any card, paper, cloth, metal, wooden, or other display or device of any kind or character, including, but not limited to, same to any poster, bill printing, painting or other advertisement of any kind whatsoever, including statuary, place for outdoor advertising purposed or on the ground, or any tree, wall, rock, fence, building, structure or thing.

         (b)   OUTDOOR ADVERTISING DISPLAY does not include:

            1.   Official notices issued by any court of public body or officer;

            2.   Notice posted by any public officer in performance of a pubic duty or by any person in giving legal notice; or

            3.   Directional, warning or informational structure required by or authorized by law or by federal, state, county or city authority.

      PARKING LOTS. A structure of an area, other than a public street or alley, designed or used for the temporary parking of motor vehicles, and available for public use, whether free, for compensation, or an accommodation for customers or clients.

      PARKING SPACE, OFF-STREET. A space located off any public right-of-way which is at least nine feet wide by 18 feet in length for parking of any motor vehicle, with room to get out of either side of the vehicle, with adequate maneuvering space and with access to public streets or alleys.

      PLANNING BOARD. A board which serves in an advisory capacity to the City Council in working to improve the present health, safety, convenience and welfare of the citizens of the city, and to plan for the future development of the city, while promoting the efficient and economical use of public funds.

      PROFESSIONAL (BUSINESS) OFFICES. Offices to be occupied by accountants, architects, dentists, doctors, engineers, lawyers, insurance agents, real estate agents or other professions which are of similar nature.

      PUBLIC AND QUASI-PUBLIC BUILDINGS. Includes public, semi-public and private elementary schools, high schools, civic buildings, community buildings and uses, museums, art galleries, fire houses, post offices, police stations, reservoirs, senior and youth centers, libraries, park, hospitals, sanitariums, and institutions for philanthropic or charitable purposes, other than correctional, essential services and similar uses.

      RECREATIONAL VEHICLE AND TRAVEL TRAILER PARK. Any area or tract or land rented or held out for rent to one or more persons or users for parking or placement of temporary recreational vacation housing.

      RECREATIONAL VEHICLES. A vehicle, self-propelled or towed, designed as a temporary dwelling for travel, recreation and vacation uses. Towed RECREATIONAL VEHICLES shall not be more than eight feet in body width.

      RESTAURANT. A public eating house which does not provide curbside or automobile service.

      RESTAURANT, DRIVE-THROUGH. A public eating house configured to provide a driveway approach or parking spaces for motor vehicles to serve patrons while in the vehicles, either exclusively or in addition to service within a building or structure, or to provide self-service for patrons and food carry-out.

      RETAIL SALES. An establishment selling goods, wares or merchandise directly to the ultimate consumers.

      ROOMING HOUSE. See BOARDING HOUSE.

      ROOMING UNIT. See UNIT, ROOMING.

      SCREENED. Concealed or cut off from direct visual contact.

      SETBACK. The horizontal distance required between any structure and a lot line. This distance to be measured at right angles to the lot line. The SETBACK line shall be parallel with the lot lines.

      SHOPPING CENTER. One or more buildings containing at least three separate retail businesses planned, developed and managed as a unit, with off-street parking provided on the property.

      SIGN. Any face of any lettered or pictorial device and/or structure designed to inform or attract attention.

      STRUCTURAL ALTERATION. Any change in the shape or size of any portion of a building or the supporting members of the girders, floor joist or roof joist.

      STRUCTURE. That which is built or constructed, an edifice or building of any kind, or any piece of work artificially built up or composed of parts joined together in some definite manner.

      UNIT, EFFICIENCY. A dwelling unit with unseparated areas for sleeping and/or cooking.

      UNIT, ROOMING. A space for human occupancy lacking private bath and/or kitchen facilities.

      USE. Any purpose for which a building or other structure or a tract of land may be designed, arranged, intended, maintained, or occupied, or any activity, occupation, business, or operation carried on or intended to be carried on in a building or other structure or on a tract of land.

      USE, CONDITIONAL. Use, other than permitted uses, that may be allowed in a specific district, but requiring additional safeguards or conditions to maintain and assure the health, safety, morals, and general welfare of the community, and to maintain the character of the district.

      VARIANCE. The relaxation of the strict application of the terms of this title with respect to mechanical requirements, such as setback requirements, yard requirements, area requirements, building height, parking and loading space requirements, and the like, where specific physical conditions unique to the site of the lot would create and unreasonable burden by making its development for permitted uses difficult or impossible.

      WHOLESALE ESTABLISHMENT. An establishment for the sale of goods and merchandise for the resale instead of direct consumption.

      YARD, FRONT. An open space extending across the full width of the lot between the front building line of the principal building and the front lot line. (Yard will be referred to as setback.)

      YARD, REAR. An open space extending across the full width of the lot between the rear building line of the principal building and the rear lot line. (Yard will be referred to as setback.)

      YARD, SIDE. An open space extending from the side building line to a side lot line running from the front to the rear of the lot. (Yard will be referred to as setback.)

      ZERO LOT LINE. The relaxation of the strict application of side yard requirements where two adjoining lot owners agree to the side yard reduction.

(Prior Code, § 11.01.010.040) (Ord. 2021-15, passed 12-20-2021)

   (A)   The city and its extraterritorial limits surrounding the city is hereby divided into zones or districts, as shown on the official zoning maps, which together with all explanatory matter thereon, is hereby adopted by reference and declared to be a part of this subchapter.

   (B)   For the purpose of this subchapter, the city is hereby divided and classified into the following use districts.

(Prior Code, § 11.01.020.010) (Ord. 2021-15, passed 12-20-2021)

   (A)   The official maps shall be available in city office and shall bear a certificate with the signature of the Mayor, attested by the City Clerk and the date of adoption of this title.

   (B)   The certificate should read as follows:

“This is to certify that this is an Official Zoning Map referred to in 11.01.020.010: OFFICIAL ZONING MAP of the Official Code of the City of Deer Lodge, Montana.”

   Mayor    

   Attested    

   Date of adoption    

   (C)   If any changes to the map are made by amendment of this subchapter in accordance with this subchapter, such changes shall be made to the official zoning map and signed, dated and certified upon the map of the material attached thereto.

   (D)   Regardless of the existence of purported copies of the official zoning maps which may from time to time be made or published, the official zoning maps kept in the city office shall be the final authority as to the current zoning status of land and water areas, buildings and other structures in the city.

(Prior Code, § 11.01.020.020) (Ord. 2021-15, passed 12-20-2021)

   (A)   In the event that the official zoning maps become damaged, destroyed or difficult to interpret because of the nature or number of changes and additions thereto, the City Council may adopt and certify new official zoning maps. The new official zoning maps may correct drafting or other errors or omissions in the prior map, but no such corrections shall have the effect of amending the original official zoning maps or any subsequent amendments thereof.

   (B)   The new official zoning maps shall be identified by signature of the Mayor and attested by the City Clerk. The certificate should read as follows:

      Mayor    

      Attested    

      Date of action    

(Prior Code, § 11.01.020.030) (Ord. 2021-15, passed 12-20-2021)

   Where uncertainty exists as to the boundaries of districts as shown on the official zoning map, the boundaries shall be interpreted as following the nearest logical line to that shown.

   (A)   Boundaries indicated as approximately following the centerline of streets, highways or alleys shall be construed to follow such centerline.

   (B)   Boundaries indicated as approximately following platted lot lines shall be construed as following such lot lines.

   (C)   Boundaries indicated as approximately following city limits shall be construed as following such city limits.

   (D)   Boundaries indicated as approximately following railroad lines shall be construed as following such railroad lines.

   (E)   Boundaries indicated as approximately following centerline of streams, rivers, canals or ditches shall be construed as following such centerline.

   (F)   Boundaries indicated as parallel to or extensions of features indicated on the official zoning map shall be determined by the scale on the map.

   (G)   Where physical or cultural features existing on the ground are at variance with those shown on the official zoning map or where other circumstances or controversy arises over district boundaries, the City Council shall interpret the district boundary.

(Prior Code, § 11.01.020.040) (Ord. 2021-15, passed 12-20-2021)

   (A)   If questions arise concerning the appropriate classification of the particular use, or if the specific use is not listed, the City Council shall determine the appropriate classification for the use.

   (B)   In interpreting use classification, the City Council shall determine that:

      (1)   The use and its operation are compatible with the uses permitted in the district wherein the use is proposed to be located;

      (2)   The use is similar to one or more uses permitted in the district wherein it is proposed to be located;

      (3)   The use will not cause substantial injury to the values of property in the neighborhood or district wherein it is proposed to be located; or

      (4)   Neither the intent of the ordinance nor the intent of the district will be abrogated by such classification.

(Prior Code, § 11.01.020.050) (Ord. 2021-15, passed 12-20-2021)

   (A)   Except as provided in §§ 11.01.170.040 and 11.01.170.050, with respect to supplementary regulations and non-conforming lots, uses and structures, the regulations set by this section shall be the minimum regulations, and all regulations as categorized shall apply uniformly to each class or kind of structure or land and particularly;

      (1)   No building or other structure shall hereafter be erected or altered:

         (a)   To exceed the maximum height of the zoning district;

         (b)   To have narrower or smaller front yards. Additions cannot impede on the minimum setback requirements of the zoning district.

   (B)   No part of any yard, or other open space, or off-street parking or loading space required about or in connection with any building for the purpose of complying with this subchapter shall be included as part of a yard, open space, or off-street parking or loading space similarly required for any other building.

   (C)   No yard or existing lot at the time of adoption of this subchapter shall be reduced in dimensions or area below the minimum requirements set forth herein. Yards or lots created after the effective date of this subchapter shall meet at least the minimum requirements established by this subchapter.

   (D)   All territory which may hereafter be annexed to the city or the city’s extraterritorial limits shall be considered to be in a similar or nearest classification district as designated by any county zoning ordinance.

      (1)   However, the City Council shall determine the appropriate zoning for any and all areas to be annexed to the city or to be annexed to the city’s extraterritorial limits, but shall request a recommendation from the City Planning Board and shall take into consideration the area growth policy.

      (2)   When such zoning of annexed territory is to be effective at the time of such annexation, the Planning Board shall have held a public hearing in order that the City Council may determine the proper zoning by an amendment to be effective upon the effective date of such annexation.

(Prior Code, § 11.01.030.010) (Ord. 2021-15, passed 12-20-2021; Ord. 2022-4, passed 11-7-2022, effective 12-8-2022)

   To ensure sufficient vision at intersections, no fence, wall, hedge, shrub, structure or other obstruction to view which exceeds 42 inches in height shall be erected, installed or maintained within a triangle formed by the property line immediately adjacent to a residential drive, local street, principal thoroughfare or railroad right-of-way according to the following distances.

 

 

(Prior Code, § 11.01.040.010) (Ord. 2021-15, passed 12-20-2021)

   No accessory building shall be in any required front yard. Placement of an accessory building on any property shall comply with current Building Code.

(Prior Code, § 11.01.040.020) (Ord. 2021-15, passed 12-20-2021)

   In any district, more than one structure housing a permitted and customary use may be erected on a single lot or tract of land; provided that yard, utility, and other requirements of this code shall be met for each structure as though it were on an individual lot.

(Prior Code, § 11.01.040.030) (Ord. 2021-15, passed 12-20-2021; Ord. 2022-4, passed 11-7-2022, effective 12-8-2022)

   The height limitations contained in any district regulations do not apply to spires, belfries, cupolas, chimneys, water tanks, ventilators, elevator housing, grain elevators or other agriculture buildings, except where prohibited by federal aviation regulations.

(Prior Code, § 11.01.040.040) (Ord. 2021-15, passed 12-20-2021)

   Every building hereafter erected or moved shall be on a lot adjacent to a public street, or with access to an approved private street, and all structures shall be located on lots as to provide safe convenient access for servicing, fire protection and required off-street parking.

(Prior Code, § 11.01.040.050) (Ord. 2021-15, passed 12-20-2021)

   Fallout shelters to protect human life during periods of danger may be constructed in or under any required yard, except that if constructed in a front yard or side yard, none of it may protrude above the average grade of the lot.

(Prior Code, § 11.01.040.060) (Ord. 2021-15, passed 12-20-2021)

   Outdoor lighting of trees, bushes, fountains, swimming pools or grounds of residences shall not illuminate or be reflected upon any adjacent property.

(Prior Code, § 11.01.040.070) (Ord. 2021-15, passed 12-20-2021)

   All salvage dealers or other persons accumulating, depositing, or storing salvage, raw material, manufacturing material, building material, or other materials within the city limits when the accumulating, depositing or storing thereof shall be without a building or not within a building, either now stored, deposited or accumulated, or hereafter so deposited, stored or accumulated, shall fence surrounding said materials with a sight obscuring fence at least six feet high, to enclose said materials from public view from outside the enclosure and must comply with all regulations within the district in which it is located.

(Prior Code, § 11.01.040.080) (Ord. 2021-15, passed 12-20-2021)

   (A)   When a lot faces more than one street and front yard setbacks have been established or in all probability, will be established on both streets, corner lot setbacks shall be at least as great as established for each street.

   (B)   When a lot faces more than one street in any residential zone, the yard setback established, in said respective zone by this title, the front yard setback shall exist on the primary street and the yard setback on the secondary or cross street shall be one-half that of the front yard setback. The determination of the primary street will be that of the street paralleling an existing alley, when no alley exists the primary street will be determined by the amount of daily road traffic of each street.

(Prior Code, § 11.01.040.090) (Ord. 2021-15, passed 12-20-2021)

   No building permit shall be issued in street right-of-way. City officials have the authority to issue approvals for the installation of public utilities and traffic-control devices within street right-of-ways.

(Prior Code, § 11.01.040.100) (Ord. 2021-15, passed 12-20-2021)

   (A)   Fences, walls and hedges in any district may be located on lot lines; provided such fence, walls and hedges do not exceed six feet in height. Fences exceeding six feet in height shall be subject to the minimum yard requirements of the district in such said fences are located.

      (1)   However, no fence, walls and hedges shall exceed four feet in any front yard as defined in this code.

      (2)   An exception to the height restriction located in § 11.01.040.110 shall be granted for fences used in an agricultural pursuit to retain stock animals in Zoning District AS.

   (B)   (1)   Except for AS Districts, no barbed wire or other sharp materials, and no electrically charged fences shall be erected or maintained in any district created by this code.

      (2)   When electrically charged fences are used in AS District, such fence shall be posted with warning signs at intervals not to exceed 150 feet, where such fences are adjacent to public right-of-ways.

   (C)   In case of a fence erected on top of a retaining wall, the height shall be measured from the grade of the high side of the wall.

(Prior Code, § 11.01.040.110) (Ord. 2021-15, passed 12-20-2021)

   Where a district boundary line as established in this code divides a lot, the more strict requirements applying to lot under this code shall be considered as extending to the entire lot, the use so extended shall be deemed to be conforming.

(Prior Code, § 11.01.040.120) (Ord. 2021-15, passed 12-20-2021)

   No public or private swimming pool in any district shall be located in any required front yard; however, if no more than six feet in height, such use may be located in any required side yard or rear yard.

(Prior Code, § 11.01.040.130) (Ord. 2021-15, passed 12-20-2021)

   Every part of a required yard or court shall be open and unobstructed by any building or structure from its lowest point upward, except as follows:

   (A)   Cornices, chimneys, canopies, eaves, balconies or other similar features may extend into a required setback area not more than three feet; and

   (B)   Open, unwalled, uncovered steps and entrance landings may extend into a required setback area not more than five feet.

(Prior Code, § 11.01.040.140) (Ord. 2021-15, passed 12-20-2021)

   Whenever any building work is being done contrary to the provisions of this code, the Building Inspector/Code Enforcement Officer shall order the work stopped by notice in writing served on any person engaged in doing or causing such work to be done, and any such person shall forthwith stop such work until authorized to proceed with the work.

(Prior Code, § 11.01.040.150) (Ord. 2021-15, passed 12-20-2021)

   (A)   It is the intent of this subchapter to permit non-conformities which were lawful before the adoption of this code to continue, unless they are removed, but not to encourage their survival. It is further the intent of this subchapter that non-conformities shall not be enlarged upon, expanded or be used as grounds for adding other structures, or uses prohibited elsewhere in the same district.

   (B)   Non-conforming uses are declared by this subchapter to be incompatible with permitted uses in the district involved. However, to avoid undue hardship, nothing in this subchapter shall be deemed to require a change in the plans, construction or design use of any building on which actual construction was lawfully begun prior to the effective date of adoption of amendment to this title and which actual building construction has been carried on diligently.

(Prior Code, § 11.01.050.010) (Ord. 2021-15, passed 12-20-2021)

   (A)   In any district, notwithstanding other limitations imposed by this title, structures permitted in said district may be erected on any single lot of record on the effective date of this code. A lot of record that does not meet lot area or lot width requirements must still meet other requirements of the district.

   (B)   Where lots are larger than required by this title, said lots may be divided, except no parcel may be divided so as to create a lot smaller in lot width or lot area than required by this title.

(Prior Code, § 11.01.050.020) (Ord. 2021-15, passed 12-20-2021)

   (A)   Where at the time of passage of this code, lawful use of land exists which would not be permitted by the regulations imposed by this title, the use may be continued so long as it remains otherwise lawful; provided:

      (1)   No such non-conforming structure may be altered or enlarged in any way which increases its non-conformity, but any structure or portion thereof may be altered to decrease its non-conformity;

      (2)   Should such non-conforming structure or non-conforming portion of a structure be destroyed by any means to the extent of more than 50% of its replacement cost at the time of destruction, it may be reconstructed in conformity with the provisions of this title within 24 months; providing it conforms to the previous footprint;

      (3)   Should such structure be moved for any reason for any distance whatever, it shall thereafter conform to the regulations for the district in which it is located after it is moved; and

      (4)   Should a non-conforming use of land be discontinued for a period of 90 days, further use of the property shall conform to this title.

   (B)   For the purpose of this subchapter, the lack of required off-street parking as applied to B-1 Central Business District shall not render structures as non-conforming.

(Prior Code, § 11.01.050.030) (Ord. 2021-15, passed 12-20-2021)

   (A)   If lawful use of a structure, or of structures that exist at the effective date of adoption or amendment of this code that would not be allowed in the district under the terms of this title, the lawful use may be continued, so long as it remains otherwise lawful; providing that:

      (1)   No existing structure devoted to a non-conforming use shall be enlarged, extended, constructed or structurally altered, unless the use is changed to a permitted use;

      (2)   Any non-conforming use may be extended to any other part of a building designed for such use, but no such use may be extended in any way to occupy land outside the building;

      (3)   Any structure, or structure and land, in or on which a non-conforming use is superseded by a permitted use shall thereafter conform to the regulations of the district in which it is located, and the non-conforming use may not thereafter be resumed; or

      (4)   Whenever a non-conforming use of structure or a premise ceases for 90 days, the structure or premises shall not thereafter be used, except in conformance with the regulations of the district in which it is located, the term CEASES, as used in this subchapter, shall mean that the activity in question has not been in operation for a period of 90 days.

   (B)   For the purpose of this subchapter, the lack of required off-street parking as applied to B-1 Central Business District shall not render structures as non-conforming.

(Prior Code, § 11.01.050.040) (Ord. 2021-15, passed 12-20-2021)

   On any non-conforming structure or portion of the structure containing a non-conforming use, work may be done on ordinary repairs and fixtures, wiring, plumbing, or repair of replacement of non-bearing walls; provided that such work does not increase the cubic content of the building. Nothing in this subchapter shall be deemed to prevent the strengthening or resorting to a safe condition of any building or portion thereof declared unsafe by any official charged with protection the public safety, upon order of such official.

(Prior Code, § 11.01.050.050) (Ord. 2021-15, passed 12-20-2021)

   The intent of this subchapter is to provide for manufactured home park development at appropriate locations and to establish standards for development in order to integrate manufactured homes into an area without adversely affecting surrounding properties, and to provide safeguards for residents of manufactured homes.

(Prior Code, § 11.01.060.010) (Ord. 2021-15, passed 12-20-2021)

   For the purpose of this subchapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.   

(Prior Code, § 11.01.060.020) (Ord. 2021-15, passed 12-20-2021)

   It shall be unlawful for any person to construct, alter or extend any manufactured home park, unless he or she holds necessary valid permits issued by the Divisions of Environmental Sanitation, State Department of Health and Environmental Sciences, and the city.

(Prior Code, § 11.01.060.030) (Ord. 2021-15, passed 12-20-2021)

   (A)   Any person desiring to enlarge, redesign or establish a manufactured home park shall submit a design plat for the consideration of the Planning Board and/or Zoning Commission, and the approval of the City Council.

   (B)   The person shall also comply with the following design standards.

      (1)   Site. The manufactured home park site shall not be exposed to smoke, dust, noise, odors or other adverse influences which might create damage to property or bring harm to occupants of the park.

      (2)   Site size. Minimum site size for manufactured home parks shall be ten acres.

      (3)   Density. The maximum density of manufactured home parks shall be regulated by separation requirements, lot area requirements and recreation area requirements as set for in this title. In no case shall the density of a manufactured home park exceed the density of the district in which it is located.

      (4)   Site coverage. Maximum manufactured home lot coverage shall not exceed 50%. Any manufactured home, accessory structure or appurtenance will apply to maximum manufactured lot coverage.

      (5)   Access. All manufactured home parks shall have access to a collector street.

      (6)   Lot Size. Minimum lot area shall be 6,000 square feet with no less than 60 feet of lot width, where both municipal or community water and sanitary sewer systems are not available, lot size will be determined by soil and water conditions and approved the State Board of Health.

      (7)   Manufactured home stand. Each manufactured home lot shall be provided with a well-drained stand with a firm base, approved by the City Building Department for the placement of a manufactured home. Each stand must be at least 12 by 50 feet for single-wide units and 24 by 50 feet for double-wide units.

      (8)   Setback. All manufactured homes and accessory buildings shall be set back no less than 20 feet from all property lines and street right-of-ways lines. Front and street setbacks shall be the same as the front yard requirements of the district in which the manufactured home park is to be located.

      (9)   Height. Maximum height for any structure within a manufactured home park shall be that of the district in which the park is to be located.

      (10)   Streets.

         (a)   All manufactured home parks shall be provided with safe and convenient vehicular access from abutting public streets and throughout the manufactured home park.

         (b)   Street widths should be of adequate widths to accommodate any contemplated parking and expected traffic load, but, in all cases, shall meet the following minimum requirements:

            1.   Collector streets with guest parking 38 feet wide back of curb to back of curb;

            2.   Collector streets with no parking 24 feet back of curb to back of curb. These minor streets shall be signed with approved no parking signs;

            3.   All dead-end streets shall be limited to a maximum length of 500 feet and shall be provided with a cul-de-sac of at least a 50-foot radius;

            4.   Minimum access width to each manufactured home stand shall be 12 feet; and

            5.   All streets in a manufactured home park shall be paved with a surface of bituminous surface mat or asphalt of three inches over a sub-base of three-fourths inch crushed gravel six inches deep.

      (11)   Parking. Off-street parking spaces shall be provided in convenient locations and in sufficient numbers to meet the needs of the occupants of the manufactured home park and their guests, but in no case shall the number of spaces be less than two spaces per lot plus an additional space for each four lots.

      (12)   Walks. Safe, convenient and all-season walks, with a minimum width of five feet shall be provided in locations where pedestrian traffic is concentrated.

      (13)   Recreational area. A minimum of 10% of the gross site area shall be reserved for park and recreation development. Such area shall be cumulated into central locations and shall be designed with trees, grass, benches, recreational equipment and the like, in relation the park residents.

      (14)   Landscaping.

         (a)   Landscaping may be required to provide a buffer between manufactured home parks and adjacent properties in other district classifications.

         (b)   Examples of what may be required are:

            1.   A greenbelt planting strip of not less than 20 feet in width along the perimeter of the manufactured home park where it abuts public right-of-way, or an area zoned in any other district classification. The greenbelt shall be developed with a mixture of hardy deciduous and coniferous plant material, grass or ground cover, and maintained thereafter in a neat and orderly manner; and

            2.   A continual ornamental wall six feet in height above grade, erected one foot off property line abutting property of another district classification and six feet from public right-of-way. Such wall shall be landscaped with suitable plant materials along both sides of the wall.

      (15)   Utilities. Utilities shall be provided in the following manner or by an alternative manner approved by the City Council.

         (a)   All sanitary sewage utilities and water facilities, including connections provided to individual lots, shall meet the requirements of the city.

         (b)   The plumbing connections to each manufactured home lot shall be constructed so that all lines are protected from freezing, from accidental bumping or from creating any type of nuisance or health hazard.

         (c)   An adequate amount of running water shall be piped into each manufactured home.

         (d)   Storm drainage facilities, where necessary, shall be so constructed as to protect those that will reside in the manufactured home park, as well as the property owners adjacent to the park. Such park facilities shall be of such capacity to ensure rapid drainage and prevent the accumulation of water in, or adjacent to the park.

         (e)   All electric, telephone and other lines from supply poles to each manufactured home lot shall be underground. When meters are installed, they shall be uniformly located.

         (f)   All city services leading to manufactured home lots shall be underground. Where separate meters are installed, each shall be located in a uniform manner.

         (g)   Facilities for the storage and disposal of trash and garbage in a sanitary and lawful manner shall be provided in each manufactured home park.

         (h)   Street and yard lights, attached to standards approved by the city, shall be provided in sufficient number and intensity to permit the safe movement of vehicles and pedestrians at night, and shall be effective related to buildings, trees, walks, steps and ramps.

         (i)   The erection, reconstruction, repair, relocation and/or alteration of all permanent buildings and structures located within a manufactured home park shall conform to the requirements of the International Building Codes adopted by the city and any regulations within ARM Chapter 24.301.

         (j)   Facilities for the dispersal and distribution of U.S. mail in a secure lawful manner shall be provided in each manufactured home park.

      (16)   Fire protection. The water supply system serving the manufactured home park shall be subject to the rules and regulations of the local fire prevention rules and regulations of the local fire prevention authority, or the system shall meet the standards for adequate fire protection established by the National Fire Protection Association Standard NFPA No. 501a, whichever is more stringent. Nonetheless, fire protection systems must be approved by the Fire Chief.

(Prior Code, § 11.01.060.040) (Ord. 2021-15, passed 12-20-2021)

   The owner of a manufactured home to be used as a residence must obtain a building permit from the city before the manufactured home is installed on any building site.

(Prior Code, § 11.01.060.050) (Ord. 2021-15, passed 12-20-2021)

   (A)   The installer shall request an inspection after all aspects of the installation have been completed. The Building Inspector, as defined in § 11.01.010.040, will inspect the installation within five business days after receiving the request. If the inspection is not completed within five business days, the tenant or owner may occupy the manufactured home at their own risk. Occupancy before inspection does not imply approval of the installation.

   (B)   The Building Inspector shall approve the installation of a manufactured home and allow the manufactured home to be occupied if the installation complies with the installation requirements listed in § 11.01.060.070 and the conditions of the building permit.

   (C)   If the installation does not comply with the installation requirements listed in § 11.01.060.070 and the conditions of the building permit, the Building Inspector shall provide the installer with a list of corrections that the installer must make. The list of corrections shall state a date by which the corrections must be completed. The Building Inspector shall reinspect the installation after the corrections are completed. If the items that require correction do not endanger the health or safety of the occupants, or substantially affect the habitability of the manufactured home, the Building Inspector may permit the owner of the manufactured home to occupy the manufactured home.

   (D)   A manufactured home which does or does not bear an insignia of approval from the U.S. Department of Housing and Urban Development may be permitted on rental lots within legally platted manufactured home parks; provided that the manufactured home has been installed in accordance with § 11.01.060.070, and inspected by the Building Inspector during the installation of the home and has been found to be in compliance with the following criteria.

      (1)   Heating facilities. The manufactured home must have operable permanent heating facilities installed and maintained according to the heating equipment manufacturer’s specifications.

      (2)   Plumbing facilities. The home must be equipped with operable plumbing facilities with hot and cold running water to include: toilet, bathtub or shower, and kitchen sink. All facilities shall be installed and maintained according to the plumbing equipment manufacturer’s specifications.

      (3)   Electrical equipment. All electrical service entrance conductors, service equipment, switches, lighting outlets, power outlets and appliances shall be installed and maintained according to the electrical equipment manufacturer’s specifications.

      (4)   Weather protection. The home must be weather protected so as to provide shelter for the occupants against the elements.

      (5)   Structure. The home shall be structurally sound with no apparent hazardous conditions in floors, walls, ceilings and roofs.

      (6)   General condition. The home must be in good condition and well-maintained to include: the exterior painted surface, the exterior siding is intact and secure, and operable windows and doors. In addition, the home shall be free of infestations of insects, vermin or rodents.

      (7)   Inspection statement. The inspection form shall include a statement that inspections do not constitute a warranty that the home is safe or livable.

(Prior Code, § 11.01.060.060) (Ord. 2021-15, passed 12-20-2021)

   (A)   The installation of any manufactured home structure shall require the approval of the Building Inspector during all phases of the installation.

   (B)   All manufactured homes will be installed in compliance with the following standards.

      (1)   Foundations system footings.

         (a)   Footings shall be constructed of either a solid concrete or an approved alternative that is at least three ad one-half inches thick by 16 inches square; or two, four- by eight-inch solid concrete blocks that are laid with their joint parallel to the main frame longitudinal member.

         (b)   Footings shall be:

            1.   Evenly bedded and leveled;

            2.   Placed on firm, undisturbed or compacted soil that is free of organic material;

            3.   Centered in a line directly under the main frame longitudinal members on both sides of a manufactured home; and

            4.   Spaced not more than eight feet apart and not more than two feet from the ends of the main frame. A closer spacing may be required, depending on the load-bearing capacity of the soil.

         (c)   A manufactured home with more than one section must have centerline blocking at end walls and at any other point of connection of the sections of the manufactured home that are a ridge beam bearing support. Blocking is also required at both ends of a door opening that is six feet or more wide in an exterior wall.

         (d)   If a manufactured home requires footings on its exterior perimeter, the footings shall be installed below the frost line. Footings for the main frame longitudinal members must be recessed only if frost heave is likely to occur.

         (e)   Footings shall be constructed so that 75% of the area under the manufactured home has at least 18 inches of clearance between the bottom of the main chassis members and the ground level. The area beneath furnace cross-over and fireplaces, however, must always have at least 18 inches of clearance. At no point under the manufactured home may clearance be less than 12 inches.

      (2)   Foundation system piers.

         (a)   An installer must build and position piers and load-bearing supports or devices to distribute the required loads evenly. An installer may use manufactured piers or load-bearing supports or devices that are listed or approved for the intended use, or may build piers that comply with the following requirements. All blocks must be concrete blocks.

         (b)   A pier may be made of a single stack of eight-inch by eight-inch blocks if the blocks are not stacked more than three blocks high. A pier made of single stack of blocks shall be installed at right angles to the main frame longitudinal member and shall be capped with no more than two, two-inch by eight-inch by 16-inch wood blocks or one four-inch by eight-inch by 16-inch concrete block.

         (c)   A pier may be made of a double stack of eight-inch by eight by 16-inch blocks if the blocks are not stacked more than five blocks high. Each row of blocks in such a pier shall be stacked at right angles to the abutting rows of blocks. A wood block must be of hem-fir, Douglas fir or spruce pine fir. The pier shall be capped with two, two-inch by eight-inch by 16-inch wood or concrete blocks. The pier shall be installed so that the joint between the cap blocks is at right angles to the main frame longitudinal member.

         (d)   A pier may be made with more than five rows of blocks if the stacked blocks are filled with 2,000 psi concrete or mortar. A licensed architect or professional engineer must approve a foundation system that includes a pier that is higher than 72 inches (nine blocks) high, or in which more than 20% of the piers exceed 40 inches (five blocks) high.

         (e)   All blocks shall be set with the cores placed vertically.

      (3)   Foundation system plates and shims. An installer may fill a gap between the top of a pier and the main frame with a wood plate that is not more than two inches thick and two opposing wedge-shaped shims that are not more than two inches thick. Wood plates and shims must be of hem-fir, Douglas fir or spruce pine fir. A shim shall be at least four inches wide and six inches long. The installer shall fit the shim properly and drive it tight between the wood plate or pier and the main frame to ensure that the manufactured home is level and properly supported at all load-bearing points. A block that abuts a wedge-shaped shim must be solid.

      (4)   Foundation fascia.

         (a)   A manufactured home shall have an approved foundation fascia around its entire perimeter. The wood of the fascia shall be at least three inches from the ground, unless it is pressure-treated wood. Metal fasteners shall be galvanized, stainless steel or other corrosion-resistant material. Ferrous metal members in contact with the earth, other than those that are galvanized or stainless steel, shall be coated with an asphaltic emulsion.

         (b)   A manufactured home that is installed on a non-recessed site and that has a metal foundation fascia shall have ventilation openings with a net area of at least one and one-half square inches per linear foot. A manufactured home that has been installed on a recessed site or that has a foundation fascia that is not made of metal shall have ventilation openings in the foundation fascia with a net area of at least one and one-half square feet for each 25 linear feet of fascia. The openings shall be designed to provide cross ventilation on at least two approximately opposite sides of the manufactured home. The installer shall locate the openings as close to the corners of the manufactured home as practical and shall cover the openings with corrosion-resistant wire or louvers.

         (c)   Dryer vents and hot water tank pressure relief valves shall exhaust on the exterior of the foundation fascia. The fascia for each section of manufactured home shall have an opening of at least 18 by 24 inches, with cover of metal or pressure treated wood, to allow access to the crawl space. The foundation fascia must be installed within 30 days after the manufactured home is occupied.

      (5)   Assembly.

         (a)   Sections of multiple section manufactured homes shall be aligned, close and securely fastened at the required points along the ridge beam, end walls and floor line. Heat ducts, electrical connections, and other fixtures and connections required between sections of a manufactured home shall be properly installed. The floor of the manufactured home shall be level within the tolerances given in the following table.

 

 

         (b)   The installer shall provide adequate clearance to ensure that the cross-over heat duct does not touch the ground and is not compressed. The installer shall insulate the cross-over duct at the intersections. The installer shall insulate and seal areas of potential air leaks to ensure that the manufactured home is air-tight and shall seal areas of potential water leaks with metal flashing or trim, if required, and with putty, tape or other approved caulking to ensure the manufactured home is watertight.

         (c)   The water pipe connection to the manufactured home shall have a main shut-off valve approved by the Public Works Department. In all other respects, utility connections to the manufactured home, including water, sewer, electricity and gas, shall comply with the same standards as housing of conventional construction. Accessory structures attached to or located next to a manufactured home, such as awnings, carports, garages, porches or steps, shall be constructed in conformance with the same construction standards as applies to conventional housing.

(Prior Code, § 11.01.060.070) (Ord. 2021-15, passed 12-20-2021)

   The intent of this subchapter is to provide for recreational vehicle and travel trailer park development at appropriate locations and to establish standards for development in order to integrate recreational vehicle and travel trailer parks into certain areas of the community without adversely affecting surrounding properties.

(Prior Code, § 11.01.070.010) (Ord. 2021-15, passed 12-20-2021)

   For the purpose of this subchapter, the definitions in § 11.01.010.040 shall apply, except for the following definition.

(Prior Code, § 11.01.070.020) (Ord. 2021-15, passed 12-20-2021)

   (A)   Accessory uses related to park management and occupant need and enjoyment, and according to the following schedule: management headquarters, recreational facilities, gift and souvenir shops, and other uses and structures customarily incidental to the operation of recreational vehicle and travel trailer parks;

   (B)   Other uses may be allowed when approved by the City Council and in conformity to the following limitations that:

      (1)   Such other uses, including parking areas for such other uses occupy not more than 10% of the total park area;

      (2)   Such use shall be restricted in use to occupants of the park or so located that the use will not interfere with the park use; and

      (3)   The use is a permitted use of the district in which the park is to be located.

   (C)   Recreational vehicle and travel trailer parks may be used for: recreational vehicles, travel trailer, equivalent facilities in or on automotive vehicles, tent, or other short-term recreational shelter arrangements on a temporary basis only.

(Prior Code, § 11.01.070.030) (Ord. 2021-15, passed 12-20-2021)

   If there appears to be a conflict between the regulations and standards in this subchapter with any other local, state or federal regulations for recreational vehicle and travel trailer parks, the more restrictive regulations shall be followed.

(Prior Code, § 11.01.070.040) (Ord. 2021-15, passed 12-20-2021)

   It shall be unlawful for any person to construct, alter or extend any recreational vehicle and travel trailer park, unless he or she holds the necessary valid permits issued by the Division of Environmental Sanitation, State Department of Health and Environmental Sciences, and the city.

(Prior Code, § 11.01.070.050) (Ord. 2021-15, passed 12-20-2021)

   The intent of this subchapter is to reduce traffic congestion and the need for parking on public streets and hazards caused thereby, and to provide off-street parking adequate for each type of development in terms of both quantity and locations.

(Prior Code, § 11.01.080.010) (Ord. 2021-15, passed 12-20-2021)

   (A)   Generally. Off-street parking required for uses herein specified shall be for use only by vehicles of employers, customers and residents of the activity served.

   (B)   Locations. Off-street parking as required by this title shall be located as specified herein.

      (1)   Single-family dwellings: on the same lot with the dwelling they are required to serve.

      (2)   Multi-family dwellings: on the same lot with the dwelling they are required to serve.

      (3)   Hospitals, sanitariums, apartments, rooming and boarding houses, fraternity, and sorority houses: within 100 feet of the facility. The specified distance is a straight-line measurement between the nearest point of the parking lot and the main, public entrance of the facility.

      (4)   Commercial and industrial zones: within 300 feet of the facility. The specified distance is a straight-line measurement between the nearest point of the parking lot and the main, public entrance of the facility.

   (C)   Size. An off-street parking space shall be at least nine feet in width and 18 feet in length, exclusive of access drives, yards or ramps. Such spaces shall have a vertical clearance of at least seven feet.

   (D)   Plans. A plan of the proposed off-street parking facility shall be submitted along with the application for the building permit for the building the off-street parking is required to serve. Said plan shall clearly indicate curb cuts, lighting, landscaping, constructions details, fencing and other features which may be required by the Planning Board, as defined in § 11.01.010.040.

   (E)   Construction. All permanent off-street parking spaces and access areas thereto shall be paved with two inches of asphalt material over all packed base composed of three-fourths inch crushed rock with a minimum depth of three inches or four inches of concrete with three inches of sub-base gravel. All off-street parking areas shall be designed and constructed to allow proper drainage.

   (F)   Screening. Any parking area built to serve any commercial or industrial use with ten or more parking spaces shall be screened from view at ground level by a decorative wall or landscaping from adjacent property zoned residential.

      (1)   Any use having more than 3,500 square feet of required permanent parking shall have 2% of the gross parking area landscaped with suitable trees and/or shrubs having a low profile. Such landscaping shall be in place before occupancy to the building or use being served.

      (2)   If, due to climatic conditions, the parking area cannot be improved as prescribed, a written request for an extension of time shall be submitted to the Planning Board. Said extension may then be granted for a time period not to exceed nine months.

   (G)   Lighting. Lighting used to illuminate a parking area shall be arranged in such a manner that it will not be a hazard to passing motorists or constitute a nuisance of any kind. Where said parking area is within 150 feet of any property classified as residential by this title and where the parking area is directly visible by the residents within 150 feet, illuminating devices shall be shaded in a manner that would direct the light away from the residential property.

(Prior Code, § 11.01.080.020) (Ord. 2021-15, passed 12-20-2021)

   Where two or more uses are combined in one development, the total parking spaces shall be the sum total, or the spaces required for each individual use. Off-street parking for one use shall not be considered for joint use as hereinafter specified.

(Prior Code, § 11.01.080.030) (Ord. 2021-15, passed 12-20-2021)

   (A)   The City Council may authorize the joint use of off-street parking facilities for the following uses or activities under the conditions specified.

      (1)   Up to 50% of the required off-street parking of primarily nighttime uses, such as theaters, bowling alleys, bars or supper clubs may be supplied by the parking requirements for primarily daytime uses, such as banks, offices, retail and personal service establishments.

      (2)   Division (A)(1) above may be reversed so that parking for daytime uses may be used for nighttime activities.

      (3)   Up to 50% of the parking facilities required by this subchapter for churches or auditoriums may be supplied by the parking facilities provided for uses primarily of a daytime nature.

   (B)   Where joint use is desired, an application shall be made to the Zoning Commission. Said applications shall contain proof that there will be no substantial conflict in the principal operating hours of the two buildings or uses for which the joint use is proposed; that all other conditions within this subchapter are met; and legal documents executed by the parties involved in the joint use guaranteeing use by both parties. Said legal document shall be approved by the City Attorney and recorded with the County Clerk and Recorder.

(Prior Code, § 11.01.080.040) (Ord. 2021-15, passed 12-20-2021)

   The following number of off-street parking spaces per use are required in residential uses:

   (A)   Single: two spaces per unit. The two off-street parking spaces may be inline or staked;

   (B)   Apartments: one and one-half spaces per unit; and

   (C)   Rooming and boarding houses: two per dwelling unit plus one per rooming unit.

(Prior Code, § 11.01.080.050) (Ord. 2021-15, passed 12-20-2021)

   (A)   The following minimum number of parking spaces shall be required of the non-residential uses specified below. The minimum size of each parking stall shall be nine by 18 feet, exclusive of aisle width.

   (B)   Reference herein to EMPLOYEE(S) ON THE LARGEST WORK SHIFT means the maximum number of employees employed at the facility regardless of the time period during which this occurs and regardless of whether any such person is a full-time employee. The largest work shift may be a particular day of the week, or a lunch or dinner period in the case of a restaurant.

   (C)   The term CAPACITY as used herein means the maximum number of persons which may be accommodated by the use as determined by its design or fire code regulations, whichever is greater.

   (D)   The term TRUCK as used herein means a vehicle used for commercial delivery or commercial transportation.

      (1)   Agricultural uses: one space per employee on the largest shift.

      (2)   Agricultural support uses: one space per employee on the largest shift, plus one space per 200 square feet of gross floor area provided for customer sales and service operations.

      (3)   (a)   Commercial and entertainment uses, except as specifically designated elsewhere: one space per 150 square feet of gross floor areas of customer sales and service floor area, plus one space per 200 square feet of storage and/or office gross floor area, or, if the use has at least 100,000 square feet of gross floor area, five and one-half spaces per 1,000 square feet of gross floor area.

         (b)   Other commercial and entertainment uses:

            1.   Banks: one space per 150 square feet of gross floor area of customer sales and service, plus one space per 200 square feet of storage and/or office gross floor area, plus three spaces off-street waiting (loading) spaces per drive-in lane;

            2.   Funeral home: one space per four patron seats or 25 spaces per chapel unit, whichever is greater;

            3.   Grocery or supermarket: one space per 100 square feet of gross floor area of customer sales and service, plus one space per 200 square feet gross floor area of storage and office space;

            4.   Hospital: two spaces per three patient beds, plus one space per staff doctor and each other employee on the largest work shift;

            5.   Hotel or motel: one space per room suite, plus one space per every three employees on the largest work shift, plus one space per every three persons to the maximum capacity of each public meeting and/or banquet room, plus 50% of the spaces otherwise required for accessory uses (examples: restaurants and bars);

            6.   Private clubs: one space per three persons to the maximum capacity of the facility;

            7.   Repair services: one space per 300 square feet of gross floor areas, plus one space per employee on the largest shift;

            8.   Restaurant: one space per three patrons’ seats or one space per 100 square feet of gross floor area, whichever is greater, plus one space per employee on the largest work shift;

            9.   Shopping center: five spaces per 1,000 square feet of gross floor area; and

            10.   Theaters and auditoriums: one space per three patrons based on maximum capacity. This requirement may be satisfied on a space-by-space basis by a facility’s providing written proof that it has the use of nearby parking lot available to its patrons (example: by contractual arrangement).

      (4)   (a)   Commercial/recreational uses: one space per four patrons to the maximum capacity of facility, plus one space per two employees on the largest work shift.

         (b)   Other commercial/recreational uses:

            1.   Bowling alley: five spaces per lane, plus one space per employee on the largest work shift;

            2.   Miniature golf course: one and one-half spaces per hole, plus one space per employee on the largest work shift; and

            3.   Skating rink, ice or roller: one space per 300 square feet of gross floor area;

      (5)   (a)   Heavy industrial uses: one space per employee on the largest shift, plus one space per company vehicle normally left on the premises.

         (b)   Other heavy industrial uses:

            1.   Truck terminal: one space per employee on the largest shift, plus one space per truck normally parked on the premises, plus one space per three patrons to the maximum capacity; and

            2.   Junkyards and wrecking yards: one space per 10,000 square feet of gross land area, plus one space per employee on the largest shift.

      (6)   (a)   Institutional, indoor, recreational and special residential uses: one space per three patrons to the maximum capacity, plus one space per employee on the largest shift.

         (b)   Other institutional, indoor, recreational and special residential uses:

            1.   Cemetery: one space per employee, plus one space per 1,000 square feet of developed ground area;

            2.   Church: one space per three seats of maximum capacity of the main chapel area;

            3.   Community and recreation center: one space per 250 square feet of gross floor area, or one space per four patrons to the maximum capacity, plus one space per employee on the largest shift;

            4.   Group dwellings: one space per bedroom or sleeping room;

            5.   Libraries and museums: one space per 250 square feet of floor area or one space per four seats to maximum capacity, whichever is greater, plus one space per employee on the largest shift;

            6.   Nursing homes: one space per three patient beds, plus one space per employee on the largest shift, plus one space per staff member and visiting doctor;

            7.   Schools:

               a.   Day care home, day care center, group day care home or nursery school: one space per teacher/employee on the largest shift, plus one off-street loading space;

               b.   Elementary and junior high: one space per teacher and staff member, plus one space per two classrooms;

               c.   Senior high: one space per teacher and staff member on the largest shift, plus one space per three students; and

               d.   College: one space per staff member on the largest shift, plus one space per two students of the largest class attendance period.

            8.   Swimming facility: one space per 75 feet of gross water area, plus one space per employee on the largest shift;

            9.   Tennis, racquetball and handball courts: four spaces per court, plus one space per employee on the largest shift; and

            10.   Assisted living facilities: one space per two residents, plus one space per employee on the largest work shift.

      (7)   (a)   Light industrial uses: one space per employee on the largest shift, plus one space per company vehicle regularly stored on the premises.

         (b)   Other light industrial uses:

            1.   Mini-warehouses: one space per ten storage cubicles, plus two spaces per manager’s residence, plus one space per 25 storage cubicles located at the warehouse office; and

            2.   Veterinary office with enclosed kennels and/or pens: three spaces per doctor, plus one space per employee on the largest shift.

      (8)   Nursery and landscaping supply uses: one space per employee on the largest shift, plus one space per 200 square feet of gross floor area of inside sales or display.

      (9)   (a)   Office uses: one space per 250 square feet of gross floor area or one space per employee of the largest shift.

         (b)   Other office uses:

            1.   Beauty and barbershops: three spaces per operator or one space per 100 square feet of gross floor area, or whichever is larger, plus one space per employee on the largest shift;

            2.   Medical offices: one space per 150 square feet of gross floor area, plus one space per employee of the largest shift and one space per doctor or professional; and

            3.   Personal or professional services: one space per 200 square feet of basement and first floor gross floor area, plus one space per 300 square feet of any additional floor area for customer service, plus one space per employee on the largest shift.

      (10)   (a)   Outdoor recreational uses: one space per four expected patrons at capacity.

         (b)   Other outdoor recreational uses:

            1.   Golf courses (nine and 18 hole): 36 spaces per nine holes, plus one space per employee on the largest shift, plus 50% of spaces required for any accessory uses (example: bar and restaurants);

            2.   Golf courses (par three): 36 spaces per nine holes, plus one space per employee on the largest shift, plus 50% of spaces required for any accessory uses (example: bars and restaurants);

            3.   Outdoor swimming pool: one space per 75 square feet of gross water area, plus one space per employee of the largest shift; and

            4.   Tennis courts: three spaces per court.

      (11)   Public service uses: one space per employee on the largest work shift, plus one space per company vehicle normally stored on premises.

      (12)   Recreational vehicle park: one and one-half spaces per each recreational vehicle site, plus one space per employee on the largest shift.

      (13)   (a)   Highway commercial uses: one space per 200 square feet of gross floor area, plus one space per employee on the largest shift.

         (b)   Other highway commercial uses:

            1.   Convenience grocery: one space per 100 square feet of gross floor area;

            2.   Fast-food restaurant: one space per 50 square feet of gross floor area, plus one space per employee on the largest work shift;

            3.   Taverns, dance halls, night clubs and lounges: one space per 50 square feet of gross floor area, plus one space per employee on the largest shift;

            4.   Vehicle sales and service: one space per 1,500 square feet of gross floor area, plus one space per employee of the largest shift;

            5.   Vehicle repair and maintenance services: one space per 400 square feet of gross floor area, plus one space per employee on the largest work shift; and

            6.   Service station: one space per two gasoline or diesel pumps, plus two spaces per service bay, plus one space per employee of the largest shift.

(Prior Code, § 11.01.080.060) (Ord. 2021-15, passed 12-20-2021)

   See applicable districts.

(Prior Code, § 11.01.090) (Ord. 2021-15, passed 12-20-2021)

   The intent of this subchapter is to coordinate the physical dimensions of signs to different land uses in the city’s zoning jurisdiction; to recognize commercial communication requirements of all sectors of the business community; to encourage the innovative use of design; to promote both renovation and proper maintenance; to mitigate the impacts of commercial signs on the city’s surrounding natural scenic beauty; to allow for special circumstances; to ensure that signs are constructed and installed properly; and to protect the public’s health, safety and general welfare.

(Prior Code, § 11.01.100.010) (Ord. 2021-15, passed 12-20-2021)

   For the purpose of this subchapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.   

(Prior Code, § 11.01.100.020) (Ord. 2021-15, passed 12-20-2021)

   No sign permitted by this subchapter shall, due to its location, lighting, size intensity or color, create a hazard to the safe, efficient movement of vehicular or pedestrian traffic.

   (A)   A sign as permitted by this subchapter shall be maintained by the owner and kept in good condition.

   (B)   In addition, all parts and supports shall be routinely painted and repaired when in an unsafe, deteriorated or rotted condition.

   (C)   The surface of the ground under and about any freestanding sign shall be kept free of weeds, rubbish or flammable waste material.

   (D)   Any sign determined to be hazardous by law enforcement, the Fire Chief, or Building Inspector and/or Code Enforcement Officer (as defined in § 11.01.010.040) shall be removed by the owner of the sign or be repaired or modified so that the hazardous conditions no longer exists within 30 days of written notification of the hazard unless otherwise specified.

(Prior Code, § 11.01.100.030) (Ord. 2021-15, passed 12-20-2021)

   The following signs shall be permitted in all zoning districts and shall not require a permit:

   (A)   Signs advertising the sale, lease or rental of the premises upon which the sign is located;

   (B)   Legal notices, identification, information or directional signs erected or required by government bodies;

   (C)   Integral decorative or architectural features of buildings, except lettering, trademarks, moving parts or moving lights;

   (D)   Signs directing and guiding traffic and parking;

   (E)   Bulletin boards for churches, schools or other public, religious or educational institutions;

   (F)   Signs advertising yard sales; and

   (G)   Political advertising signs.

(Prior Code, § 11.01.100.040) (Ord. 2021-15, passed 12-20-2021)

   (A)   On-site signs. All on-site signs permitted as accessory uses in all business and industrial districts shall require a zoning permit and are subject to the following regulations.

      (1)   No freestanding sign shall be set nearer to the lot line adjacent to a street than the required minimum setback for the principal uses permitted in the zoning district.

      (2)   No sign that overhangs the public right-of-way shall be closer than two and one-half feet from the curb or curb line.

      (3)   No sign that overhangs the public right-of-way shall be less than eight feet from the surface of the right-of-way to the bottom of the sign.

      (4)   No on-site sign shall exceed 30 feet in height as measured from either the grade at the sign or at the nearest roadway, whichever is greater.

      (5)   No on-site or roof sign shall exceed 65 feet in height or 300 square feet when located within three-fourth mile of where the I-90 Exit 184 and Main Street intersect and where I-90 Exit 187 and Main Street intersect.

   (B)   Off-site signs.

      (1)   Setback. No off-site sign shall be set nearer to the lot line adjacent a street than the required minimum setback for the principal uses permitted in the district.

      (2)   Height.

         (a)   No off-site sign shall exceed 30 feet in height as measured from either the grade at the sign or at the nearest roadway, whichever is greater.

         (b)   No off-site sign shall exceed 65 feet in height or 300 square feet when located within one-half mile of where the I-90 Exit 184 and Main Street intersect and where Interstate 90 Exit 187 and Main Street intersect.

(Prior Code, § 11.01.100.050) (Ord. 2021-15, passed 12-20-2021)

   (A)   Major home occupations are allowed one nameplate or sign attached to the main door, side of the residential building, or suspended in a window that shall not exceed 12 square feet in area. Signs are prohibited in minor home occupations (see §§ 11.01.120.010 through 11.01.120.090).

   (B)   Family day care homes, private and public child care facilities, and private and public day care homes are allowed one sign. The sign must be attached to the building and shall not exceed eight square feet in area.

   (C)   Other businesses listed as permitted conditional uses in residential zones (i.e., medical or professional offices), churches and other organizations, institutions, and apartment complexes are allowed one freestanding sign or sign attached to the building. The sign shall not exceed eight feet in height or 12 square feet in area.

(Prior Code, § 11.01.100.060) (Ord. 2021-15, passed 12-20-2021)

   The intent of this subchapter is to protect the health, safety and welfare of the public by enhancing the beauty of the city, by protecting the character and stability of different uses of property, by preserving the value of land and buildings, by retarding the spread of noxious weeds, and other purposes beneficial to the public.

(Prior Code, § 11.01.110.010) (Ord. 2021-15, passed 12-20-2021)

   Appropriate landscaping materials shall include plants, mulch, and rock.

(Prior Code, § 11.01.110.020) (Ord. 2021-15, passed 12-20-2021; Ord. 2022-4, passed 11-7-2022, effective 12-8-2022)

   All landscaping elements shall be maintained in good growing condition and kept free of weeds, debris and litter, and whenever necessary, replace with new plant materials to ensure continued compliance with this subchapter. All walls and fences shall be maintained in good condition and, when necessary, be repaired or replaced. The owner of the property shall be responsible for compliance with this subchapter.

(Prior Code, § 11.01.110.030) (Ord. 2021-15, passed 12-20-2021)

   All landscaped areas must comply with the clear vision standards for intersections and driveways, including the allowed height and placement of fences, walls, signs and landscaping materials, in addition to other objects located within the clear vision triangles(s).

(Prior Code, § 11.01.110.040) (Ord. 2021-15, passed 12-20-2021)

   A fully dimensional site plan of all proposed landscaping, including the composition of the landscaping and installation details shall be submitted with a building permit application under § 11.01.260.020.

   (A)   A certificate of occupancy for the property shall not be issued until the landscaping is completed or a bond in the amount of 150% of the cost of completion of the landscaping is provided to the city.

   (B)   The cost of completion of the landscaping shall be determined by a professional landscaping business.

   (C)   The bond shall be in the form of cash, certificate of deposit; letter of credit issued by a federally insured lending institution, completion bond issued by an approved insurance or bonding company.

   (D)   The bond shall also be based on a written contract between the city and the contractor.

   (E)   In the event that the landscaping is not completed according to the approved plan within one year after the issuance of the certificate of occupancy, the city may obtain the proceeds from the bond and contract to have the landscaping completed.

   (F)   The applicant shall be responsible for the entire cost of completing the landscaping, including any cost in excess of the amount of the bond.

(Prior Code, § 11.01.110.050) (Ord. 2021-15, passed 12-20-2021)

   The intent of conditional use permits is to provide for specific uses, other than those specifically permitted in each district, which may be appropriate in the district under certain safeguards or conditions.

(Prior Code, § 11.01.120.010) (Ord. 2021-15, passed 12-20-2021)

   No structure or land may be used for any purpose in any district where such use is not a permitted use, unless such use is listed as a conditional use in this code and approval for that use is obtained through the proper procedure. Conditional use permits shall be granted only by the City Council when their findings are that:

   (A)   The use conforms to the objectives of the growth policy and the intent of this code;

   (B)   Such use will not adversely affect nearby properties or their occupants;

   (C)   Such use meets density, coverage, yard, height and all other regulations of the district in which it is to be located, unless otherwise provided for in this code; and

   (D)   Public hearings have been held, after the required legal notices have been given and the public has been given a chance to be heard upon the matter.

(Prior Code, § 11.01.120.020) (Ord. 2021-15, passed 12-20-2021)

   (A)   All applicants for conditional use permits shall be filed in the city hall office accompanied with a filing fee established as set forth in §§ 11.01.270.010 through 11.01.270.080 to cover associated administrative and review costs. All applications must be signed by the property owner.

   (B)   The Planning Board shall hold such investigation of facts bearing all the applications and will provide necessary information to assure that the action on each such application is consistent with the intent and the purpose of this subchapter.

      (1)   The Planning Board shall inform property owners within 300 feet of the property boundary of the proposed conditional use with ten days of the scheduled hearing date of the proposed conditional use via United States mail.

      (2)   Names and addresses of the adjoining property owners will be provided to the city hall by the applicant.

      (3)   Notice of the public hearings will be posted on the property at least ten days prior to the date of the public hearing before the Planning Board and at least 20 days prior to the next regularly scheduled City Council meeting.

   (C)   A hearing on the application shall then be held before the Planning Board on the set time to gather needed facts from all interested parties. The Planning Board may continue such hearing, if need be, to take additional information.

   (D)   (1)   The Planning Board shall send, to the City Council, their recommendations on the application with any and all pertinent facts.

      (2)   The applicant will be given a copy of the Planning Board’s recommendation to the City Council at least ten days prior to the Council meeting.

   (E)   (1)   Upon receipt of the Planning Board’s recommendation, the City Council will hold a public hearing on said application at which the Planning Board’s recommendation shall be read and additional testimony may be taken from interested parties.

      (2)   The City Council shall then either approve or deny the application. If the application is denied, reasons for denial shall be given.

(Prior Code, § 11.01.120.030) (Ord. 2021-15, passed 12-20-2021)

   The City Council may make the granting of a conditional use permit subject to reasonable limitations or conditions as it may deem necessary to enhance the appearance of the property or reduce any adverse effects on nearby property or residents, to preserve the character of the area, or to make it more acceptable in other ways.

(Prior Code, § 11.01.120.040) (Ord. 2021-15, passed 12-20-2021)

   Permitted conditional uses for each zoning district are listed in the appropriate subchapter for each zoning district.

(Prior Code, § 11.01.120.050) (Ord. 2021-15, passed 12-20-2021)

   Failure of any person or persons who holds a conditional use permit issued by the City Council to abide by all of the restrictions and conditions of the conditional use permit shall be adequate grounds for the City Council to revoke such conditional use permit and order that the conditional use shall be discontinued within 30 days of the revocation of the conditional use permit.

(Prior Code, § 11.01.120.060) (Ord. 2021-15, passed 12-20-2021)

   (A)   Major home occupations shall be permitted with the intention of permitting uses which in the opinion of the approving body will not adversely affect the public safety, health, and general welfare and uses permitted in the district of which it is a part. Criteria for approval of major home occupations shall include, but may be limited to, the following:

      (1)   The activity must be clearly incidental to the use of the dwelling for dwelling purposes and shall not change the character or appearance thereof;

      (2)   Only members of the immediate family who reside within the dwelling shall own or manage the home occupation;

      (3)   The home occupation may be advertised by a nameplate or sign not to exceed 12 square feet that is attached to the building’s wall, door or suspended in a window, or freestanding or moveable; or

      (4)   No materials or mechanical equipment shall be used which will be detrimental to the residential use of said residence or adjoining residences because of vibration, noise and odor.

   (B)   Under no conditions will any material classified as hazardous be allowed if not stored properly.

(Prior Code, § 11.01.120.070) (Ord. 2021-15, passed 12-20-2021)

   (A)   Minor home occupation conditional use permits, as defined in § 11.01.010.040 shall be approved by the City Council.

   (B)   Major home occupation conditional use permits, as defined in § 11.01.010.040, shall be granted only by the City Council when their findings are that:

      (1)   The use conforms to the objectives of the master plan and the intent of this code;

      (2)   Such use will not adversely affect nearby property or their occupants;

      (3)   Such use meets density, coverage, yard, height and all other regulations of the district in which it is to be located, unless otherwise provided for in the code;

      (4)   Public hearings have been held, after the required legal notices have been given and the public has been given a chance to be heard upon the matter; and

      (5)   There shall be a right of review by the Board of Adjustment by the applicant for a major home occupation if the conditional use permit is denied. There shall also be a right of appeal to the City Council by any neighbors if the conditional use permit is approved.

(Prior Code, § 11.01.120.080) (Ord. 2021-15, passed 12-20-2021)

   The revocation of home occupational or conditional use permits shall be governed by the same restrictions as listed under § 11.01.120.060.

(Prior Code, § 11.01.120.090) (Ord. 2021-15, passed 12-20-2021)

   (A)   The purpose of the planned unit development (PUD) is to allow maximum flexibility and innovation in development design and land utilization through the relaxation of zoning and subdivision regulations.

   (B)   In view of these relaxations, a PUD should provide a more desirable environment than could be achieved within the existing zoning and subdivision ordinance in terms of:

      (1)   More economical and efficient use of the land;

      (2)   A choice in the types of physical environment, occupancy tenure, building types, types of ownership and community facilities available to existing and potential residents or tenants;

      (3)   Usable open space, recreation areas, bike paths, pedestrian networks and the like, in excess of existing subdivision and zoning requirements;

      (4)   Preservation of natural topographical and geological features with emphasis upon:

         (a)   Prevention of soil erosion;

         (b)   Conservation of existing surface and subsurface water; and

         (c)   Preservation of major trees or other environment enhancing features.

      (5)   An efficient network of streets and utilities (underground utilities where feasible); and

      (6)   Aesthetic appeal.

(Prior Code, § 11.01.130.010) (Ord. 2021-15, passed 12-20-2021)

   The PUD shall be designed and developed in a manner compatible with and complimentary to existing and potential residential development in the immediate vicinity of the project site. Site planning on the perimeter shall give consideration to protection of the property from adverse surrounding influences, as well as protection of the surrounding areas from potentially adverse influences within the development. In addition, the PUD shall relate harmoniously to the topography of the site, make suitable provisions for preservation of watercourses, wooded areas, rough terrain, and similar natural features and areas, and shall otherwise be so designed as to use such natural features and amenities to the best advantage.

(Prior Code, § 11.01.130.020) (Ord. 2021-15, passed 12-20-2021)

   Three contiguous acres of land with smaller acreages may be accepted where the applicant can demonstrate that the proposed site will meet the objectives in § 11.01.130.100.

(Prior Code, § 11.01.130.030) (Ord. 2021-15, passed 12-20-2021)

   Any district where the applicant can demonstrate that his or her proposal will meet the objectives of § 11.01.130.010 and not create any detrimental effects to that area.

(Prior Code, § 11.01.130.040) (Ord. 2021-15, passed 12-20-2021)

   The City Council shall determine in each case the appropriate land use and dwelling unit density for individual projects. The determination of land use or dwelling unit densities shall be completely documented, including all facts, opinions and judgments justifying the selection of the rating or density. Permitted densities of existing zoning may be used as minimum guidelines.

(Prior Code, § 11.01.130.050) (Ord. 2021-15, passed 12-20-2021)

   When common property exists, open space, recreational facilities and the like, the ownership of such common property may be either public or private. Satisfactory arrangements shall be made with the City Council for the improvement, operation and maintenance of such common property and facilities, including private streets, driveways, service and parking areas, and recreational open space areas.

(Prior Code, § 11.01.130.060) (Ord. 2021-15, passed 12-20-2021)

   (A)   Required open space shall comprise at least 40% of the total area of the PUD. Land occupied by buildings, streets, driveways or parking spaces may not be counted in satisfying this open space requirement; provided however, that land occupied by recreational buildings and structures may be counted as required open space.

   (B)   At least one-half of the required open space shall have an overall finished grade not to exceed 10%, shall be suitably improved for its intended purposes, and all lawn and landscaped areas reserved for common use shall be provided with a permanent watering system adequate to maintain such areas.

   (C)   The remaining one-half of the required open space may also be improved, or may be left in its natural state, particularly if natural features worthy of preservation exist on the site. Open space left in its natural state shall be kept free of litter and shall at no time constitute a health, safety, fire or flood hazard.

   (D)   If the development is to be accomplished in stages, the development plan shall coordinate improvement of the open space, the construction of buildings, structures and improvements in such open space, and the construction of dwelling units in order that each development stage achieves a proportionate quality of the total planned development.

(Prior Code, § 11.01.130.070) (Ord. 2021-15, passed 12-20-2021)

   No intensive recreational use shall be permitted within 100 feet of any external boundary which adjoins or is separated only by a boundary street from land in any residence, estates or agricultural zone; provided, however, that where permanent intervening open space at least 100 feet in width exists on adjacent property, this restriction will not apply.

(Prior Code, § 11.01.130.080) (Ord. 2021-15, passed 12-20-2021)

   (A)   No building, except as hereafter provided shall be located closer than five feet from any interior vehicular or pedestrian way, court, plaza, open parking lots or any other surfaced area reserved for public use in common by residents of the PUD. Such setback shall generally be measured from the nearest edge of a surfaced area; provided, however, that where no sidewalk exists in conjunction with a public or private street, such setback shall be measured from the nearest edge of the street right-of-way or private road easement.

   (B)   Spacing between buildings shall be at least ten feet.

   (C)   Each building shall be surrounded on all sides by relative level open space having a slope no greater than 10% and extending a minimum distance of ten feet in all directions measured form the furthest projection of the external walls of the building.

   (D)   A setback of not less than 25 feet shall be maintained by any building or structure, except a wall or fence, from any street along an exterior boundary of the development.

(Prior Code, § 11.01.130.090) (Ord. 2021-15, passed 12-20-2021)

   All buildings and structures shall conform to the height regulations of the zone in which the planned unit development is located; provided, however, that the City Council may approve buildings and structures of greater height if such buildings and structures would not have an adverse effect on adjacent properties or on properties or developments in the vicinity. No additional height shall be approved within 100 feet of any external boundary of the planned unit development adjacent to land in any residential, estates or agricultural zone.

(Prior Code, § 11.01.130.100) (Ord. 2021-15, passed 12-20-2021)

   Any building or any dwelling unit that is located more than 100 feet from a public or private street or other vehicular way shall have pedestrian access thereto capable of accommodating emergency and service vehicles.

(Prior Code, § 11.01.130.110) (Ord. 2021-15, passed 12-20-2021)

   Off-street parking areas not under cover shall be screened from view of nearby residents of the development by shrubs or other appropriate features.

(Prior Code, § 11.01.130.120) (Ord. 2021-15, passed 12-20-2021)

   Fire hydrants and connections shall be installed as required by the City Council and shall be of a type approved by the Public Works Director.

(Prior Code, § 11.01.130.130) (Ord. 2021-15, passed 12-20-2021)

   Interior street, building and other signs shall be uniform in design and reflect good taste in style and size.

(Prior Code, § 11.01.130.140) (Ord. 2021-15, passed 12-20-2021)

   Light fixtures for walks, parking areas, driveways and other facilities shall be provided in sufficient number and at proper locations to assume safe and convenient nighttime use.

(Prior Code, § 11.01.130.150) (Ord. 2021-15, passed 12-20-2021)

   A common central television antenna shall be provided with underground cable service to at least all buildings containing dwelling units. No other exterior radio or television antennas shall be permitted.

(Prior Code, § 11.01.130.160) (Ord. 2021-15, passed 12-20-2021)

   Modification of the development criteria of this subchapter may be granted by the City Council after reviewing comments produced by the Planning Board to determine if the produced modification will not be detrimental to the subject development, adjacent properties, or the public interest.

(Prior Code, § 11.01.130.170) (Ord. 2021-15, passed 12-20-2021)

   (A)   The general outlines of the proposal, evidenced schematically by sketch plans, are to be submitted to the Planning Board or their designated agent prior to the submission of PUD application.

   (B)   This conference provides the developer with an opportunity to gather information and obtain guidance as to the general conformity of the project with the area in which the development is to take place. During this conference, particular attention shall be given to:

      (1)   Present uses and character of the area and how the proposal may affect them;

      (2)   The road and street system;

      (3)   Public and private open space and parks;

      (4)   Public utilities and services; and

      (5)   The residential housing mix, proposed market and general overall appearance of the development.

(Prior Code, § 11.01.130.180) (Ord. 2021-15, passed 12-20-2021)

   Information as required under §§ 11.02.030.010 through 11.02.030.110 and 11.02.050.005 through 11.02.050.060 of the subdivision regulations.

(Prior Code, § 11.01.130.190) (Ord. 2021-15, passed 12-20-2021)

   Information as required under §§ 11.02.030.010 through 11.02.030.110 and 11.02.050.005 through 11.02.050.050 of the subdivision regulations with the addition of the following:

   (A)   Photographs of the site showing the existing topographical features and natural amenities;

   (B)   Plans, elevations and perspective drawings of all typical proposed structures and improvements;

   (C)   A development schedule indicating:

      (1)   The approximate dates when construction of the project can be expected to begin;

      (2)   The approximate completion dates of each phase of the development; and

      (3)   The area and location of common open space will be provided at each stage.

   (D)   A general description of the availability of related community facilities, such as schools, fire protection services and cultural facilities, if any, and how these facilities are affected by the proposal; and

   (E)   Evidence of how the developed proposed land uses meet existing and projected community requirements (examples: housing types and the like).

(Prior Code, § 11.01.130.200) (Ord. 2021-15, passed 12-20-2021)

   Approval of a PUD shall be obtained through conditional use permit procedures as specified in §§ 11.01.120.010 through 11.01.120.090 and by following the adopted subdivision regulations.

(Prior Code, § 11.01.130.210) (Ord. 2021-15, passed 12-20-2021)

   The intent of this District is to discourage small tract development in areas of agriculture importance and in areas of environmental concern. It is intended that though the use of this District, agricultural pursuits will be encouraged, and environmental concerns considered/reviewed.

(Prior Code, § 11.01.140.010) (Ord. 2021-15, passed 12-20-2021)

   The following are permitted uses:

   (A)   Accessory uses and buildings, including single and multi-family dwellings to house employees working on the farm or ranch;

   (B)   Agriculture uses;

   (C)   Conditional uses provided in § 11.01.140.090 and subject to the provisions as prescribed;

   (D)   Group day care home;

   (E)   Home occupations;

   (F)   One-family dwellings;

   (G)   The sale, on the premises, of products produced thereon;

   (H)   Veterinary clinics;

   (I)   Commercial kennel;

   (J)   Riding academies; and

   (K)   Open space.

(Prior Code, § 11.01.140.020) (Ord. 2021-15, passed 12-20-2021)

   Maximum lot area in this District shall be ten acres with a lot width not less than 330 feet.

(Prior Code, § 11.01.140.030) (Ord. 2021-15, passed 12-20-2021)

   Reserved.

(Prior Code, § 11.01.140.040) (Ord. 2021-15, passed 12-20-2021)

   Every lot shall have the following minimum property line setbacks of ten feet.

(Prior Code, § 11.01.140.050) (Ord. 2021-15, passed 12-20-2021)

   Maximum building height for buildings designed and constructed for human occupancy shall be 32 feet. All other structures may exceed this height.

(Prior Code, § 11.01.140.060) (Ord. 2021-15, passed 12-20-2021)

   Off-street parking shall be provided.

(Prior Code, § 11.01.140.070) (Ord. 2021-15, passed 12-20-2021)

   Except for pastures, any stable, barn, hutch, pen shed or other such structure built to enclose or house animals or fowl shall be not less than 100 feet from any structure used for human occupancy, except the residence occupied by the property owner. The said enclosure shall be set back not less than 50 feet from any property line.

(Prior Code, § 11.01.140.080) (Ord. 2021-15, passed 12-20-2021)

   The following uses may be permitted as conditional uses in the AS - Agricultural Suburban District:

   (A)   Churches;

   (B)   County clubs;

   (C)   Plant nurseries;

   (D)   Fishing clubs;

   (E)   Golf clubs;

   (F)   Hunting clubs;

   (G)   Private and public day care facilities;

   (H)   Private and public group day care homes;

   (I)   Private and public schools, elementary;

   (J)   Private and public schools, junior high;

   (K)   Private and public schools, high;

   (L)   Private and public parks;

   (M)   Private and public playgrounds;

   (N)   Private and public trade or technical schools;

   (O)   Private and public schools, universities and colleges; and

   (P)   Recreational vehicle parks.

(Prior Code, § 11.01.140.090) (Ord. 2021-15, passed 12-20-2021)

   The intent of this District is to provide for low density single-family residential development and to provide for such community facilities and services as will serve the area’s residents while protecting the residential character and quality of the area.

(Prior Code, § 11.01.150.010) (Ord. 2021-15, passed 12-20-2021)

   The following are permitted uses:

   (A)   Accessory uses;

   (B)   Conditional uses provided in § 11.01.150.100 and subject to the provisions as prescribed;

   (C)   Minor home occupations;

   (D)   Newly constructed one-family dwellings;

   (E)   Duplexes, triplexes, and fourplexes;

   (F)   Open space;

   (G)   Private and public child care facilities; and

   (H)   Temporary building for and during construction only.

(Prior Code, § 11.01.150.020) (Ord. 2021-15, passed 12-20-2021; Ord. 2022-4, passed 11-7-2022, effective 12-8-2022)

   Any newly created lots for this area for any use in this District shall be no less than 5,000 square feet and no lot width shall be less than 40 feet.

(Prior Code, § 11.01.150.030) (Ord. 2021-15, passed 12-20-2021; Ord. 2022-4, passed 11-7-2022, effective 12-8-2022)

   Not more than 60% of the lot area shall be occupied by the principal and accessory buildings.

(Prior Code, § 11.01.150.040) (Ord. 2021-15, passed 12-20-2021; Ord. 2022-4, passed 11-7-2022, effective 12-8-2022)

   (A)   The average of the existing setbacks of the lots on both sides and to the rear of the subject property will determine the property line setbacks. The following rules apply in calculating the average:

      (1)   The setbacks used for the calculations must be for the same type of structure that is being averaged;

      (2)   Only the setbacks on the lots that abut each side of the subject property and are on the same street may be used;

      (3)   The rear setbacks directly opposite the subject property are applicable to determine the rear setbacks; and

      (4)   Setbacks across the street or along a different street are unacceptable.

   (B)   The following minimum setbacks are required when the use of averaging method is not applicable:

      (1)   Front setback: 25 feet;

      (2)   Rear setback, principal structure: 20 feet;

      (3)   Rear setback, accessory uses: ten feet; and

      (4)   Side: five feet each side.

(Prior Code, § 11.01.150.050) (Ord. 2021-15, passed 12-20-2021)

   Maximum building height in this District shall be 24 feet.

(Prior Code, § 11.01.150.060) (Ord. 2021-15, passed 12-20-2021)

   Off-street parking shall be provided.

(Prior Code, § 11.01.150.070) (Ord. 2021-15, passed 12-20-2021)

   Reserved.

(Prior Code, § 11.01.150.080) (Ord. 2021-15, passed 12-20-2021)

   Modular homes located in the R-1 District shall be situated on a permanent foundation that shall meet current International Building Codes adopted by the city and any regulations set forth by the Montana State Building Codes Bureau. Modular homes in this District can be no less than 24 feet in width and shall have a minimum of a 4:12 pitched roof.

(Prior Code, § 11.01.150.090) (Ord. 2021-15, passed 12-20-2021)

   The following uses may be permitted as conditional uses in the R-1 Residential Single-Family District:

   (A)   Churches;

   (B)   Country clubs;

   (C)   Golf courses;

   (D)   Libraries;

   (E)   Major home occupations;

   (F)   Private and public schools, elementary;

   (G)   Private and public schools, junior high;

   (H)   Private and public schools, high;

   (I)   Private and public parks;

   (J)   Private and public playgrounds; and

   (K)   Private and public universities and colleges.

(Prior Code, § 11.01.150.100) (Ord. 2021-15, passed 12-20-2021; Ord. 2022-4, passed 11-7-2022, effective 12-8-2022)

   The intent of this District is to provide for medium density single-family residential development, including manufactured homes, and to provide for such community facilities and services as will serve the area’s residents while protecting the residential character and quality of the area.

(Prior Code, § 11.01.160.010) (Ord. 163, passed 12-19-2016; Ord. 2021-15, passed 12-20-2021)

   Permitted uses include:

   (A)   Accessory uses;

   (B)   Conditional uses provided in § 11.01.160.100 and subject to the provisions as prescribed;

   (C)   Newly constructed one-family dwellings;

   (D)   Manufactured homes, subject to the following restrictions.

      (1)   Manufactured homes may be single, double, or triple wide.

      (2)   The area beneath the manufactured home structure shall be enclosed with materials that are aesthetically consistent with concrete or masonry foundations.

      (3)   All towing apparatus, wheels, axles and transporting lights must be removed.

      (4)   The front of the home must face the street with exterior facades consisting of vinyl or wood siding, stone, brick, or other non-metallic material.

      (5)   The pitch of the roof must be at least 3:12 with a minimum of six inches of overhang and be finished with a type of shingle that is commonly used in standard residential construction.

      (6)   The home must have a properly constructed porch of at least three square feet outside each door with attached stairs.

      (7)   The double or triple-wide homes must have been manufactured after June 15, 1976 and have a HUD seal showing compliance with federal standards. Single-wide homes must be built less than 20 years prior to the date of placement.

      (8)   If a property owner seeks to replace an existing manufactured home on the same lot with another manufactured home, the proposed new manufactured home must be newer and comply with all other applicable standards.

   (E)   Duplexes, triplexes, fourplexes;

   (F)   Open space;

   (G)   Temporary buildings for and during construction only;

   (H)   Private and public childcare facilities; and

   (I)   Government facilities and uses.

(Prior Code, § 11.01.160.020) (Ord. 163, passed 12-19-2016; Ord. 2021-15, passed 12-20-2021; Ord. 2022-4, passed 11-7-2022, effective 12-8-2022)

   Any newly created lots for this area in this District shall be no less than 5,000 square feet and no lot width shall be less than 40 feet.

(Prior Code, § 11.01.160.030) (Ord. 163, passed 12-19-2016; Ord. 2021-15, passed 12-20-2021; Ord. 2022-4, passed 11-7-2022, effective 12-8-2022)

   (A)   Not more than 60% of the lot area shall be occupied by the principal and accessory buildings.

   (B)   Each newly constructed dwelling, and each manufactured home shall have a minimum of 700 square feet of floor area.

(Prior Code, § 11.01.160.040) (Ord. 163, passed 12-19-2016; Ord. 2021-15, passed 12-20-2021; Ord. 2022-4, passed 11-7-2022, effective 12-8-2022)

   (A)   The average of the existing setbacks of the lots on both sides and to the rear of the subject property will determine the property line setbacks. The following rules apply in calculating the average.

      (1)   The setbacks used for the calculations must be for the same type of structure that is being averaged.

      (2)   Only the setbacks on the lots that abut each side of the subject property and are on the same street may be used. The rear setbacks directly opposite the subject property are applicable to determine the rear setbacks. Setbacks across the street or along a different street are unacceptable.

   (B)   The following minimum setbacks are required when the use of averaging method is not applicable:

      (1)   Front setback: 25 feet;

      (2)   Rear setback, principal structure: 20 feet;

      (3)   Rear setback, accessory structure: ten feet; and

      (4)   Side setbacks: five feet each side.

(Prior Code, § 11.01.160.050) (Ord. 163, passed 12-19-2016; Ord. 166, passed 5-7-2018; Ord. 2021-15, passed 12-20-2021)

   Maximum building height in this District shall be 24 feet.

(Prior Code, § 11.01.160.060) (Ord. 163, passed 12-19-2016; Ord. 2021-15, passed 12-20-2021)

   Off-street parking shall be provided.

(Prior Code, § 11.01.160.070) (Ord. 163, passed 12-19-2016; Ord. 2021-15, passed 12-20-2021)

   Reserved.

(Prior Code, § 11.01.160.080) (Ord. 163, passed 12-19-2016; Ord. 2021-15, passed 12-20-2021)

   Manufactured homes will be installed as per the requirements set forth in §§ 11.01.060.010 through 11.01.060.070.

(Prior Code, § 11.01.160.090) (Ord. 163, passed 12-19-2016; Ord. 2021-15, passed 12-20-2021)

   The following uses may be permitted as conditional uses in the R-2 Residential Single-Family and Manufactured Homes:

   (A)   Churches;

   (B)   Country clubs;

   (C)   Golf courses;

   (D)   Libraries;

   (E)   Major home occupations;

   (F)   Private and public schools, elementary;

   (G)   Private and public schools, junior high;

   (H)   Private and public schools, high;

   (I)   Private and public parks;

   (J)   Private and public playgrounds;

   (K)   Bed and breakfast inn;

   (L)   Relocated single-family dwelling unit;

   (M)   Storage units; and

   (N)   Professional offices.

(Prior Code, § 11.01.160.100) (Ord. 163, passed 12-19-2016; Ord. 2021-15, passed 12-20-2021; Ord. 2022-4, passed 11-7-2022, effective 12-8-2022)

   The intent of this District is to provide for the development of medium density apartments. The District should provide a variety of housing types to serve the varied housing needs of area residents.

(Prior Code, § 11.01.170.010) (Ord. 2021-15, passed 12-20-2021)

   The following are permitted uses:

   (A)   Apartments;

   (B)   Accessory uses;

   (C)   Churches;

   (D)   Conditional uses provided in § 11.01.170.090 and subject to the provisions as prescribed;

   (E)   Efficiency units;

   (F)   Minor home occupations;

   (G)   Multi-family dwellings;

   (H)   Newly constructed single-family dwellings;

   (I)   Open space;

   (J)   Rooming and boarding houses (maximum of five rooming units plus family quarters);

   (K)   Temporary building for and during construction only;

   (L)   Private and public childcare facilitates; and

   (M)   Private and public day care homes.

(Prior Code, § 11.01.170.020) (Ord. 2021-15, passed 12-20-2021)

   Minimum area for any newly created lots shall not be less than 5,000 square feet with a lot width of at least 40 feet.

(Prior Code, § 11.01.170.030) (Ord. 2021-15, passed 12-20-2021; Ord. 2022-4, passed 11-7-2022, effective 12-8-2022)

   Not more than 60% of the lot area shall be occupied by the principal and accessory buildings. Each dwelling unit shall have a minimum of 550 square feet of floor area.

(Prior Code, § 11.01.170.040) (Ord. 2021-15, passed 12-20-2021; Ord. 2022-4, passed 11-7-2022, passed 12-8-2022)

   (A)   The average of the existing setbacks of the lots on both sides and to the rear of the subject property will determine the property line setbacks. The following rules apply in calculating the average.

      (1)   The setbacks used for the calculations must be for the same type of structure that is being averaged.

      (2)   Only the setbacks on the lots that abut each side of the subject property and are on the same street may be used.

      (3)   The rear setbacks directly opposite the subject property are applicable to determine the rear setbacks.

      (4)   Setbacks across the street or along a different street are unacceptable.

   (B)   The following minimum setbacks are required when the use of averaging method is not applicable:

      (1)   Front setback: 20 feet;

      (2)   Rear setback, principal structure: 20 feet;

      (3)   Rear setback, accessory uses: ten feet; and

      (4)   Side: seven feet each side.

(Prior Code, § 11.01.170.050) (Ord. 2021-15, passed 12-20-2021)

   Maximum building height in this District shall be 32 feet.

(Prior Code, § 11.01.170.060) (Ord. 2021-15, passed 12-20-2021)

   Off-street parking should be provided.

(Prior Code, § 11.01.170.070) (Ord. 2021-15, passed 12-20-2021)

   Reserved.

(Prior Code, § 11.01.170.080) (Ord. 2021-15, passed 12-20-2021)

   The following uses may be permitted as conditional uses in the R-3 Residential High Density District:

   (A)   Bed and breakfast inn;

   (B)   Clinics;

   (C)   Country clubs;

   (D)   Golf courses;

   (E)   Home occupations;

   (F)   Hospitals;

   (G)   Libraries;

   (H)   Manufactured home parks;

   (I)   Medical offices;

   (J)   Professional offices;

   (K)   Private and public schools, elementary;

   (L)   Private and public schools, junior high;

   (M)   Private and public schools, high;

   (N)   Private and public parks;

   (O)   Private and public playgrounds;

   (P)   Private and public universities and colleges;

   (Q)   Relocated single-family dwellings; and

   (R)   Nursing homes.

(Prior Code, § 11.01.170.080) (Ord. 2021-15, passed 12-20-2021)

   The intent of the R-4 District is to provide for the operation of manufactured home parks in this zone, and to encourage the application of high-quality, residential characteristics in these parks.

(Prior Code, § 11.01.180.010) (Ord. 169, passed 7-2-2018; Ord. 2021-15, passed 12-20-2021)

   The following are permitted uses:

   (A)   Conditional uses provided in § 11.01.180.030 and subject to the provisions as prescribed;

   (B)   Manufactured homes and accessory buildings customarily appurtenant to the permitted use;

   (C)   Manufactured home parks;

   (D)   Minor home occupations; and

   (E)   No manufactured home in this District shall be used for any purpose other than a dwelling.

(Prior Code, § 11.01.180.020) (Ord. 169, passed 7-2-2018; Ord. 2021-15, passed 12-20-2021)

   The following are permitted conditional uses:

   (A)   Major home occupations;

   (B)   Relocated single-family dwellings; and

   (C)   Expansion of an existing manufactured home park.

(Prior Code, § 11.01.180.030) (Ord. 169, passed 7-2-2018; Ord. 2021-15, passed 12-20-2021)

   (A)   A factory built or manufactured transportable residential structure more than 40 body feet in length and eight feet or more in width, and built on one or more permanent chassis for towing to the point of use, and designed to be used without a permanent foundation as a dwelling unit when connected to sanitary facilities, and which bears an insignia issued by a state or federal regulatory agency indicating that manufactured home complies with all applicable construction standards of the United States Department of Housing and Urban Development definition of manufactured home.

   (B)   The manufactured home may not be any older than July 13, 1994 to comply with the U.S. Department of Housing and Urban Development’s manufactured housing construction and safety standards.

(Prior Code, § 11.01.180.040) (Ord. 169, passed 7-2-2018; Ord. 2021-15, passed 12-20-2021)

   It shall be unlawful for any person to construct, alter or extend any manufactured home park, unless the owner(s) obtain all applicable approvals issued by the Montana Department of Environmental Quality, Montana Department of Public Health and Human Services/Food and Consumer Safety Divisions of Environmental Sanitation, County Sanitarian, and the city.

(Prior Code, § 11.01.180.050) (Ord. 169, passed 7-2-2018; Ord. 2021-15, passed 12-20-2021)

   The owner(s) of the manufactured home park must maintain an annual operational license as issued by the County Sanitarian.

(Prior Code, § 11.01.180.060) (Ord. 169, passed 7-2-2018; Ord. 2021-15, passed 12-20-2021)

   All manufactured homes and accessory buildings shall be set back no less than 20 feet from all property lines and public right-of-ways.

(Prior Code, § 11.01.180.070) (Ord. 169, passed 7-2-2018; Ord. 2021-15, passed 12-20-2021)

   Maximum building height in this District shall be 24 feet.

(Prior Code, § 11.01.180.080) (Ord. 169, passed 7-2-2018; Ord. 2021-15, passed 12-20-2021)

   Off-street parking spaces shall be provided in convenient locations and in sufficient numbers to meet the needs of the occupants of the manufactured home park and their guests, but in no case shall the number of spaces be less than two spaces per lot, plus an additional space for each four lots.

(Prior Code, § 11.01.180.090) (Ord. 169, passed 7-2-2018; Ord. 2021-15, passed 12-20-2021)

   (A)   Each manufactured home shall be located on an approved manufactured home site, and all manufactured home sites shall be designed to accommodate independent manufactured homes. No manufactured home site shall be used as the location for more than one manufactured home.

   (B)   Each manufactured home lot shall be provided with a well-drained stand with a firm base, approved by the City Building Inspector for the placement of a manufactured home. Each stand must be at least 12 by 50 feet for single-wide units and 24 by 50 feet for double-wide units.

   (C)   Safe, convenient, all-season walks, with a minimum width of five feet shall be provided in locations where pedestrian traffic is concentrated.

   (D)   (1)   Landscaping may be required to provide a buffer between manufactured home parks and adjacent properties in other zoning districts.

      (2)   Examples of what may be required are:

         (a)   A greenbelt planting strip of not less than 20 feet in width along the perimeter of the manufactured home park where it abuts public right-of-way or a different zoning district. The greenbelt shall be developed with a mixture of hardy deciduous and coniferous plant material, grass or ground cover, and maintained thereafter in a neat and orderly manner; or

         (b)   A continual ornamental wall six feet in height above grade, erected one foot off property line abutting property of another zoning district and six feet from public right-of-way. Such wall shall be landscaped with suitable plant materials along both sides of the wall.

   (E)   Utilities shall be provided in the following manner or by an alternative manner approved by the City Council.

      (1)   All sanitary sewage utilities and water facilities, including connections provided to individual lots, shall meet the requirements of the city.

      (2)   The plumbing connections to each manufactured home lot shall be constructed so that all lines are protected from freezing, from accidental bumping or from creating any type of nuisance or health hazard.

      (3)   An adequate amount of running water shall be piped into each manufactured home.

      (4)   Storm drainage facilities, where necessary, shall be so constructed as to protect those that will reside in the manufactured home park, as well as the property owners adjacent to the park. Such park facilities shall be of such capacity to ensure rapid drainage and prevent the accumulation of water in or adjacent to the park.

      (5)   All electric, telephone and other lines from supply poles to each manufactured home lot shall be underground. When meters are installed, they shall be uniformly located.

      (6)   All city services leading to manufactured home lots shall be underground. Where separate meters are installed, each shall be located in a uniform manner.

      (7)   Facilities for the storage and disposal of trash and garbage in a sanitary and lawful manner shall be provided in each manufactured home park.

      (8)   Street and yard lights, attached to standards approved by the city, shall be provided in a sufficient number and intensity to permit the safe movement of vehicles and pedestrians at night.

      (9)   The erection, reconstruction, repair, relocation and/or alteration of all permanent buildings and structures located within a manufactured home park shall conform to the requirements of the International Building Code adopted by the city and any regulations within ARM Chapter 24.301, and require the issuance of a city building permit.

      (10)   Facilities for the dispersal and distribution of U.S. mail in a secure lawful manner shall be provided in each manufactured home park.

   (F)   The water supply system serving the manufactured home park shall be subject to the rules and regulations of the local fire prevention rules and regulations of the local fire prevention authority or the system shall meet the standards for adequate fire protection established by the National Fire Protection Association Standard NFPA No. 501a, whichever is more stringent. Nonetheless, fire protection systems must be approved by the City Fire Chief.

(Prior Code, § 11.01.180.100) (Ord. 169, passed 7-2-2018; Ord. 2021-15, passed 12-20-2021)

   The owner of a manufactured home to be used as a residence must obtain a building permit from the city before the manufactured home is installed on any site.

(Prior Code, § 11.01.180.110) (Ord. 169, passed 7-2-2018; Ord. 2021-15, passed 12-20-2021)

   (A)   The installation of any manufactured home shall require the approval of the Building Inspector during all phases of the installation.

   (B)   All manufactured homes will be installed in compliance with the 2021 International Residential Code.

(Prior Code, § 11.01.180.120) (Ord. 169, passed 7-2-2018; Ord. 2021-15, passed 12-20-2021)

   (A)   (1)   The installer shall request an inspection after all aspects of the installation have been completed.

      (2)   The Building Inspector will inspect the installation within ten business days after receiving the request.

         (a)   If the inspection is not completed within ten business days, the tenant or owner may occupy the manufactured home at their own risk.

         (b)   Occupancy before inspection does not imply approval of the installation.

   (B)   The Building Inspector shall approve the installation of a manufactured home, and allow the manufactured home to be occupied if the installation complies with the installation requirements listed in § 11.01.180.100 and the conditions of the building permit.

   (C)   If the installation does not comply with the installation requirements listed in § 11.01.180.100 and the conditions of the building permit, the Building Inspector shall provide the installer with a list of corrections that the installer must make.

      (1)   The list of corrections shall state a date by which the corrections must be completed.

      (2)   The Building Inspector shall reinspect the installation after the corrections are completed.

      (3)   If the items that require correction do not endanger the health or safety of the occupants, or substantially affect the habitability of the manufactured home, the Building Inspector may permit the owner of the manufactured home to occupy the manufactured home.

   (D)   A manufactured home which does or does not bear an insignia of approval from the U.S. Department of Housing and Urban Development may be permitted on rental lots within manufactured home parks; provided that the manufactured home has been installed in accordance with the provisions of this chapter, and inspected by City Building Inspector during the installation of the home and has been found to be in compliance with the following criteria:

      (1)   The manufactured home must have operable permanent heating facilities installed and maintained according to the heating equipment manufacturer’s specifications;

      (2)   The home must be equipped with operable plumbing facilities with hot and cold running water to include: toilet, bathtub or shower, and kitchen sink. All facilities shall be installed and maintained according to the plumbing equipment manufacturer’s specifications;

      (3)   All electrical service entrance conductors, service equipment, switches, lighting outlets, power outlets and appliances shall be installed and maintained according to the electrical equipment manufacturer’s specifications;

      (4)   The home must be weather-protected so as to provide shelter for the occupants against the elements;

      (5)   The home shall be structurally sound with no apparent hazardous conditions in floors, walls, ceilings and roofs;

      (6)   The home must be in good condition and well-maintained to include: the exterior painted surface, the exterior siding is intact and secure, and operable windows and doors. In addition, the home shall be free of infestations of insects, vermin or rodents; and

      (7)   The inspection form shall include a statement that inspections does not constitute a warranty that the home is safe or livable.

(Prior Code, § 11.01.180.130) (Ord. 169, passed 7-2-2018; Ord. 2021-15, passed 12-20-2021)

   The intent of this District is to accommodate a variety of housing types on smaller lots having access to municipal services. The R-5 District maintains the well-established, neighborhood character of the northside of the city and serves as a transition to adjacent community facilities and commercial properties.

(Prior Code, § 11.01.190.010) (Ord. 2021-8, passed 11-1-2021; Ord. 2021-15, passed 12-20-2021)

   The following are permitted uses:

   (A)   Accessory uses;

   (B)   Conditional uses provided in § 11.01.190.090 and subject to the provisions as prescribed;

   (C)   Manufactured homes, subject to the following restrictions:

      (1)   Manufactured homes up to the size of a triple wide;

      (2)   The area beneath the manufactured home structure shall be enclosed with materials that are aesthetically consistent with concrete or masonry foundations. The area can also be enclosed with metal skirting that has been specifically designed for such a purpose;

      (3)   All towing apparatus, wheels, axles and transporting lights must be removed;

      (4)   The exterior facades of the home shall consist of vinyl, metal or wood siding, stone, or brick;

      (5)   The pitch of the roof must be at least 2:12 and shall be finished with a type of shingle that is commonly used in standard residential construction or a metal roof which has been specifically designed for such a purpose;

      (6)   The home must have a properly constructed porch of at least three square feet outside each door with attached stairs;

      (7)   The home must have been manufactured after June 15, 1976 and have a HUD seal showing compliance with federal standards; and

      (8)   If a property owner seeks to replace an existing manufactured home on the same lot with another manufactured home, the proposed new manufactured home must also comply with all other applicable standards.

   (D)   Minor home occupations;

   (E)   Newly constructed one-family dwellings;

   (F)   Open space;

   (G)   Private and public childcare facilities; and

   (H)   Temporary buildings for and during construction only.

(Prior Code, § 11.01.190.020) (Ord. 2021-8, passed 11-1-2021; Ord. 2021-15, passed 12-20-2021)

   Minimum area for any newly created lots shall not be less than 5,000 square feet with a lot width of at least 50 feet.

(Prior Code, § 11.01.190.030) (Ord. 2021-8, passed 11-1-2021; Ord. 2021-15, passed 12-20-2021)

   Not more than 50% of the lot area shall be occupied by the principal and accessory buildings. Each newly constructed dwelling and each manufactured home shall have a minimum of 700 square feet of floor area.

(Prior Code, § 11.01.190.040) (Ord. 2021-8, passed 11-1-2021; Ord. 2021-15, passed 12-20-2021)

   (A)   The average of the existing setbacks of the lots on both sides and to the rear of the subject property will determine the property line setbacks. The following rules apply in calculating the average:

      (1)   The setbacks used for the calculations must be for the same type of structure that is being averaged;

      (2)   Only the setbacks on the lots that abut each side of the subject property and are on the same street may be used;

      (3)   The rear setbacks directly opposite the subject property are applicable to determine the rear setbacks; and

      (4)   Setbacks across the street or along a different street are unacceptable.

   (B)   The following minimum setbacks are required when the use of averaging method is not applicable:

      (1)   Front setback: 20 feet;

      (2)   Rear setback, principal structure: 15 feet;

      (3)   Rear setback, accessory uses: five feet; and

      (4)   Side: five feet each side.

(Prior Code, § 11.01.190.050) (Ord. 2021-8, passed 11-1-2021; Ord. 2021-15, passed 12-20-2021)

   Maximum building height in this District shall be 24 feet.

(Prior Code, § 11.01.190.060) (Ord. 2021-8, passed 11-1-2021; Ord. 2021-15, passed 12-20-2021)

   A lot abutting on public thoroughfares, other than an alley, at their intersections; provided that the interior angle of such intersection is less than 135 degrees. Corner lot will have two front yards along the public frontages, and two side yards and no rear yard. The side yards are directly opposite the front yards.

(Prior Code, § 11.01.190.070) (Ord. 167, passed 6-18-2018)

   Off-street parking shall be provided.

(Prior Code, § 11.01.190.080) (Ord. 2021-8, passed 11-1-2021; Ord. 2021-15, passed 12-20-2021)

   Reserved.

(Prior Code, § 11.01.190.090) (Ord. 2021-8, passed 11-1-2021; Ord. 2021-15, passed 12-20-2021)

   Manufactured homes will be installed as per the requirements set forth in §§ 11.01.060.010 through 11.01.060.070.

(Prior Code, § 11.01.190.100) (Ord. 2021-8, passed 11-1-2021; Ord. 2021-15, passed 12-20-2021)

   The following uses may be permitted as conditional uses in the R-5 Northside Residential District:

   (A)   Duplexes;

   (B)   Major home occupations;

   (C)   Private and public parks; and

   (D)   Private and public playgrounds.

(Prior Code, § 11.01.190.110) (Ord. 2021-8, passed 11-1-2021; Ord. 2021-15, passed 12-20-2021)

   The intent of this District is to provide a central area for the community’s business, government, service and cultural activities. Uses within this District should be appropriate to such a focal center with inappropriate uses being excluded. Room should be provided in appropriate areas for logical and planned expansion of the present district.

(Prior Code, § 11.01.200.010) (Ord. 2019-1, passed 4-1-2019; Ord. 2021-15, passed 12-20-2021)

   (A)   Accessory uses. A category not permitted to serve as the principal use. These uses are incidental to and customary in connection with the principal building or use and located on the same lot with such principal building or use.

 

 

   (B)   Civic uses. A category related to fulfilling the needs of day-to-day community life, congregation and social interaction. Retail space shall be in the front of the building and shall occupy a minimum of 25% of the gross floor area.

 

 

   (C)   Craftsman. A category involving small scale manufacturing, production, assembly and/ or repair with little to no noxious by-products that includes a showroom or small retail outlet.

 

 

   (D)   Infrastructure uses. A category for the provision of public and private infrastructure to support other uses. Infrastructure uses typically do not include a principal building.

 

 

   (E)   Office uses. A category of businesses that involve the transaction of affairs of a profession, service, industry or government.

 

 

   (F)   Retail uses. A category involving the sale of goods or merchandise to the public for personal or household consumption.

 

 

(Prior Code, § 11.01.200.020) (Ord. 2019-1, passed 4-1-2019; Ord. 2021-15, passed 12-20-2021; Ord. 2022-7, passed 1-3-2023, effective 2-4-2023; Ord. 2023-9, passed 6-20-2023, effective 7-21-2023)

   Subject to the following restrictions:

   (A)   Items shall not obstruct ingress and egress to a building, obstruct fire lanes or interfere with vehicular circulation;

   (B)   The maximum area of display cannot exceed 60% of the lot size;

   (C)   Items shall not exceed a height of 20 feet;

   (D)   Storage and display of hazardous materials is prohibited;

   (E)   The site shall be kept in a condition that is not a hazard to the public health or safety as applied by the following measures:

      (1)   Free from the accumulation of garbage, rubbish and/or debris;

      (2)   Maintain trees, lawns or shrubs in a trim and neat appearance;

      (3)   Elimination of any noxious weeds or vegetation; and

      (4)   No storage of inoperable or dismantled vehicles, vehicle parts, or components of trailers, boats, and/or equipment regardless of whether licensed or registered.

(Prior Code, § 11.01.200.030) (Ord. 2019-1, passed 4-1-2019; Ord. 2021-15, passed 12-20-2021)

   No minimum lot area or width is prescribed.

(Prior Code, § 11.01.200.040) (Ord. 2021-15, passed 12-20-2021)

   Buildings may cover the entire lot; provided other requirements are met.

(Prior Code, § 11.01.200.050) (Ord. 2021-15, passed 12-20-2021)

   No minimum setbacks are prescribed, except a 15-foot front setback shall be required on all streets except on Main Street.

(Prior Code, § 11.01.200.060) (Ord. 2021-15, passed 12-20-2021)

   Maximum building height in this District shall not be any higher than the existing buildings.

(Prior Code, § 11.01.200.070) (Ord. 2021-15, passed 12-20-2021)

   No off-street parking is prescribed for this District.

(Prior Code, § 11.01.200.080) (Ord. 2021-15, passed 12-20-2021)

   No off-street loading is prescribed for this District.

(Prior Code, § 11.01.200.090) (Ord. 2021-15, passed 12-20-2021)

   The intent of this District is to provide for a broad range of retail and service functions, especially those needing orientation to major thoroughfares.

(Prior Code, § 11.01.210.010) (Ord. 2021-15, passed 12-20-2021)

   The following are permitted uses:

   (A)   Adult-use and medical marijuana dispensaries (issuance of a zoning permit required);

   (B)   Antique shops;

   (C)   Art and music supply shops;

   (D)   Barber and beauty shops;

   (E)   Bars, taverns and cocktail lounges;

   (F)   Bowling alleys;

   (G)   Car washes;

   (H)   Clinics;

   (I)   Conditional uses as provided in § 11.01.210.090 and subject to conditions and requirements prescribed;

   (J)   Equipment sales and services;

   (K)   Food and drug stores;

   (L)   Frozen food storage and locker rental;

   (M)   Furniture stores;

   (N)   Gasoline service stations;

   (O)   Hotels and motels;

   (P)   Hospitals;

   (Q)   Laundries and dry-cleaning establishments;

   (R)   Liquor stores;

   (S)   Marijuana testing laboratories (issuance of a zoning permit required);

   (T)   Mortuaries;

   (U)   Newspaper offices;

   (V)   Nursing homes;

   (W)   Open space;

   (X)   Plant nurseries;

   (Y)   Post offices;

   (Z)   Printing shops;

   (AA)   Professional and business offices;

   (BB)   Public buildings and uses;

   (CC)   Research and development institutions;

   (DD)   Restaurants, cafés and drive-in eating establishments;

   (EE)   Shopping centers;

   (FF)   Signs;

   (GG)   Sporting goods stores;

   (HH)   Temporary buildings for and during constructions only;

   (II)   Theaters;

   (JJ)   Uses customarily accessory to those listed;

   (KK)   Vehicle and boat sales, showrooms and service areas;

   (LL)   Veterinary clinics-small animal hospital; and

   (MM)   Churches.

(Prior Code, § 11.01.210.020) (Ord. 2021-15, passed 12-20-2021; Ord. 2022-7, passed 1-3-2023, effective 2-4-2023; Ord. 2023-9, passed 6-20-2023, effective 7-21-2023)

   Any newly created lots for this District shall not be less than 7,500 square feet and no lot width shall be less than 75 feet.

(Prior Code, § 11.01.210.030) (Ord. 2021-15, passed 12-20-2021)

   The entire lot, exclusive of required yards and parking, may be occupied by the principal and accessory buildings.

(Prior Code, § 11.01.210.040) (Ord. 2021-15, passed 12-20-2021)

   (A)   Every lot shall have the following minimum property line setbacks:

      (1)   Front setback: 25 feet;

      (2)   Rear setback: ten feet; and

      (3)   Side setbacks: eight feet each side.

   (B)   Where an individual owns two adjoining lots or where the owners of two adjoining lots make legal written agreement, a zero lot line may be used for commercial buildings in the B-2 Highway Business District, but only so as to create a zero lot line on one side of any lot.

(Prior Code, § 11.01.210.050) (Ord. 2021-15, passed 12-20-2021)

   Maximum building height in this District shall be 32 feet.

(Prior Code, § 11.01.210.060) (Ord. 2021-15, passed 12-20-2021)

   Off-street parking shall be provided in accordance with the requirements of §§ 11.01.080.010 through 11.01.080.060.

(Prior Code, § 11.01.210.070) (Ord. 2021-15, passed 12-20-2021)

   Reserved.

(Prior Code, § 11.01.210.080) (Ord. 2021-15, passed 12-20-2021)

   The following uses may be permitted as conditional uses in the B-2 Highway Business District:

   (A)   Adult bookstores not to be located within 1,000 feet of the following uses:

      (1)   Churches;

      (2)   Schools, public or private;

      (3)   Residential uses; and

      (4)   Establishments which sell alcohol or consumption of site.

   (B)   Amusement and recreational activities;

   (C)   Caretaker’s residence;

   (D)   Marijuana cultivators (issuance of a zoning permit required);

   (E)   Recreational vehicle parks;

   (F)   Retail uses in addition to those permitted uses listed;

   (G)   Wholesale distributors with on premise retail outlets; provided warehousing is limited to commodities which are sold on premises; and

   (H)   Casinos.

(Prior Code, § 11.01.210.090) (Ord. 2021-15, passed 12-20-2021; Ord. 2023-9, passed 6-20-2023, effective 7-21-2023)

   The intent of this District is to establish and preserve areas accommodating modestly scaled commercial activities adjacent to residential uses. These activities are intended to be those which provide professional and personal services, and general retail sales which attract a smaller number of people and generate less traffic volumes. These commercial and professional activities have a neighborhood orientation and character.

(Prior Code, § 11.01.220.010) (Ord. 2020-1, passed 1-21-2020; Ord. 2021-2, passed 7-6-2021; Ord. 2021-15, passed 12-20-2021)

   The following are permitted uses:

   (A)   Accessory uses;

   (B)   Art and music supply stores;

   (C)   Bakeries;

   (D)   Barber and beauty shops;

   (E)   Campgrounds: public and private;

   (F)   Clinics;

   (G)   Conditional uses as provided in § 11.01.220.090 and subject to conditions and requirements prescribed;

   (H)   Dressmaking;

   (I)   Equipment sales and services;

   (J)   Financial institutions;

   (K)   Food and drug stores;

   (L)   Furniture stores;

   (M)   Hospitals;

   (N)   Laundries and dry-cleaning establishments;

   (O)   Meeting and lodge halls;

   (P)   Mortuaries;

   (Q)   Museums, libraries and galleries;

   (R)   Newspaper offices;

   (S)   Nursing homes;

   (T)   Open space;

   (U)   Parking lots;

   (V)   Places of worship;

   (W)   Printing offices;

   (X)   Private and public business schools;

   (Y)   Private and public dance schools;

   (Z)   Private and public secretarial schools;

   (AA)   Private and public technical schools;

   (BB)   Professional and business offices;

   (CC)   Public buildings and uses;

   (DD)   Repair services for clothes, dolls, small appliances, watches, glasses and other such items;

   (EE)   Research and development institutions;

   (FF)   Restaurants and cafés;

   (GG)   Retails sales, such as clothing, candy, furniture and jewelry, but excluding heavy machinery;

   (HH)   Shopping centers;

   (II)   Signs;

   (JJ)   Sporting goods stores;

   (KK)   Temporary buildings for and during constructions only;

   (LL)   Theaters, except drive-ins;

   (MM)   Uses customarily accessory to those listed; and

   (NN)   Veterinary clinics-small animal hospital.

(Prior Code, § 11.01.220.020) (Ord. 2020-1, passed 1-21-2020; Ord. 2021-2, passed 7-6-2021; Ord. 2021-15, passed 12-20-2021)

   No minimum lot area or width is prescribed.

(Prior Code, § 11.01.220.030) (Ord. 2020-1, passed 1-21-2020; Ord. 2021-2, passed 7-6-2021; Ord. 2021-15, passed 12-20-2021)

   Buildings may cover the entire lot; provided other requirements are met.

(Prior Code, § 11.01.220.040) (Ord. 2020-1, passed 1-21-2020; Ord. 2021-2, passed 7-6-2021; Ord. 2021-15, passed 12-20-2021)

   The B-3 District only requires a ten-foot front setback from the lot lines.

(Prior Code, § 11.01.220.050) (Ord. 2020-1, passed 1-21-2020; Ord. 2021-2, passed 7-6-2021; Ord. 2021-15, passed 12-20-2021)

   Maximum building height in the B-3 District shall be 75 feet.

(Prior Code, § 11.01.220.060) (Ord. 2020-1, passed 1-21-2020; Ord. 2021-2, passed 7-6-2021; Ord. 2021-15, passed 12-20-2021)

   No off-street parking is prescribed for this District.

(Prior Code, § 11.01.220.070) (Ord. 2020-1, passed 1-21-2020; Ord. 2021-2, passed 7-6-2021; Ord. 2021-15, passed 12-20-2021)

   No off-street loading is prescribed for this District.

(Prior Code, § 11.01.220.080) (Ord. 2020-1, passed 1-21-2020; Ord. 2021-2, passed 7-6-2021; Ord. 2021-15, passed 12-20-2021)

   The following uses may be permitted as conditional uses in the B-3 Neighborhood Commercial District: