Ennis City Zoning Code

CHAPTER 3

ZONING DISTRICTS AND OVERLAY DISTRICTS

11-3-1: CONSISTENCY WITH COMPREHENSIVE PLAN:

Montana statutes require zoning to be "in accordance" with an adopted master (comprehensive) plan. The following italicized paragraphs are extracted from the 1996 Ennis comprehensive plan. They present land use related goals and objectives, several of which are interchangeable irrespective of type of land use. These goals and objectives, together with statements discussing the several land use map classifications, are especially pertinent to the zoning districts and zoning district overlays. They shall serve as the basis of every land use and construction project design, review and execution.

II: GOALS AND OBJECTIVES

The "Goals and Objectives", together with stated policies, form the backbone of a community comprehensive plan. They outline what Ennis citizens want for the future of their community - how they want it to look, feel and function - irrespective of growth rates, economic conditions or other circumstances largely beyond local government's control...

The Goals and Objectives were drawn from the 'Likes' and 'Dislikes' expressed by the citizens at two planning workshops and from planning board and consultant observations....

Primary Goals

Preserve and enhance community attractiveness.

Conserve the area's natural environmental quality.

Ensure that future development does not burden current taxpayers.

Residential

Goal:

Improve the community's total living environment by employing active, neighborhood based planning and implementation.

Objectives:

Halt "suburban sprawl" and facilitate neighborhood reinvestment.

Determine development suitability and site design acceptability with full regard for topographic, soil, food and other natural conditions.

Implement flexible regulatory codes to achieve well planned neighborhoods with varied lot sizes, mixed land uses and safe, efficient site design.

Protect neighborhoods from poorly designed incompatible uses....

Facilitate new and rehabilitated housing that will serve all citizens needs.

Implement incentive based minimum construction standards.

Commercial

Goal:

Optimize business opportunities consistent with the Primary Goals.

Facilitate small businesses consistent with Ennis' "small town" character.

Preserve downtown as the focal point of business and shopping activity.

Provide incentives to attract and keep business within the core area.

Encourage development of vacant and underutilized spaces in the core area.

Continue to enhance all elements of downtown's appearance, particularly signs and lights.

Continue downtown's contemporary western theme.

Link commercial, residential and recreational spaces with pedestrian walkways.

Require adequate, properly located well-designed parking.

Industrial

Goal:

Build a more diversified, year-round economy.

Objectives:

Facilitate the expansion of existing and development of new light industries.

Protect lands suitable for light industry from residential or other low value uses.

Require proper site design construction and maintenance.

Community Facilities and Utilities

Goal:

Provide effective, efficient public services.

Objectives:

Require basic utility systems be installed prior to development and construction.

Install power and communication systems underground.

Require adequate storm water facilities be designed, installed and maintained.

Parks and Recreation

Goal:

Develop park and recreation facilities that meet the needs of all citizens.

Objectives:

Provide land and recreational facilities commensurate with current and future needs that do not exceed the community's maintenance capabilities.

Develop year-round facilities that will strengthen the Madison Valley recreational economy but do not degrade the natural environment.

Develop a park and recreation system along the Madison River linked with other community recreation spaces.

Preserve and improve parks and open spaces within the core area.

Improve parks acquired in collection with subdivision approvals.

Transportation

Goal:

Increase the quality, availability and efficiency of transportation facilities.

Objectives:

Restrict access to arterial streets.

Agriculture

Goal:

Promote the agricultural economy's continued growth and prosperity.

Objectives:

Recognize agriculture's contribution to the community's economic base, the protection of wildlife resources and maintenance of open space.

Protect agriculture from the adverse effect of subdivision development.

Fully implement land protection measures including floodplain management, weed infestation controls and soil and water conservation.

Natural Resources

Goal:

Make effective use of natural resources while protecting environmental quality.

Objectives:

Protect and appropriately manage natural resources.

Implement measures that will minimize air and water pollution.

Protect and preserve Madison Valley's natural character.

Aesthetic and Environment

Goal:

Protect and enhance the area's built and natural environment.

Objectives:

Protect the area's natural environment.

Design and implement a flexible, design based regulatory system.

Improve community entryway signage and landscaping.

Prevent new incompatible land uses, and mitigate the effect of those that currently exist, with landscaping or other means of buffering.

Reduce the consumption of water for landscape irrigation.

Land Use Map: The Land Use Map... is intended to be interpreted and applied in context with but subservient to the document text. Although the number of dwelling units per acre stipulated for each of the land use classification areas are intended to be maximum densities, they shall be flexibly interpreted to accommodate density "bonuses" that may be permitted by zoning provisions adopted to implement the spirit and intent of the comprehensive plan.

The land uses and development requirements to be implemented by zoning and other regulatory codes and policies are:

Agricultural Areas: Three (3) classifications of land primarily suited for grazing or raising crops are designated. Low intensity residential uses may be permitted depending upon natural development constraints and distance from town.

a. Agriculture - 1 DU Per 640 Acres: Areas subject to flooding or topographic constraints that make them unsuitable or virtually unsuitable for any urban type use but which are suitable for agricultural crops or grazing.

b. Agriculture - I DU Per 160 Acres: Areas subject to severe water table and other developmental problems causing them to be difficult to develop for urban purposes but which are suitable for agricultural crops or grazing.

c. Agriculture - I DU Per 80 Acres: Lands with moderate developmental constraints that lie between the very low developmental density agricultural lands and the low density residential use areas. These areas are suitable for grazing and certain other agricultural purposes.

Residential Neighborhoods: Residential neighborhoods will be systematically improved by paving streets where appropriate, installing sidewalks, providing adequate storm drainage facilities and planting street trees. Specific areas adjacent to the downtown area will be enhanced by gradually introducing limited mixed use development. This gradual "infilling" and reinvestment process will be undertaken under guidelines and controls designed to protect the livability and economic viability of the existing residential properties. All new residential subdivisions will be designed and developed to be efficiently served by public infrastructure and services.

Residential areas are classified for differing development densities (dwelling units per acre) based upon their relative suitability for development as delineated by the soil conservation service (now NRCS) "Soils Survey" and by their relative distance from the center of town.

a. Residential - 1 DU Per 10 Acres: Tracts suitable for low density, suburban type development.

b. Residential - 2 DU's Per Acre: Lands within and close to town suitable for single-family home sites served by "on-lot" water and sewage disposal systems.

c. Residential - 4 DU's Per Acre: The area currently developed with a mix of mobile homes, apartments and single-family houses. Four (4) DU's per gross acre will permit development at an intensity that should not adversely affect individual home development if proper regulatory requirements are applied.

d. Residential - 8 DU's Per Acre: This development density approximates that which currently exists throughout the town's older areas. Specific development regulations must be enacted (and possibly differing zoning classifications) to assure high quality site design, building rehabilitation and new home construction.

Local Commercial and Residential: Mixed commercial/residential areas that will be subject to maximum building and parking limits to ensure services will be restricted primarily to immediate surrounding neighborhoods.

Core Commercial/Residential Neighborhoods: The downtown "core" area will retain its position as the primary business and shopping center of the Ennis vicinity. Expansion into the blocks immediately to the north and south of Main Street will be facilitated through a carefully controlled mixed-use regulatory procedure. Downtown's western small town character will be protected by managing the size, nature and arrangement of buildings, streets, walkways, parking, open spaces and other development features, both public and private.

Highway Commercial: Concentrated areas of highway oriented business developments are indicated for three (3) specific areas abutting arterial routes. Existing commercial enterprise owners will systematically improve the safety and appearance of their properties as buildings are expanded or uses are changed. New commercial operations will be required to design, improve and maintain properties in the manner proscribed for the areas designated "Highway Commercial".

Commercial/Industrial: This classification will allow a somewhat broader range of uses and afford greater opportunity for basic sector job opportunities close to the heart of the community. Existing and new development will be improved in the manner proscribed for the areas designated "Commercial/Industrial".

Planned Industrial: The area to be reserved for basic sector employment type uses that will be attracted to Ennis if a suitable environment is assured.

(Ord. 131, 3-14-2002)

11-3-2: ZONING DISTRICTS ESTABLISHED:

The Ennis planning and zoning jurisdictional area is divided into the following zoning districts:

Agricultural Districts

AG-640 Agricultural - 640

AG-160 Agricultural - 160

AG-80 Agricultural - 80

Residential Districts

R-RD Residential - rural density

R-LD Residential - low density

R-MD Residential - medium density

R-TD Residential - town density

Mixed Commercial/Residential Districts

L-CR Local commercial - residential

C-CR Core commercial - residential

Nonresidential Districts

HC Highway commercial

C-I Commercial/industrial

P-I Planned industrial

Zoning Overlay Districts

TND Traditional neighborhood development

FPM Floodplain management

CS Community signage

(Ord. 131, 3-14-2002)

11-3-3: DISTRICT BOUNDARIES:

A. Interpretation: Mapped zoning district boundaries shall be interpreted pursuant to the following rules:

1. Centerlines: Where boundaries as generally follow the centers of street or highway rights of way, the centerlines of the streets or rights of way shall be construed to be such boundaries.

2. Lot Lines: Where boundaries generally follow lot lines, such lot lines shall be construed to be such boundaries.

3. Parallel Lines: Where boundaries generally parallel the centerlines of streets or rights of way lines of highways, such boundaries shall be construed as being parallel to and at a dimension scaled from the zoning map.

4. Shorelines: Where district boundaries generally follow shorelines, such shorelines shall be construed to be such boundaries. If natural change occurs, such change in the shoreline boundaries shall be construed as moving with the actual shoreline. (Ord. 131, 3-14-2002)

11-3-4: AREA, YARD AND HEIGHT SPECIFICATIONS:

A. Purpose And Matrix: Minimum area per dwelling unit, lot area, front yard, side yard, rear yard and street frontage requirements as well as maximum height and intensity requirements are established to further the goals, objectives, policies and land use provisions of the comprehensive plan. These requirements shall be observed in all circumstances unless modified pursuant to the provisions set forth within the overlay district or those regarding "hardship" variances.

DISTRICT	MINIMUMS							MAXIMUMS
	Area/DU	Lot Area	Front Yard	Sd. Yard	Rr. Yard	St. Frt'ge	Height	Intensity
AG-640	640 acres	640 acres	50 ft.	1) 10 ft.	1)10 ft.	1,200 ft.	2) none	2) none
AG-160	160 acres	160 acres	50 ft.	1) 10 ft.	1)10 ft.	1,200 ft.	2) none	2) none
AG-80	80 acres	80 acres	50 ft.	1) 10 ft.	1) 10 ft.	1,200 ft.	2) none	2) none
R-RD	10 acres	3 acres	50 ft.	10 ft.	1) 10 ft.	250 ft.	35 ft.	none
R-LD	1/2 acre	7,500 sq. ft.	20 ft.	10 ft.	20 ft.	75 ft.	25 ft.	none
R-MD	1/4 acre	5,000 sq. ft.	20 ft.	10 ft.	10 ft.	50 ft.	25 ft.	none
R-TD	1/8 acre	4,000 sq. ft.	15 ft.	5 ft.	5 ft.	50 ft.	25 ft.	none
L-CR	3)	3)	3)	3)	3)	3)	35 ft.	4) 0.8
C-CR	3)	3)	3)	3)	3)	3)	35 ft.	4) 3.0
HC	-	3)	25 ft.	3)	3)	100 ft.	35 ft.	4) 0.4
C-1	-	1 acre	50 ft.	25 ft.	25 ft.	100 ft.	35 ft.	4) 0.4
P-1	3)	3)	50 ft.	25 ft.	3)	3)	35 ft.	4) 0.6

1) This distance shall be equal to the height of buildings within 200 feet but no less than 10 feet

2) No maximum height limit is established except as may be required within airport land zones

3) All L-CR, C-CR and P-I districts shall be designed in accord with the TND district requirements (see article 3A of this chapter).

4) The maximum allowable "floor area ratio (FAR)" as defined in section 11-2-2 of this title.

B. Parcels Nonconforming By Size: Parcels nonconforming by size that were subdivided prior to this title may be used provided the proposed uses are treated as conditional uses and subject to the conditions set forth for such uses. (Ord. 131, 3-14-2002; amd. Ord. 146, 2-10-2022)

11-3-5: YARD AND HEIGHT EXCEPTIONS AND EXEMPTIONS:

A. Purpose: Yard and height exceptions and exemptions to the requirements specified in the preceding section shall apply pursuant to the following provisions:

B. Yard Exceptions And Exemptions:

1. Porches: An open unenclosed porch or paved terrace may project into a front yard for a distance not exceeding ten feet (10').

2. Terraces And Decks: Terraces, uncovered porches, platforms and ornamental features which do not extend more than four feet (4') above the floor level of the ground story may project into a required yard provided these projections be at least five feet (5') from the adjacent side lot lines.

3. Accessory Structure Yard Encroachments: Accessory structures may be built in required rear yard areas but such accessory buildings shall not occupy more than thirty percent (30%) of a required rear yard and shall not be nearer than three feet (3') to any side lot line or six feet (6') to any rear lot line.

4. Corner/Side Yards: The required side yard of a corner lot shall be one-half (1/2) the required front yard on such street provided that no adjacent structures front on the same street, in which case the entire required front yard depth must be provided. No accessory building may project beyond the required front yard on either street.

C. Height Exceptions And Exemptions:

1. Public Or Quasi-Public Service Facility Structures: Where permitted, these structures may be erected to a height not exceeding sixty feet (60') or, in the case of churches, not exceeding seventy five feet (75'). However, in such cases the front yard and corner side yard depths shall be thirty percent (30%) in excess of those required, and interior lot side yards shall be twenty feet (20').

2. Towers And Lofts: Except in airport landing zones, chimneys, church steeples, cooling towers, elevator bulkheads, fire towers, monuments, stacks, stage towers, or scenery lofts, links, water towers, ornamental towers, spires, communication towers, grain elevators, or appropriate decorative or necessary mechanical appurtenances are exempt from the height limits.

3. Cornice, Ornament And Eaves Exceptions: Every part of a required yard shall be open to the sky, unobstructed by any structure, except for the projection of sills, cornices, eaves and ornamental features which shall not to exceed twenty four feet (24'). (Ord. 131, 3-14-2002)

11-3A-1: PURPOSE:

To protect agricultural lands suited for the production of ranch and farm communities and prevent suburban development sprawl in areas relatively remote from convenient public infrastructure and services. (Ord. 131, 3-14-2002)

11-3A-2: PERMITTED USES:

In AG agricultural districts, no building or premises shall be used and no building shall be erected or structurally altered, except for one of the following purposes:

Accessory structures and uses.

Agriculture, including field crops, horticulture, animal husbandry, poultry farms and kennels.

Dwellings and normal ranch and farm buildings.

Golf courses and country clubs.

Marijuana grow houses in AG-640 and AG-160.

Riding academies, dude ranches, and farm and ranch related recreational enterprises. (Ord. 131, 3-14-2002; amd. Ord. 134, 11-5-2010; Ord. 154-2023, 7-27-2023)

11-3A-3: CONDITIONAL USES:

The following uses are permitted in agricultural districts subject to meeting the requirements and procedures prescribed for conditional uses:

Airports, provided they meet all state and federal regulations.

Cemeteries, crematories and mausoleums.

Commercial mines, quarries and sand and gravel pits.

Commercial recreation, including golf driving ranges and automotive racetracks.

Essential services.

Home occupations.

Living quarters for persons employed more than half time on the premises but not exceeding one family unit in addition to the principal occupant/employer.

Nonhighway oriented lodges with cabins.

Temporary (not to exceed 90 days) stands for the sale of products grown primarily on the premises. (Ord. 131, 3-14-2002)

11-3B-1: R-RD RURAL DENSITY DISTRICT:

A. Purpose: To provide areas suitable for rural density, suburban development at a density of no more than one dwelling unit per ten (10) acres of land.

B. Permitted Use: In R-RD districts, no building or premises shall be used and no building shall be erected or structurally altered except for one of the following purposes:

Accessory structures and uses.

Churches, libraries, museums, public parks and playgrounds, community centers, colleges, public golf courses, public and private educational institutions offering programs that meet state educational standards and similar public or quasi-public buildings and recreation facilities.

Daycare centers.

Fire and police stations.

Group homes.

Nursing homes and hospitals, provided the state and local health jurisdictions approve the location.

Single-family dwellings.

C. Conditional Uses: The following uses are permitted in R-RD districts subject to meeting the requirements and procedures prescribed for conditional uses:

Cemeteries, crematories and mausoleums.

Essential services.

Home occupations.

Living quarters for persons employed more than half time on the premises but not exceeding one family unit in addition to the principal occupant/employer. (Ord. 131, 3-14-2002)

11-3B-2: R-LD LOW DENSITY DISTRICT:

A. Purpose: To provide areas suitable for low density development, within or close to town at a density of no more than one dwelling unit per one-half (1/2) acre of land (21,780 square feet) .

B. Permitted Uses: In R-LD districts, no building or premises shall be used and no building shall be erected or structurally altered except for one of the following purposes:

Accessory structures and uses.

Daycare centers.

Fire and police stations.

Group homes.

Nursing homes and hospitals, provided the state and local health jurisdictions approve the location.

Single-family dwellings.

C. Conditional Uses: The following uses are permitted in R-LD districts subject to meeting the requirements and procedures prescribed for conditional uses:

Essential services.

Home occupations.

Manufactured home parks platted after adoption of this title. (Ord. 131, 3-14-2002)

11-3B-3: R-MD MEDIUM DENSITY DISTRICT:

A. Purpose: To provide areas that are suitable for a mixture of single-family and multi-family dwellings within the town's infrastructure service area at a density of no more than one dwelling unit per one-fourth (1/4) acre of land (10,890 square feet).

B. Permitted Uses: In R-MD districts, no building or premises shall be used and no building shall be erected or structurally altered except for one of the following purposes:

Accessory structures and uses.

Daycare centers.

Fire and police stations.

Group homes.

Nursing homes and hospitals, provided the state and local health jurisdictions approve the location.

Single- and multiple-family dwellings.

C. Conditional Uses: The following uses are permitted in R-MD districts subject to meeting the requirements and procedures prescribed for conditional uses:

Bed and breakfasts.

Boarding/lodging houses.

Essential services.

Home occupations.

Hospitals and clinics.

Manufactured home parks platted after adoption of this title. (Ord. 131, 3-14-2002)

11-3B-4: R-TD RESIDENTIAL TOWN DENSITY DISTRICT:

A. Purpose: To accommodate a mix of homes and apartments close to the town's core area at a density of no more than one dwelling unit per one-eighth (1/8) acre (5,445 square feet).

B. Permitted Uses: In R-TD districts, no building or premises shall be used and no building shall be erected or structurally altered except for one of the following purposes:

Accessory structures and uses.

Bed and breakfasts.

Boarding/lodging houses.

Daycare centers.

Group homes.

Hospitals and clinics.

Nursing homes and hospitals, provided the state and local health jurisdictions approve the location.

Public safety: Fire and police stations.

Single- and multiple-family dwellings.

C. Conditional Uses: The following uses are permitted in R-TD districts subject to meeting the requirements and procedures prescribed for conditional uses:

Essential services.

Home occupations.

Manufactured home parks platted after adoption of this title. (Ord. 131, 3-14-2002)

11-3C-1: L-CR LOCAL COMMERCIAL/RESIDENTIAL DISTRICT:

A. Purpose: To provide for small commercial shops and services designed in a manner compatible with residential development and within walking distance of immediate surrounding residential neighborhoods.

B. Permitted Uses: In L-CR districts, no individual nonresidential space shall exceed one thousand two hundred (1,200) square feet in gross area, the total nonresidential space shall not exceed five thousand (5,000) square feet in gross area, and the total gross area devoted to parking and vehicle circulation shall not exceed six thousand (6,000) square feet. No building or premises shall be used and no building shall be erected or structurally altered except for one of the following or demonstrably similar purposes:

Accessory structures and uses.

Bed and breakfasts.

Boarding/lodging houses.

Churches, public parks and playgrounds and community centers.

Daycare centers.

Fire and police stations.

Group homes.

Restaurants.

Shops and services that generally serve the day to day needs of nearby neighborhood residents.

C. Conditional Uses: The following uses are permitted in L-CR districts subject to meeting the requirements and procedures prescribed for conditional uses:

Automobile service stations.

Essential services.

Home occupations.

Offices, each not exceeding five hundred (500) square feet in gross area.

Single- and multiple-family dwellings. (Ord. 131, 3-14-2002)

11-3C-2: C-CR CORE COMMERCIAL/RESIDENTIAL DISTRICT:

A. Purpose: To maintain and strengthen the downtown "core" area and facilitate the continuance of its western, small town character.

B. Permitted Uses: In the C-CR district, no building or premises shall be used and no building shall be hereafter erected or structurally altered, except for one of the following or demonstrably similar purposes:

Accessory structures and uses.

Assembly halls.

Bars and package liquor stores.

Bed and breakfasts.

Boarding/lodging houses.

Bowling alleys.

Churches, public parks and playgrounds and community centers.

Daycare centers.

Group homes.

Libraries, public parks and playgrounds, fire and police stations and other public buildings.

Marijuana storefronts.

Membership clubs.

Offices.

Printing shops.

Public and private recreation use.

Restaurants.

Retail stores.

Theaters. (Ord. 131, 3-14-2002; amd. Ord. 134, 11-5-2010)

C. Conditional Uses: The following uses are permitted in C-CR districts subject to meeting the requirements and procedures prescribed for conditional uses:

Bus stations.

Essential services.

Home occupations.

Retail painting, plumbing, upholstering and sign shops (no outdoor storage of materials).

Single- and multiple-family dwellings. (Ord. 131, 3-14-2002; amd. Ord. 134, 11-5-2010; Ord. 154-2023, 7-27-2023)

11-3D-1: HC HIGHWAY COMMERCIAL DISTRICT:

A. Purpose: To accommodate concentrations of highway oriented business development in areas abutting arterial thoroughfares. These areas are intended to primarily serve automobile oriented trade requiring parking, loading and storage areas generally incompatible with the downtown core area. The HC district is not intended to permit uses that are directly competitive with and destructive to the success of businesses in the core commercial/residential district.

B. Permitted Uses: In the HC district, no building or premises shall be used and no building shall be erected or structurally altered except for one of the following or demonstrably similar purposes:

Accessory structures and uses.

Bowling alleys.

Drive-in establishments.

Fire and police stations.

Hotels, motels, restaurants, taverns and package liquor stores.

Marijuana grow houses and storefronts.

Printing shops.

Public and private recreation uses.

Retail stores for the sale of automobile parts and accessories, souvenirs, curios, film, magazines, and other products customarily sold to meet the needs of the motoring public, but not including junk, salvage, or automobile wrecking yards.

Service stations, automobile and truck repair garages.

Tire store sales and service, including vulcanizing, but not involving manufacturing on the premises.

Tourist information centers and museums.

Truck stops.

C. Conditional Uses: The following uses are permitted in HC districts subject to meeting the requirements and procedures prescribed for conditional uses:

Bus stations.

Churches.

Contractor's operations or storage yards.

Essential services.

Gasoline, propane and oil bulk stations and distributing plants. Due to the flammable nature of these products, sites may be located within the highway commercial district, remote from population concentration provided:

1. They meet all local, state and federal regulations.

2. Storage tanks shall be a minimum of fifty feet (50') from the nearest property line.

3. The site shall have direct and exclusive access to an arterial highway and such access shall be at least two hundred feet (200') from any residential dwelling or any commercial business open to the general public.

4. The site shall maintain an acceptable appearance from streets and adjoining properties by employing approved landscaping and buffering techniques.

Heavy machinery sales and service.

Lumber or building materials storage yards, builders supply yards, sale of cement and concrete products and lumber.

Mobile home and trailer sales and services.

Painting, plumbing, upholstering and sign shops.

Single- and multi-family dwellings.

Storage warehouses. (Ord. 131, 3-14-2002; amd. Ord. 134, 11-5-2010; Ord. 154-2023, 7-27-2023)

11-3D-2: C-I COMMERCIAL-INDUSTRIAL DISTRICT:

A. Purpose: To accommodate basic sector industrial uses in addition to concentrations of highway oriented business development in areas abutting arterial thoroughfares. These areas are intended to provide a broader range of industrial as well as commercial development, the latter of which primarily serves automobile oriented trade requiring parking, loading and storage areas generally incompatible with the downtown core area. The C-I district is not intended to permit uses that are directly competitive with and destructive to the success of businesses in the core commercial/residential district.

B. Permitted Uses: In the C-I district, no building or premises shall be used and no building shall be erected or structurally altered except for one of the following or demonstrably similar purposes:

Accessory structures and uses.

Bowling alleys.

Contractor's operations or storage yards.

Drive-in establishments.

Fire and police stations.

Hotels, motels, restaurants, taverns and package liquor stores.

Lumber or building materials storage yards, builders supply yards, sale of cement and concrete products and lumber.

Marijuana grow houses and storefronts.

Painting, plumbing, upholstering and sign shops.

Printing shops.

Public and private recreation uses.

Service stations, automobile and truck repair garages.

Tire store sales and service, including vulcanizing, but not involving manufacturing on the premises.

Tourist information centers and museums.

Truck stops.

C. Conditional Uses: The following uses are permitted in C-I districts subject to meeting the requirements and procedures prescribed for conditional uses:

Blacksmith, welding, or other metal shops, excluding punch presses over twenty (20) tons' rated capacity, drop hammers, and the like.

Bottling works.

Bus stations.

Churches.

Dairy processing and distribution plants.

Electrical central power stations.

Essential services.

Grain elevators, or facilities for collection, storage, processing and marketing of grain and feed products.

Machine, roofing and sheet metal shops.

Manufacturing, compounding, processing, packaging of cosmetics, pharmacology, electronic components and food products, except fish and meat products, and the reducing and refining of fats and oils.

Mobile home and trailer sales and services.

Printing plants.

Processing and manufacturing of brick, ceramic and other clay products.

Single- and multi-family dwellings.

Storage warehouses. (Ord. 131, 3-14-2002; amd. Ord. 134, 11-5-2010; Ord. 154-2023, 7-27-2023)

11-3E-1: PURPOSE:

Areas to be reserved for basic sector industrial uses that desire a more protected, higher quality environment within which to conduct operations. (Ord. 131, 3-14-2002)

11-3E-2: PERMITTED USES:

In the P-I district, no building or premises shall be used and no building shall be erected or structurally altered, except for one of the following or demonstrably similar purposes:

Accessory structures and uses.

Basic sector industries and businesses that sell most of the goods or services produced to buyers from outside Montana.

Marijuana grow houses and storefronts.

Organizations or agencies that serve a broad range of in state as well as out of state visitors to the Ennis area.

Tourist information centers and museums. (Ord. 131, 3-14-2002; amd. Ord. 134, 11-5-2010; Ord. 154-2023, 7-27-2023)

11-3E-3: CONDITIONAL USES:

The following uses are permitted in P-I districts subject to meeting the requirements and procedures prescribed for conditional uses:

Bus stations.

Essential services.

Hotels, motels and restaurants.

Living quarters for persons employed more than half time on premises. (Ord. 131, 3-14-2002)

11-3F-1: TND TRADITIONAL NEIGHBORHOOD DEVELOPMENT OVERLAY:

A. Intent And Purpose: Montana statutes state zoning regulations shall be in accord with a comprehensive plan. The 1996 Ennis comprehensive plan goals and objectives revealed citizen desire to be involved in community planning and implementation decisions and to preserve and enhance community attractiveness. The plan also reflects the citizen's intent to maintain Ennis' small western town appearance and other features that distinguish it from other communities. TND provisions offer property owners, developers and builders maximum flexibility of design consistent with the goals, objectives, policies and overall intent of the Ennis comprehensive plan and applicable provisions of the Montana planning and zoning statutes. Design parameters and review procedures to be used in administering TND provisions are intended to assure full protection of the health, safety, morals and general welfare of the Ennis community.

B. TND Design Parameters:

1. Design Quality: The design quality of site, landscaping and structures, viewed in context with a proposed project's compatibility with its immediate surroundings and with the town's unique character, shall be a primary criteria by which the acceptability of all TND proposals shall be measured.

2. Uses: Permitted and conditional uses shall be those specified in the underlying zoning district; however, reviewers shall flexibly interpret the appropriateness of proposed uses when determining their consistency with the uses permitted in the underlying zoning classification.

3. Density And Intensity: The maximum permitted residential density, calculated as the number of dwelling units per acre, and intensity of nonresidential use, calculated as permitted floor area ratio (FAR), shall not exceed or be less than that specified for the underlying zoning district by a factor of more than fifty percent (50%).

4. Parking And Loading: Parking and loading areas shall be consistent with the comprehensive plan and shall be placed behind buildings and screened from public streets and surrounding properties. The parking and loading requirements set forth in this title shall serve as review guide for TND proposals but may be adjusted by a factor up to one hundred percent (100%), provided:

a. Acceptable alternative arrangements are made or actual needs are less for the specific proposed uses to be served, and

b. An equivalent area, suitably located with respect to access, is landscaped for subsequent conversion to parking or loading if uses are changed.

5. Parks, Trails And Common Open Spaces: Parks, trails and common spaces commensurate with the type, size and location of proposed TNDs shall be incorporated into the design plans. TND plans shall also include procedures for constructing and providing for the continued maintenance of these features.

6. Community Facilities And Utilities: Community utilities and facilities commensurate with the type, size and location of proposed TNDs shall be incorporated into the design plans. TND plans shall also include the means of transferring ownership and long term responsibility for such improvements or land.

7. Landscaping, Lighting And Street Furniture: Landscaping, lighting and street furniture shall meet the requirements of this title; however, proposals of an extraordinary quality and design may be used as mitigating offsets with respect to other ordinance requirements.

8. Signs: The sign requirements set forth in this title shall serve as review guide for TND proposals but may be adjusted for valid functional and aesthetic reasons by a factor up to twenty five percent (25%).

9. Access And Linkage: Maximum attention shall be given to a feature that will enhance convenient and safe and attractive pedestrian and bicycle access, both on and off site.

10. Streets, Alleys, And Parking Lots: Vehicular access shall be designed and constructed to physically constrain maximum vehicular speed on collector streets to thirty (30) miles per hour, on local access streets to twenty (20) miles per hour and on alleys and within parking lots to seven (7) miles per hour. Adequate arrangements shall be incorporated into the design to accommodate public safety vehicles as well as occasional community service needs, but these arrangements shall not cause the maximum design speed to increase.

C. Review Procedures:

1. Time: Recognizing the TND procedure lessens the predictability of timing and approval. Project filings deemed by the zoning administrator to be complete and sufficient for review shall be accorded priority over all other projects at every step of the review process. All town of Ennis related personnel and agency reviews shall be expedited to the extent possible consistent with statutorily determined meeting notification requirements.

2. Review Process: A property owner or other person considering a TND project shall first meet with the zoning administrator to review the nature, type and location of the proposed project. The zoning administrator shall provide information and answer questions about the process together with a list of submission requirements and a tentative schedule of review stages and procedures consistent with the scale and nature of the applicant's proposed project. The applicant will provide a draft TND agreement that describes all facets of the project including the public and private improvements and schedule for the project. Formal reviews will not be initiated until all required information has been submitted to the zoning administrator.

3. Approval Process: The zoning administrator shall promptly schedule the proposed TND project for planning board review. The planning board may conduct a public hearing regarding the proposed project or may review and recommend approving, conditionally approving or denying the project at any special or regular board meeting. Before recommending any TND project the planning board shall make specific findings that document how the project meets this section's design criteria. The planning board's recommendation and TND agreement shall be forwarded to the town commission for review and approval. The agreement will be executed by the developer and the mayor or his designee and shall be a contract enforceable under Montana law.

D. Other TND Provisions:

1. Zoning Standards As Guide: The zoning standards and procedures set forth in other provisions of this title may be used as a guide for TND reviews.

2. Interpretation: It is understood and intended that such determinations will be site specific and likely to vary based upon geographic location within the town and with changes in materials and technologies in time.

3. Bonding: The town commission may require a performance bond to ensure that the proposed development is completed as approved and within the time limits. (Ord. 131, 3-14-2002)

Ennis City Zoning Code

CHAPTER 3

ZONING DISTRICTS AND OVERLAY DISTRICTS

11-3-1: CONSISTENCY WITH COMPREHENSIVE PLAN:

II: GOALS AND OBJECTIVES

The Goals and Objectives were drawn from the 'Likes' and 'Dislikes' expressed by the citizens at two planning workshops and from planning board and consultant observations....

Primary Goals

Preserve and enhance community attractiveness.

Conserve the area's natural environmental quality.

Ensure that future development does not burden current taxpayers.

Residential

Goal:

Improve the community's total living environment by employing active, neighborhood based planning and implementation.

Objectives:

Halt "suburban sprawl" and facilitate neighborhood reinvestment.

Determine development suitability and site design acceptability with full regard for topographic, soil, food and other natural conditions.

Implement flexible regulatory codes to achieve well planned neighborhoods with varied lot sizes, mixed land uses and safe, efficient site design.

Protect neighborhoods from poorly designed incompatible uses....

Facilitate new and rehabilitated housing that will serve all citizens needs.

Implement incentive based minimum construction standards.

Commercial

Goal:

Optimize business opportunities consistent with the Primary Goals.

Facilitate small businesses consistent with Ennis' "small town" character.

Preserve downtown as the focal point of business and shopping activity.

Provide incentives to attract and keep business within the core area.

Encourage development of vacant and underutilized spaces in the core area.

Continue to enhance all elements of downtown's appearance, particularly signs and lights.

Continue downtown's contemporary western theme.

Link commercial, residential and recreational spaces with pedestrian walkways.

Require adequate, properly located well-designed parking.

Industrial

Goal:

Build a more diversified, year-round economy.

Objectives:

Facilitate the expansion of existing and development of new light industries.

Protect lands suitable for light industry from residential or other low value uses.

Require proper site design construction and maintenance.

Community Facilities and Utilities

Goal:

Provide effective, efficient public services.

Objectives:

Require basic utility systems be installed prior to development and construction.

Install power and communication systems underground.

Require adequate storm water facilities be designed, installed and maintained.

Parks and Recreation

Goal:

Develop park and recreation facilities that meet the needs of all citizens.

Objectives:

Provide land and recreational facilities commensurate with current and future needs that do not exceed the community's maintenance capabilities.

Develop year-round facilities that will strengthen the Madison Valley recreational economy but do not degrade the natural environment.

Develop a park and recreation system along the Madison River linked with other community recreation spaces.

Preserve and improve parks and open spaces within the core area.

Improve parks acquired in collection with subdivision approvals.

Transportation

Goal:

Increase the quality, availability and efficiency of transportation facilities.

Objectives:

Restrict access to arterial streets.

Agriculture

Goal:

Promote the agricultural economy's continued growth and prosperity.

Objectives:

Recognize agriculture's contribution to the community's economic base, the protection of wildlife resources and maintenance of open space.

Protect agriculture from the adverse effect of subdivision development.

Fully implement land protection measures including floodplain management, weed infestation controls and soil and water conservation.

Natural Resources

Goal:

Make effective use of natural resources while protecting environmental quality.

Objectives:

Protect and appropriately manage natural resources.

Implement measures that will minimize air and water pollution.

Protect and preserve Madison Valley's natural character.

Aesthetic and Environment

Goal:

Protect and enhance the area's built and natural environment.

Objectives:

Protect the area's natural environment.

Design and implement a flexible, design based regulatory system.

Improve community entryway signage and landscaping.

Prevent new incompatible land uses, and mitigate the effect of those that currently exist, with landscaping or other means of buffering.

Reduce the consumption of water for landscape irrigation.

The land uses and development requirements to be implemented by zoning and other regulatory codes and policies are:

a. Residential - 1 DU Per 10 Acres: Tracts suitable for low density, suburban type development.

b. Residential - 2 DU's Per Acre: Lands within and close to town suitable for single-family home sites served by "on-lot" water and sewage disposal systems.

Planned Industrial: The area to be reserved for basic sector employment type uses that will be attracted to Ennis if a suitable environment is assured.

(Ord. 131, 3-14-2002)

11-3-2: ZONING DISTRICTS ESTABLISHED:

The Ennis planning and zoning jurisdictional area is divided into the following zoning districts:

Agricultural Districts

AG-640 Agricultural - 640

AG-160 Agricultural - 160

AG-80 Agricultural - 80

Residential Districts

R-RD Residential - rural density

R-LD Residential - low density

R-MD Residential - medium density

R-TD Residential - town density

Mixed Commercial/Residential Districts

L-CR Local commercial - residential

C-CR Core commercial - residential

Nonresidential Districts

HC Highway commercial

C-I Commercial/industrial

P-I Planned industrial

Zoning Overlay Districts

TND Traditional neighborhood development

FPM Floodplain management

CS Community signage

(Ord. 131, 3-14-2002)

11-3-3: DISTRICT BOUNDARIES:

A. Interpretation: Mapped zoning district boundaries shall be interpreted pursuant to the following rules:

1. Centerlines: Where boundaries as generally follow the centers of street or highway rights of way, the centerlines of the streets or rights of way shall be construed to be such boundaries.

2. Lot Lines: Where boundaries generally follow lot lines, such lot lines shall be construed to be such boundaries.

11-3-4: AREA, YARD AND HEIGHT SPECIFICATIONS:

DISTRICT	MINIMUMS							MAXIMUMS
	Area/DU	Lot Area	Front Yard	Sd. Yard	Rr. Yard	St. Frt'ge	Height	Intensity
AG-640	640 acres	640 acres	50 ft.	1) 10 ft.	1)10 ft.	1,200 ft.	2) none	2) none
AG-160	160 acres	160 acres	50 ft.	1) 10 ft.	1)10 ft.	1,200 ft.	2) none	2) none
AG-80	80 acres	80 acres	50 ft.	1) 10 ft.	1) 10 ft.	1,200 ft.	2) none	2) none
R-RD	10 acres	3 acres	50 ft.	10 ft.	1) 10 ft.	250 ft.	35 ft.	none
R-LD	1/2 acre	7,500 sq. ft.	20 ft.	10 ft.	20 ft.	75 ft.	25 ft.	none
R-MD	1/4 acre	5,000 sq. ft.	20 ft.	10 ft.	10 ft.	50 ft.	25 ft.	none
R-TD	1/8 acre	4,000 sq. ft.	15 ft.	5 ft.	5 ft.	50 ft.	25 ft.	none
L-CR	3)	3)	3)	3)	3)	3)	35 ft.	4) 0.8
C-CR	3)	3)	3)	3)	3)	3)	35 ft.	4) 3.0
HC	-	3)	25 ft.	3)	3)	100 ft.	35 ft.	4) 0.4
C-1	-	1 acre	50 ft.	25 ft.	25 ft.	100 ft.	35 ft.	4) 0.4
P-1	3)	3)	50 ft.	25 ft.	3)	3)	35 ft.	4) 0.6

1) This distance shall be equal to the height of buildings within 200 feet but no less than 10 feet

2) No maximum height limit is established except as may be required within airport land zones

3) All L-CR, C-CR and P-I districts shall be designed in accord with the TND district requirements (see article 3A of this chapter).

4) The maximum allowable "floor area ratio (FAR)" as defined in section 11-2-2 of this title.

11-3-5: YARD AND HEIGHT EXCEPTIONS AND EXEMPTIONS:

A. Purpose: Yard and height exceptions and exemptions to the requirements specified in the preceding section shall apply pursuant to the following provisions:

B. Yard Exceptions And Exemptions:

1. Porches: An open unenclosed porch or paved terrace may project into a front yard for a distance not exceeding ten feet (10').

C. Height Exceptions And Exemptions:

11-3A-1: PURPOSE:

11-3A-2: PERMITTED USES:

In AG agricultural districts, no building or premises shall be used and no building shall be erected or structurally altered, except for one of the following purposes:

Accessory structures and uses.

Agriculture, including field crops, horticulture, animal husbandry, poultry farms and kennels.

Dwellings and normal ranch and farm buildings.

Golf courses and country clubs.

Marijuana grow houses in AG-640 and AG-160.

Riding academies, dude ranches, and farm and ranch related recreational enterprises. (Ord. 131, 3-14-2002; amd. Ord. 134, 11-5-2010; Ord. 154-2023, 7-27-2023)

11-3A-3: CONDITIONAL USES:

The following uses are permitted in agricultural districts subject to meeting the requirements and procedures prescribed for conditional uses:

Airports, provided they meet all state and federal regulations.

Cemeteries, crematories and mausoleums.

Commercial mines, quarries and sand and gravel pits.

Commercial recreation, including golf driving ranges and automotive racetracks.

Essential services.

Home occupations.

Living quarters for persons employed more than half time on the premises but not exceeding one family unit in addition to the principal occupant/employer.

Nonhighway oriented lodges with cabins.

Temporary (not to exceed 90 days) stands for the sale of products grown primarily on the premises. (Ord. 131, 3-14-2002)

11-3B-1: R-RD RURAL DENSITY DISTRICT:

A. Purpose: To provide areas suitable for rural density, suburban development at a density of no more than one dwelling unit per ten (10) acres of land.

B. Permitted Use: In R-RD districts, no building or premises shall be used and no building shall be erected or structurally altered except for one of the following purposes:

Accessory structures and uses.

Daycare centers.

Fire and police stations.

Group homes.

Nursing homes and hospitals, provided the state and local health jurisdictions approve the location.

Single-family dwellings.

C. Conditional Uses: The following uses are permitted in R-RD districts subject to meeting the requirements and procedures prescribed for conditional uses:

Cemeteries, crematories and mausoleums.

Essential services.

Home occupations.

Living quarters for persons employed more than half time on the premises but not exceeding one family unit in addition to the principal occupant/employer. (Ord. 131, 3-14-2002)

11-3B-2: R-LD LOW DENSITY DISTRICT:

A. Purpose: To provide areas suitable for low density development, within or close to town at a density of no more than one dwelling unit per one-half (1/2) acre of land (21,780 square feet) .

B. Permitted Uses: In R-LD districts, no building or premises shall be used and no building shall be erected or structurally altered except for one of the following purposes:

Accessory structures and uses.

Daycare centers.

Fire and police stations.

Group homes.

Nursing homes and hospitals, provided the state and local health jurisdictions approve the location.

Single-family dwellings.

C. Conditional Uses: The following uses are permitted in R-LD districts subject to meeting the requirements and procedures prescribed for conditional uses:

Essential services.

Home occupations.

Manufactured home parks platted after adoption of this title. (Ord. 131, 3-14-2002)

11-3B-3: R-MD MEDIUM DENSITY DISTRICT:

B. Permitted Uses: In R-MD districts, no building or premises shall be used and no building shall be erected or structurally altered except for one of the following purposes:

Accessory structures and uses.

Daycare centers.

Fire and police stations.

Group homes.

Nursing homes and hospitals, provided the state and local health jurisdictions approve the location.

Single- and multiple-family dwellings.

C. Conditional Uses: The following uses are permitted in R-MD districts subject to meeting the requirements and procedures prescribed for conditional uses:

Bed and breakfasts.

Boarding/lodging houses.

Essential services.

Home occupations.

Hospitals and clinics.

Manufactured home parks platted after adoption of this title. (Ord. 131, 3-14-2002)

11-3B-4: R-TD RESIDENTIAL TOWN DENSITY DISTRICT:

A. Purpose: To accommodate a mix of homes and apartments close to the town's core area at a density of no more than one dwelling unit per one-eighth (1/8) acre (5,445 square feet).

B. Permitted Uses: In R-TD districts, no building or premises shall be used and no building shall be erected or structurally altered except for one of the following purposes:

Accessory structures and uses.

Bed and breakfasts.

Boarding/lodging houses.

Daycare centers.

Group homes.

Hospitals and clinics.

Nursing homes and hospitals, provided the state and local health jurisdictions approve the location.

Public safety: Fire and police stations.

Single- and multiple-family dwellings.

C. Conditional Uses: The following uses are permitted in R-TD districts subject to meeting the requirements and procedures prescribed for conditional uses:

Essential services.

Home occupations.

Manufactured home parks platted after adoption of this title. (Ord. 131, 3-14-2002)

11-3C-1: L-CR LOCAL COMMERCIAL/RESIDENTIAL DISTRICT:

Accessory structures and uses.

Bed and breakfasts.

Boarding/lodging houses.

Churches, public parks and playgrounds and community centers.

Daycare centers.

Fire and police stations.

Group homes.

Restaurants.

Shops and services that generally serve the day to day needs of nearby neighborhood residents.

C. Conditional Uses: The following uses are permitted in L-CR districts subject to meeting the requirements and procedures prescribed for conditional uses:

Automobile service stations.

Essential services.

Home occupations.

Offices, each not exceeding five hundred (500) square feet in gross area.

Single- and multiple-family dwellings. (Ord. 131, 3-14-2002)

11-3C-2: C-CR CORE COMMERCIAL/RESIDENTIAL DISTRICT:

A. Purpose: To maintain and strengthen the downtown "core" area and facilitate the continuance of its western, small town character.

Accessory structures and uses.

Assembly halls.

Bars and package liquor stores.

Bed and breakfasts.

Boarding/lodging houses.

Bowling alleys.

Churches, public parks and playgrounds and community centers.

Daycare centers.

Group homes.

Libraries, public parks and playgrounds, fire and police stations and other public buildings.

Marijuana storefronts.

Membership clubs.

Offices.

Printing shops.

Public and private recreation use.

Restaurants.

Retail stores.

Theaters. (Ord. 131, 3-14-2002; amd. Ord. 134, 11-5-2010)

C. Conditional Uses: The following uses are permitted in C-CR districts subject to meeting the requirements and procedures prescribed for conditional uses:

Bus stations.

Essential services.

Home occupations.

Retail painting, plumbing, upholstering and sign shops (no outdoor storage of materials).

Single- and multiple-family dwellings. (Ord. 131, 3-14-2002; amd. Ord. 134, 11-5-2010; Ord. 154-2023, 7-27-2023)

11-3D-1: HC HIGHWAY COMMERCIAL DISTRICT:

B. Permitted Uses: In the HC district, no building or premises shall be used and no building shall be erected or structurally altered except for one of the following or demonstrably similar purposes:

Accessory structures and uses.

Bowling alleys.

Drive-in establishments.

Fire and police stations.

Hotels, motels, restaurants, taverns and package liquor stores.

Marijuana grow houses and storefronts.

Printing shops.

Public and private recreation uses.

Service stations, automobile and truck repair garages.

Tire store sales and service, including vulcanizing, but not involving manufacturing on the premises.

Tourist information centers and museums.

Truck stops.

C. Conditional Uses: The following uses are permitted in HC districts subject to meeting the requirements and procedures prescribed for conditional uses:

Bus stations.

Churches.

Contractor's operations or storage yards.

Essential services.

1. They meet all local, state and federal regulations.

2. Storage tanks shall be a minimum of fifty feet (50') from the nearest property line.

4. The site shall maintain an acceptable appearance from streets and adjoining properties by employing approved landscaping and buffering techniques.

Heavy machinery sales and service.

Lumber or building materials storage yards, builders supply yards, sale of cement and concrete products and lumber.

Mobile home and trailer sales and services.

Painting, plumbing, upholstering and sign shops.

Single- and multi-family dwellings.

Storage warehouses. (Ord. 131, 3-14-2002; amd. Ord. 134, 11-5-2010; Ord. 154-2023, 7-27-2023)

11-3D-2: C-I COMMERCIAL-INDUSTRIAL DISTRICT:

Accessory structures and uses.

Bowling alleys.

Contractor's operations or storage yards.

Drive-in establishments.

Fire and police stations.

Hotels, motels, restaurants, taverns and package liquor stores.

Lumber or building materials storage yards, builders supply yards, sale of cement and concrete products and lumber.

Marijuana grow houses and storefronts.

Painting, plumbing, upholstering and sign shops.

Printing shops.

Public and private recreation uses.

Service stations, automobile and truck repair garages.

Tire store sales and service, including vulcanizing, but not involving manufacturing on the premises.

Tourist information centers and museums.

Truck stops.

C. Conditional Uses: The following uses are permitted in C-I districts subject to meeting the requirements and procedures prescribed for conditional uses:

Blacksmith, welding, or other metal shops, excluding punch presses over twenty (20) tons' rated capacity, drop hammers, and the like.

Bottling works.

Bus stations.

Churches.

Dairy processing and distribution plants.

Electrical central power stations.

Essential services.

Grain elevators, or facilities for collection, storage, processing and marketing of grain and feed products.

Machine, roofing and sheet metal shops.

Manufacturing, compounding, processing, packaging of cosmetics, pharmacology, electronic components and food products, except fish and meat products, and the reducing and refining of fats and oils.

Mobile home and trailer sales and services.

Printing plants.

Processing and manufacturing of brick, ceramic and other clay products.

Single- and multi-family dwellings.

Storage warehouses. (Ord. 131, 3-14-2002; amd. Ord. 134, 11-5-2010; Ord. 154-2023, 7-27-2023)

11-3E-1: PURPOSE:

Areas to be reserved for basic sector industrial uses that desire a more protected, higher quality environment within which to conduct operations. (Ord. 131, 3-14-2002)

11-3E-2: PERMITTED USES:

In the P-I district, no building or premises shall be used and no building shall be erected or structurally altered, except for one of the following or demonstrably similar purposes:

Accessory structures and uses.

Basic sector industries and businesses that sell most of the goods or services produced to buyers from outside Montana.

Marijuana grow houses and storefronts.

Organizations or agencies that serve a broad range of in state as well as out of state visitors to the Ennis area.

Tourist information centers and museums. (Ord. 131, 3-14-2002; amd. Ord. 134, 11-5-2010; Ord. 154-2023, 7-27-2023)

11-3E-3: CONDITIONAL USES:

The following uses are permitted in P-I districts subject to meeting the requirements and procedures prescribed for conditional uses:

Bus stations.

Essential services.

Hotels, motels and restaurants.

Living quarters for persons employed more than half time on premises. (Ord. 131, 3-14-2002)

11-3F-1: TND TRADITIONAL NEIGHBORHOOD DEVELOPMENT OVERLAY:

B. TND Design Parameters:

a. Acceptable alternative arrangements are made or actual needs are less for the specific proposed uses to be served, and

b. An equivalent area, suitably located with respect to access, is landscaped for subsequent conversion to parking or loading if uses are changed.

9. Access And Linkage: Maximum attention shall be given to a feature that will enhance convenient and safe and attractive pedestrian and bicycle access, both on and off site.

C. Review Procedures:

D. Other TND Provisions:

1. Zoning Standards As Guide: The zoning standards and procedures set forth in other provisions of this title may be used as a guide for TND reviews.

3. Bonding: The town commission may require a performance bond to ensure that the proposed development is completed as approved and within the time limits. (Ord. 131, 3-14-2002)

Ennis City Zoning Code

CHAPTER 3

ZONING DISTRICTS AND OVERLAY DISTRICTS

11-3-1: CONSISTENCY WITH COMPREHENSIVE PLAN:

II: GOALS AND OBJECTIVES

The Goals and Objectives were drawn from the 'Likes' and 'Dislikes' expressed by the citizens at two planning workshops and from planning board and consultant observations....

Primary Goals

Preserve and enhance community attractiveness.

Conserve the area's natural environmental quality.

Ensure that future development does not burden current taxpayers.

Residential

Goal:

Improve the community's total living environment by employing active, neighborhood based planning and implementation.

Objectives:

Halt "suburban sprawl" and facilitate neighborhood reinvestment.

Determine development suitability and site design acceptability with full regard for topographic, soil, food and other natural conditions.

Implement flexible regulatory codes to achieve well planned neighborhoods with varied lot sizes, mixed land uses and safe, efficient site design.

Protect neighborhoods from poorly designed incompatible uses....

Facilitate new and rehabilitated housing that will serve all citizens needs.

Implement incentive based minimum construction standards.

Commercial

Goal:

Optimize business opportunities consistent with the Primary Goals.

Facilitate small businesses consistent with Ennis' "small town" character.

Preserve downtown as the focal point of business and shopping activity.

Provide incentives to attract and keep business within the core area.

Encourage development of vacant and underutilized spaces in the core area.

Continue to enhance all elements of downtown's appearance, particularly signs and lights.

Continue downtown's contemporary western theme.

Link commercial, residential and recreational spaces with pedestrian walkways.

Require adequate, properly located well-designed parking.

Industrial

Goal:

Build a more diversified, year-round economy.

Objectives:

Facilitate the expansion of existing and development of new light industries.

Protect lands suitable for light industry from residential or other low value uses.

Require proper site design construction and maintenance.

Community Facilities and Utilities

Goal:

Provide effective, efficient public services.

Objectives:

Require basic utility systems be installed prior to development and construction.

Install power and communication systems underground.

Require adequate storm water facilities be designed, installed and maintained.

Parks and Recreation

Goal:

Develop park and recreation facilities that meet the needs of all citizens.

Objectives:

Provide land and recreational facilities commensurate with current and future needs that do not exceed the community's maintenance capabilities.

Develop year-round facilities that will strengthen the Madison Valley recreational economy but do not degrade the natural environment.

Develop a park and recreation system along the Madison River linked with other community recreation spaces.

Preserve and improve parks and open spaces within the core area.

Improve parks acquired in collection with subdivision approvals.

Transportation

Goal:

Increase the quality, availability and efficiency of transportation facilities.

Objectives:

Restrict access to arterial streets.

Agriculture

Goal:

Promote the agricultural economy's continued growth and prosperity.

Objectives:

Recognize agriculture's contribution to the community's economic base, the protection of wildlife resources and maintenance of open space.

Protect agriculture from the adverse effect of subdivision development.

Fully implement land protection measures including floodplain management, weed infestation controls and soil and water conservation.

Natural Resources

Goal:

Make effective use of natural resources while protecting environmental quality.

Objectives:

Protect and appropriately manage natural resources.

Implement measures that will minimize air and water pollution.

Protect and preserve Madison Valley's natural character.

Aesthetic and Environment

Goal:

Protect and enhance the area's built and natural environment.

Objectives:

Protect the area's natural environment.

Design and implement a flexible, design based regulatory system.

Improve community entryway signage and landscaping.

Prevent new incompatible land uses, and mitigate the effect of those that currently exist, with landscaping or other means of buffering.

Reduce the consumption of water for landscape irrigation.

The land uses and development requirements to be implemented by zoning and other regulatory codes and policies are:

a. Residential - 1 DU Per 10 Acres: Tracts suitable for low density, suburban type development.

b. Residential - 2 DU's Per Acre: Lands within and close to town suitable for single-family home sites served by "on-lot" water and sewage disposal systems.

Planned Industrial: The area to be reserved for basic sector employment type uses that will be attracted to Ennis if a suitable environment is assured.

(Ord. 131, 3-14-2002)

11-3-2: ZONING DISTRICTS ESTABLISHED:

The Ennis planning and zoning jurisdictional area is divided into the following zoning districts:

Agricultural Districts

AG-640 Agricultural - 640

AG-160 Agricultural - 160

AG-80 Agricultural - 80

Residential Districts

R-RD Residential - rural density

R-LD Residential - low density

R-MD Residential - medium density

R-TD Residential - town density

Mixed Commercial/Residential Districts

L-CR Local commercial - residential

C-CR Core commercial - residential

Nonresidential Districts

HC Highway commercial

C-I Commercial/industrial

P-I Planned industrial

Zoning Overlay Districts

TND Traditional neighborhood development

FPM Floodplain management

CS Community signage

(Ord. 131, 3-14-2002)

11-3-3: DISTRICT BOUNDARIES:

A. Interpretation: Mapped zoning district boundaries shall be interpreted pursuant to the following rules:

1. Centerlines: Where boundaries as generally follow the centers of street or highway rights of way, the centerlines of the streets or rights of way shall be construed to be such boundaries.

2. Lot Lines: Where boundaries generally follow lot lines, such lot lines shall be construed to be such boundaries.

11-3-4: AREA, YARD AND HEIGHT SPECIFICATIONS:

DISTRICT	MINIMUMS							MAXIMUMS
	Area/DU	Lot Area	Front Yard	Sd. Yard	Rr. Yard	St. Frt'ge	Height	Intensity
AG-640	640 acres	640 acres	50 ft.	1) 10 ft.	1)10 ft.	1,200 ft.	2) none	2) none
AG-160	160 acres	160 acres	50 ft.	1) 10 ft.	1)10 ft.	1,200 ft.	2) none	2) none
AG-80	80 acres	80 acres	50 ft.	1) 10 ft.	1) 10 ft.	1,200 ft.	2) none	2) none
R-RD	10 acres	3 acres	50 ft.	10 ft.	1) 10 ft.	250 ft.	35 ft.	none
R-LD	1/2 acre	7,500 sq. ft.	20 ft.	10 ft.	20 ft.	75 ft.	25 ft.	none
R-MD	1/4 acre	5,000 sq. ft.	20 ft.	10 ft.	10 ft.	50 ft.	25 ft.	none
R-TD	1/8 acre	4,000 sq. ft.	15 ft.	5 ft.	5 ft.	50 ft.	25 ft.	none
L-CR	3)	3)	3)	3)	3)	3)	35 ft.	4) 0.8
C-CR	3)	3)	3)	3)	3)	3)	35 ft.	4) 3.0
HC	-	3)	25 ft.	3)	3)	100 ft.	35 ft.	4) 0.4
C-1	-	1 acre	50 ft.	25 ft.	25 ft.	100 ft.	35 ft.	4) 0.4
P-1	3)	3)	50 ft.	25 ft.	3)	3)	35 ft.	4) 0.6

1) This distance shall be equal to the height of buildings within 200 feet but no less than 10 feet

2) No maximum height limit is established except as may be required within airport land zones

3) All L-CR, C-CR and P-I districts shall be designed in accord with the TND district requirements (see article 3A of this chapter).

4) The maximum allowable "floor area ratio (FAR)" as defined in section 11-2-2 of this title.

11-3-5: YARD AND HEIGHT EXCEPTIONS AND EXEMPTIONS:

A. Purpose: Yard and height exceptions and exemptions to the requirements specified in the preceding section shall apply pursuant to the following provisions:

B. Yard Exceptions And Exemptions:

1. Porches: An open unenclosed porch or paved terrace may project into a front yard for a distance not exceeding ten feet (10').

C. Height Exceptions And Exemptions:

11-3A-1: PURPOSE:

11-3A-2: PERMITTED USES:

In AG agricultural districts, no building or premises shall be used and no building shall be erected or structurally altered, except for one of the following purposes:

Accessory structures and uses.

Agriculture, including field crops, horticulture, animal husbandry, poultry farms and kennels.

Dwellings and normal ranch and farm buildings.

Golf courses and country clubs.

Marijuana grow houses in AG-640 and AG-160.

Riding academies, dude ranches, and farm and ranch related recreational enterprises. (Ord. 131, 3-14-2002; amd. Ord. 134, 11-5-2010; Ord. 154-2023, 7-27-2023)

11-3A-3: CONDITIONAL USES:

The following uses are permitted in agricultural districts subject to meeting the requirements and procedures prescribed for conditional uses:

Airports, provided they meet all state and federal regulations.

Cemeteries, crematories and mausoleums.

Commercial mines, quarries and sand and gravel pits.

Commercial recreation, including golf driving ranges and automotive racetracks.

Essential services.

Home occupations.

Living quarters for persons employed more than half time on the premises but not exceeding one family unit in addition to the principal occupant/employer.

Nonhighway oriented lodges with cabins.

Temporary (not to exceed 90 days) stands for the sale of products grown primarily on the premises. (Ord. 131, 3-14-2002)

11-3B-1: R-RD RURAL DENSITY DISTRICT:

A. Purpose: To provide areas suitable for rural density, suburban development at a density of no more than one dwelling unit per ten (10) acres of land.

B. Permitted Use: In R-RD districts, no building or premises shall be used and no building shall be erected or structurally altered except for one of the following purposes:

Accessory structures and uses.

Daycare centers.

Fire and police stations.

Group homes.

Nursing homes and hospitals, provided the state and local health jurisdictions approve the location.

Single-family dwellings.

C. Conditional Uses: The following uses are permitted in R-RD districts subject to meeting the requirements and procedures prescribed for conditional uses:

Cemeteries, crematories and mausoleums.

Essential services.

Home occupations.

Living quarters for persons employed more than half time on the premises but not exceeding one family unit in addition to the principal occupant/employer. (Ord. 131, 3-14-2002)

11-3B-2: R-LD LOW DENSITY DISTRICT:

A. Purpose: To provide areas suitable for low density development, within or close to town at a density of no more than one dwelling unit per one-half (1/2) acre of land (21,780 square feet) .

B. Permitted Uses: In R-LD districts, no building or premises shall be used and no building shall be erected or structurally altered except for one of the following purposes:

Accessory structures and uses.

Daycare centers.

Fire and police stations.

Group homes.

Nursing homes and hospitals, provided the state and local health jurisdictions approve the location.

Single-family dwellings.

C. Conditional Uses: The following uses are permitted in R-LD districts subject to meeting the requirements and procedures prescribed for conditional uses:

Essential services.

Home occupations.

Manufactured home parks platted after adoption of this title. (Ord. 131, 3-14-2002)

11-3B-3: R-MD MEDIUM DENSITY DISTRICT:

B. Permitted Uses: In R-MD districts, no building or premises shall be used and no building shall be erected or structurally altered except for one of the following purposes:

Accessory structures and uses.

Daycare centers.

Fire and police stations.

Group homes.

Nursing homes and hospitals, provided the state and local health jurisdictions approve the location.

Single- and multiple-family dwellings.

C. Conditional Uses: The following uses are permitted in R-MD districts subject to meeting the requirements and procedures prescribed for conditional uses:

Bed and breakfasts.

Boarding/lodging houses.

Essential services.

Home occupations.

Hospitals and clinics.

Manufactured home parks platted after adoption of this title. (Ord. 131, 3-14-2002)

11-3B-4: R-TD RESIDENTIAL TOWN DENSITY DISTRICT:

A. Purpose: To accommodate a mix of homes and apartments close to the town's core area at a density of no more than one dwelling unit per one-eighth (1/8) acre (5,445 square feet).

B. Permitted Uses: In R-TD districts, no building or premises shall be used and no building shall be erected or structurally altered except for one of the following purposes:

Accessory structures and uses.

Bed and breakfasts.

Boarding/lodging houses.

Daycare centers.

Group homes.

Hospitals and clinics.

Nursing homes and hospitals, provided the state and local health jurisdictions approve the location.

Public safety: Fire and police stations.

Single- and multiple-family dwellings.

C. Conditional Uses: The following uses are permitted in R-TD districts subject to meeting the requirements and procedures prescribed for conditional uses:

Essential services.

Home occupations.

Manufactured home parks platted after adoption of this title. (Ord. 131, 3-14-2002)

11-3C-1: L-CR LOCAL COMMERCIAL/RESIDENTIAL DISTRICT:

Accessory structures and uses.

Bed and breakfasts.

Boarding/lodging houses.

Churches, public parks and playgrounds and community centers.

Daycare centers.

Fire and police stations.

Group homes.

Restaurants.

Shops and services that generally serve the day to day needs of nearby neighborhood residents.

C. Conditional Uses: The following uses are permitted in L-CR districts subject to meeting the requirements and procedures prescribed for conditional uses:

Automobile service stations.

Essential services.

Home occupations.

Offices, each not exceeding five hundred (500) square feet in gross area.

Single- and multiple-family dwellings. (Ord. 131, 3-14-2002)

11-3C-2: C-CR CORE COMMERCIAL/RESIDENTIAL DISTRICT:

A. Purpose: To maintain and strengthen the downtown "core" area and facilitate the continuance of its western, small town character.

Accessory structures and uses.

Assembly halls.

Bars and package liquor stores.

Bed and breakfasts.

Boarding/lodging houses.

Bowling alleys.

Churches, public parks and playgrounds and community centers.

Daycare centers.

Group homes.

Libraries, public parks and playgrounds, fire and police stations and other public buildings.

Marijuana storefronts.

Membership clubs.

Offices.

Printing shops.

Public and private recreation use.

Restaurants.

Retail stores.

Theaters. (Ord. 131, 3-14-2002; amd. Ord. 134, 11-5-2010)

C. Conditional Uses: The following uses are permitted in C-CR districts subject to meeting the requirements and procedures prescribed for conditional uses:

Bus stations.

Essential services.

Home occupations.

Retail painting, plumbing, upholstering and sign shops (no outdoor storage of materials).

Single- and multiple-family dwellings. (Ord. 131, 3-14-2002; amd. Ord. 134, 11-5-2010; Ord. 154-2023, 7-27-2023)

11-3D-1: HC HIGHWAY COMMERCIAL DISTRICT:

B. Permitted Uses: In the HC district, no building or premises shall be used and no building shall be erected or structurally altered except for one of the following or demonstrably similar purposes:

Accessory structures and uses.

Bowling alleys.

Drive-in establishments.

Fire and police stations.

Hotels, motels, restaurants, taverns and package liquor stores.

Marijuana grow houses and storefronts.

Printing shops.

Public and private recreation uses.

Service stations, automobile and truck repair garages.

Tire store sales and service, including vulcanizing, but not involving manufacturing on the premises.

Tourist information centers and museums.

Truck stops.

C. Conditional Uses: The following uses are permitted in HC districts subject to meeting the requirements and procedures prescribed for conditional uses:

Bus stations.

Churches.

Contractor's operations or storage yards.

Essential services.

1. They meet all local, state and federal regulations.

2. Storage tanks shall be a minimum of fifty feet (50') from the nearest property line.

4. The site shall maintain an acceptable appearance from streets and adjoining properties by employing approved landscaping and buffering techniques.

Heavy machinery sales and service.

Lumber or building materials storage yards, builders supply yards, sale of cement and concrete products and lumber.

Mobile home and trailer sales and services.

Painting, plumbing, upholstering and sign shops.

Single- and multi-family dwellings.

Storage warehouses. (Ord. 131, 3-14-2002; amd. Ord. 134, 11-5-2010; Ord. 154-2023, 7-27-2023)

11-3D-2: C-I COMMERCIAL-INDUSTRIAL DISTRICT:

Accessory structures and uses.

Bowling alleys.

Contractor's operations or storage yards.

Drive-in establishments.

Fire and police stations.

Hotels, motels, restaurants, taverns and package liquor stores.

Lumber or building materials storage yards, builders supply yards, sale of cement and concrete products and lumber.

Marijuana grow houses and storefronts.

Painting, plumbing, upholstering and sign shops.

Printing shops.

Public and private recreation uses.

Service stations, automobile and truck repair garages.

Tire store sales and service, including vulcanizing, but not involving manufacturing on the premises.

Tourist information centers and museums.

Truck stops.

C. Conditional Uses: The following uses are permitted in C-I districts subject to meeting the requirements and procedures prescribed for conditional uses:

Blacksmith, welding, or other metal shops, excluding punch presses over twenty (20) tons' rated capacity, drop hammers, and the like.

Bottling works.

Bus stations.

Churches.

Dairy processing and distribution plants.

Electrical central power stations.

Essential services.

Grain elevators, or facilities for collection, storage, processing and marketing of grain and feed products.

Machine, roofing and sheet metal shops.

Manufacturing, compounding, processing, packaging of cosmetics, pharmacology, electronic components and food products, except fish and meat products, and the reducing and refining of fats and oils.

Mobile home and trailer sales and services.

Printing plants.

Processing and manufacturing of brick, ceramic and other clay products.

Single- and multi-family dwellings.

Storage warehouses. (Ord. 131, 3-14-2002; amd. Ord. 134, 11-5-2010; Ord. 154-2023, 7-27-2023)

11-3E-1: PURPOSE:

Areas to be reserved for basic sector industrial uses that desire a more protected, higher quality environment within which to conduct operations. (Ord. 131, 3-14-2002)

11-3E-2: PERMITTED USES:

In the P-I district, no building or premises shall be used and no building shall be erected or structurally altered, except for one of the following or demonstrably similar purposes:

Accessory structures and uses.

Basic sector industries and businesses that sell most of the goods or services produced to buyers from outside Montana.

Marijuana grow houses and storefronts.

Organizations or agencies that serve a broad range of in state as well as out of state visitors to the Ennis area.

Tourist information centers and museums. (Ord. 131, 3-14-2002; amd. Ord. 134, 11-5-2010; Ord. 154-2023, 7-27-2023)

11-3E-3: CONDITIONAL USES:

The following uses are permitted in P-I districts subject to meeting the requirements and procedures prescribed for conditional uses:

Bus stations.

Essential services.

Hotels, motels and restaurants.

Living quarters for persons employed more than half time on premises. (Ord. 131, 3-14-2002)

11-3F-1: TND TRADITIONAL NEIGHBORHOOD DEVELOPMENT OVERLAY:

B. TND Design Parameters:

a. Acceptable alternative arrangements are made or actual needs are less for the specific proposed uses to be served, and

b. An equivalent area, suitably located with respect to access, is landscaped for subsequent conversion to parking or loading if uses are changed.

9. Access And Linkage: Maximum attention shall be given to a feature that will enhance convenient and safe and attractive pedestrian and bicycle access, both on and off site.

C. Review Procedures:

D. Other TND Provisions:

1. Zoning Standards As Guide: The zoning standards and procedures set forth in other provisions of this title may be used as a guide for TND reviews.

3. Bonding: The town commission may require a performance bond to ensure that the proposed development is completed as approved and within the time limits. (Ord. 131, 3-14-2002)