Standards applicable in some or all zoning districts are set forth in this chapter. They are designed and intended to further implementation of the goals, objectives, policies and other relevant elements of the Ennis comprehensive plan. (Ord. 131, 3-14-2002)

   A.   Purpose: The purpose of this section is to further describe the standards and conditions under which certain uses may be permitted as principal or conditional uses in specific districts. All uses listed in this section shall be subject to the specific standards described for each use, in addition to all other applicable standards that may apply. Compliance with all criteria listed below does not necessarily guarantee approval of a zoning permit.

   B.   Automotive Service Facilities: Automotive service shall include repair, washing, fueling and similar related activities.

      1.   Arterial Frontage: At least one frontage shall be on a major arterial street. (US 287 or SR 287)

      2.   Pumps And Canopies: Gas pump and pump island canopies shall be located no closer than twenty five feet (25') to any side or rear property line and shall not exceed eighteen feet (18') in height.

      3.   Screening: All on site activities except those normally performed at fuel pumps shall be performed within a completely enclosed building. Vehicles awaiting repair or that have been repaired, auto repair activities and unassembled vehicles shall be fully screened from residential zoning districts.

      4.   Body Work: Painting or body and fender work shall not be conducted unless permitted in the zoning district.

      5.   Nonautomotive Sales: Temporary sales (as distinguished from permitted mixed use retail businesses) of nonautomotive related goods and services; for example, art, food or landscaping materials shall be prohibited.

      6.   Vehicle Sales: No sale, lease or rental of trailers, trucks or similar vehicles or equipment shall be permitted except as may be specifically allowed in the zoning district.

      7.   Parking: Interior circulation areas and standing areas at pump islands shall not be used to meet minimum off street parking requirements.

      8.   Trash And Litter: The site shall be policed to remove trash and litter and waste containers shall be emptied daily.

   C.   Cemeteries:

      1.   Size: Cemeteries shall be a minimum of forty (40) acres, of which at least ten (10) acres shall be subdivided and fully developed with roads and facilities in the initial plat.

      2.   Landscaping: The entire site shall be landscaped and maintained. All disturbed portions of the site, including any grassed or otherwise planted areas shall be irrigated with an automatic watering system.

      3.   Accessory Uses: The cemetery may include accessory uses such as a chapel, a mortuary, office, a mausoleum, equipment storage or maintenance facilities incidental and essential to the operation of a cemetery.

   D.   Mini Warehouses:

      1.   Circulation And Parking Requirements:

         a.   Exits: Each mini warehouse site shall provide a minimum of two (2) exits.

         b.   Lane Widths: All one-way driveways shall provide for a twelve foot (12') travel lane and a ten foot (10') parking lane. Parking lanes may be eliminated on portions of driveways that do not serve storage units.

      2.   Marking: Traffic flow direction and parking areas shall be clearly marked.

   E.   Recreational Vehicle Park And Overnight Campgrounds:

      1.   Size: Recreational vehicle park sites shall be a minimum of ten (10) acres.

      2.   Landscaping: The entire site shall be landscaped and maintained. All disturbed portions of the site, including any grassed or otherwise planted areas shall be irrigated with an automatic watering system.

      3.   Screening: Recreational vehicle parks shall be screened with vegetation from any residential street or zoning district.

      4.   Recreation Area: At least ten percent (10%) of the total recreational vehicle park area shall be set aside, equipped and maintained for the recreational needs of those visiting the park.

      5.   Internal Circulation: Internal circulation roads shall be paved with concrete or asphalt equal to town access street standards.

      6.   Recreational Vehicle Parking Pads: Individual recreational vehicle parking pads shall be plainly marked and maintained with a dust free surface, and each pad shall be equipped with approved water and electrical connections.

      7.   Setbacks: Recreational vehicle parking pads shall be set back at least thirty feet (30') from the park perimeter and any public street right of way.

      8.   Utilities And Facilities: State approved drinking water, laundry facilities and sewage and solid waste disposal facilities shall be provided.

   F.   Stable, Commercial:

      1.   Area: Commercial stable sites shall be a minimum of ten (10) acres.

      2.   Landscaping: The entire site shall be landscaped and maintained. All disturbed portions of the site, including any grassed or otherwise planted areas but excluding corrals and performance areas, shall be irrigated with an automatic watering system.

      3.   Adjacent Residential: The proposed site shall not be adjacent to subdivided single-family residential property unless that residential property contains an equestrian easement along the contiguous boundary.

      4.   Performance Regulations: Performances or other crowd generating activities that may generate more traffic than normal to a residential area shall not be permitted unless the site has direct access from an arterial or collector street. Permission for such activities shall be obtained from the town commission. Written notification shall be provided to the zoning officer at least one month prior to the date of the activity. This notification shall describe the nature and duration of the activity; toilet and other accommodations for spectators; traffic control arrangements; and, adequate parking for cars and trailers.

      5.   Enclosures: All pasture and animal maintenance areas shall be enclosed with fences or walls a minimum of four and one-half feet (41/2') in height. The design of these enclosures shall be shown on drawings submitted with the conditional use application.

      6.   Public Health Requirements: All public health laws and laws governing appropriate care of animals shall be complied with at all times.

      7.   Dust Control: All activity areas that are not grassed shall be treated to control dust at all times.

   G.   Tennis, Racquet And Similar Clubs:

      1.   Size: Club sites shall be a minimum of three (3) acres.

      2.   Landscaping: The entire site shall be landscaped and maintained. All disturbed portions of the site, including any grassed or otherwise planted areas shall be irrigated with an automatic watering system.

      3.   Compatibility: The use shall be compatible with any adjacent residential neighborhood and shall not be detrimental to the same due to substantially increased automobile traffic or excessive noise generated from within the site.

      4.   Tournaments: Tournaments or other crowd generating activities that may generate more traffic than normal to a residential area shall not be permitted unless the site has direct access from an arterial or collector street. Permission for such activities shall be obtained from the town commission. Written notification shall be provided to the zoning officer at least one month prior to the date of the activity. This notification shall describe the nature and duration of the activity; toilet and other accommodations for spectators; traffic control arrangements; and, adequate parking.

      5.   Fencing: Fencing of outdoor courts shall not exceed sixteen feet (16') in height. Perimeter fencing may also be required.

      6.   Hours Of Operation: The town commission may control hours of operation. (Ord. 131, 3-14-2002)

   A.   Accessory Buildings, Uses And Equipment:

      1.   Accessory Building As Principal Building: An accessory building shall be interpreted to be an integral part of the principal building if it is connected to the principal building by a covered passageway or is positioned so that any of its walls are within four feet (4') of the principal structure.

      2.   Accessory Buildings Not Permitted In Front Yards: Accessory buildings, uses, or equipment shall not be stored or constructed between the front lot line and required front building line.

      3.   Height Of Accessory Buildings: Accessory buildings and garages in residential districts shall not exceed the height of the principal structure and shall not be located within a utility easement.

      4.   Detached Structures Setback Requirements:

         a.   Detached structures shall have a minimum three foot (3') side yard setback from any side property line and a six foot (6') rear yard setback from the rear property line.

         b.   A detached structure wall shall maintain a minimum four foot (4') separation from the main structure wall.

         c.   Percentage Of Yard Coverage: Accessory structures may occupy not more than fifty percent (50%) of any required rear yard.

   B.   Bicycle Provisions:

      1.   Bicycle Lanes May Be Required: Wherever new streets or roads are developed or wherever existing streets are required to be improved, the developer may be required to incorporate striped bicycle lanes into the design and construction or improvement of the streets.

      2.   Bicycle Racks Required: All development proposals subject to minor or major site plan review shall provide adequate bicycle parking facilities to accommodate residents, employees and customers of the proposed development.

   C.   Fences, Walls And Hedges:

      1.   Location: Fences, walls and hedges, in any district may be located on lot lines provided such fences, walls and hedges do not exceed eight feet (8') in height. Fences or walls exceeding eight feet (8') in height shall be subject to the minimum setback requirements of the district in which such fences are located. However, no fences, walls or hedges shall exceed four feet (4') in any corner lot side setback or front setback.

      2.   Relation To Linear Parks: Fences located in the rear yard setback of properties adjoining any public park shall have a maximum height of four feet (4').

      3.   Construction, Maintenance And Height Measurement:

         a.   Construction And Maintenance: Every fence or wall shall be constructed of substantial, suitable material. No fence or wall shall be allowed to become and remain in a condition of disrepair, damage, or unsightliness, or constitute a nuisance, public or private. Any such fence or wall that is, or has become, dangerous to the public safety, health or welfare, or has become unsightly through improper maintenance or neglect is a public nuisance and the zoning administrator shall commence proper abatement proceedings.

         b.   Barbed Wire And Electric Fences:

            (1)   Barbed wire, electric or similar type fences shall be prohibited, except in AG districts; except that barbed wire or other similar type fencing materials may be used on the top of security fences in HC and C-I districts if the barbed or electrified strands are at least eight feet (8') above the adjacent ground.

            (2)   When electrically charged fences are used, such fences shall be posted with warning signs at intervals not to exceed one hundred fifty feet (150') where such fences are adjacent to public rights of way or residential zoning districts.

         c.   Fence And Wall Height Measurement: 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. All other fence height shall be measured as height above the adjacent grade.

      4.   Screening Walls And Fences: Refer to the performance standards set forth in this chapter for specific screening provisions.

   D.   Outdoor Sales, Storage And Display:

      1.   Merchandise: Merchandise offered for sale, rental or lease to the ultimate consumer or user:

         a.   Temporary Display: If not of a type customarily sold outside a building, may be temporarily displayed and sold outside in a commercial district, but the area occupied by such display shall not exceed ten percent (10%) of the ground floor area of the building housing the principal sales area.

         b.   Permanent Display: If of a type customarily displayed for sale outdoors, such as automobiles and garden supplies, shall not use in excess of seventy five percent (75%) of the total lot area and shall be subject to the screening requirements set forth in the performance standards of this chapter 1 .

         c.   No Use Of Yard: Permanent display activities shall not be conducted within any required setback space or parking area.

      2.   Vehicles And Equipment:

         a.   Screening: All areas designated for vehicle, equipment and materials storage shall be screened per the performance standards set forth in this chapter.

         b.   Surface: Such areas need not be paved but shall be treated to control dust and shall meet all storm water management requirements.

         c.   No Use Of Yard: Vehicle, equipment and materials storage shall not be conducted within any required setback space or parking area.

   E.   Recreational Vehicle On Residential Lot: A recreational vehicle shall not be located on a residential lot outside of any approved mobile home park, except that:

      1.   Recreational Vehicle Storage: Only one recreational vehicle may be stored on a single-family homesite. One recreational vehicle per dwelling unit may be stored on a multi-family homesite but only as approved pursuant to zoning review. In no event shall living quarters be maintained or any business practiced in the recreational vehicle while stored.

      2.   Temporary Use Permit: Temporary use permits, not to exceed one year in duration, may be granted by the town commission for occupying such recreational vehicle or manufactured home during construction or reconstruction of a single- or two-family dwelling.

   F.   Setback And Height Encroachments:

      1.   Permitted Setback Encroachments: The following encroachments into required yards shall be permitted:

         a.   Architectural features such as porches, covered terraces, and covered decks, chimneys, balconies, stairways, wing walls, bay windows, sills, pilasters, lintels, cornices, eaves, gutters, awnings, and steps, provided such architectural features do not extend more than five feet (5') into any required yard;

         b.   Terraces and patios, uncovered decks and stoops, or similar features, provided that such features shall not extend above the height of the ground floor level of the principal structure nor more than five feet (5') into any required setback;

         c.   Fire escapes may be permitted in required side or rear yards only;

         d.   Wheelchair ramps may encroach into any required yard, but shall not be located closer than three feet (3') from any property line; and

         e.   Flagpoles, ornamental features, trees, shrubs, walkways, nameplate signs, and lights.

      2.   Zero Lot Line Conditions: Where an individual owns two (2) adjoining lots or where the owners of two (2) adjoining lots make legal written agreement, a zero lot line concept may be used for single-family dwelling unit development. This may result in the creation of a two-family residential structure, only in districts permitting such structure, or the creation of townhouse clusters in districts permitting such structure. In all cases a minimum ten foot (10') side yard shall be maintained adjacent to the exterior side, or nonzero lot line side, of the structure.

      3.   Special Setback Requirements:

         a.   The corner lot side setback for any corner lot not located on an arterial street shall be equal to the adjacent side yard of the adjacent lot.

         b.   A twenty five foot (25') corner lot side or front setback shall be provided on all arterial streets.

      4.   Watercourse Setbacks: No newly constructed structure, addition to an existing structure, parking lot or similar improvements shall be located closer than fifteen feet (15') to the mean high water mark of a watercourse. For the purpose of this subsection, the "mean high water mark" shall be defined as the line that the water marks on the soil by covering it for sufficient periods to deprive it of vegetation. A minimum of five feet (5') of the required fifteen foot (15') setback immediately adjacent to the watercourse shall be left in a natural vegetative state. The foregoing provisions shall in no way invalidate the provisions set forth in the floodplain overlay district of this title and/or the minimum setback of five hundred feet (500') from the Madison River established for all new land subdivisions reviewed under the provisions of the town subdivision regulations.

      5.   Height Limitation Exceptions:

         a.   Nonspecific Exemptions: No building, or part thereof, or structure shall be erected, reconstructed, or structurally altered to exceed in height the limit herein designated for the district in which such building is located, except as may be specifically authorized as an approved condition of a traditional neighborhood development. Such approved condition must include the recommendation of the town fire chief. (Ord. 131, 3-14-2002)

         b.   Specific Exemptions:

            (1)   Height limitations shall not apply to church spires, belfries; monuments, chimneys; public utility facilities; transmission towers of commercial and private radio broadcasting stations; television antennas; parapet walls. Wind turbines/windmills and solar collector panels must be submitted for conditional use permit. (Ord. 131, 3-14-2002; amd. per motion dated 3-12-2009)

            (2)   Public and semipublic buildings containing auditoriums or large assembly spaces may exceed height limitations, provided that for each foot of height such building exceeds the maximum height permitted in the district, its side and rear setbacks shall be increased by an additional foot over the setbacks required in the district.

   G.   Street Vision Triangle: The area of unobstructed vision across property lines outside the rights of way of streets and/or alleys shall be as follows:

      1.   Streets: On corner lots in all districts, no fence, wall or planting in excess of thirty inches (30") above the street centerline grade shall be permitted within a triangular area defined as follows: Beginning at the intersection of the property lines, twenty five feet (25') along one property line, then diagonally to a point on the intersecting property line a distance of twenty five feet (25') from the property line intersection, then to the point of beginning.

      2.   Driveways And Alleys: On corner lots in all districts, no fence, wall or planting in excess of thirty inches (30") above the street centerline grades shall be permitted within a triangular area defined as follows: Beginning at the intersection of the projected curb lines of an alley or driveway with a street, thence fifteen feet (15') along one drive path, thence diagonally to a point fifteen feet (15') from the point of beginning on the other drive path, then to the point of beginning.

      3.   Provision For Trees In Street Vision Triangle:

         a.   Single stem canopy trees may be permitted in street vision triangles as described in this section, provided that mature trees do not significantly affect safe driving conditions and are maintained such that no canopy foliage exists below a height of ten feet (10') above centerline of intersecting streets.

         b.   Trees which are located in the street vision triangle and which preexisted the adoption of this title may be allowed to remain, provided the trees are trimmed such that no limbs or foliage exist below a height of ten feet (10') above centerline grades of intersecting streets.

   H.   Swimming Pools, Public And Private:

      1.   Location: A swimming pool shall not be located in any required front yard area in any zoning district; however, if not more than two feet (2') in height above the adjacent grade, a swimming pool may be located within a required side or rear yard area.

      2.   Security: All swimming pools shall be:

         a.   Entirely enclosed by a childproof fence or wall not less than forty two inches (42") in height. Gates or doors shall have automatic, childproof closure and locking mechanisms, or

         b.   Have a secure, locking hard cover.

   I.   Unfinished Structures Use: No cellar, basement, garage, tent, tepee, recreational vehicle, accessory structure, vehicle or any other type of structure not meeting acceptable health and sanitation requirements shall at any time be used as a dwelling unit.

   J.   Water And Sanitary Sewer System Requirements:

      1.   Central Facilities Required: Central water distribution and central sanitary sewer collection systems shall be provided to all building lots or building sites created inside the town limits, except for those lying within AG or R-RD zoning districts. Such systems shall be in place prior to the issuance of any building permits on such lots or sites. Each building site must utilize and be connected to both the Ennis central water distribution and central sanitary sewer collection systems.

      2.   Design Standards: These improvements shall be designed, constructed and installed according to the standards and criteria adopted by the state of Montana, Madison County or the town.

   K.   Storm Drainage Design, Criteria: All land development and construction activities shall comply with the town of Ennis storm drainage design policy. (Ord. 131, 3-14-2002)

   A.   Intent: To cause the design, development, construction and maintenance of this specialized type of housing to be executed in a manner that will be in accord with the relevant goals, objectives and policies of the comprehensive plan.

   B.   Permitted Uses:

Daycare homes, family.

Daycare homes, group.

Manufactured home parks on sites of not less than five (5) acres, with a minimum of forty (40) spaces.

Public parks.

   C.   Conditional Uses:

Churches.

Daycare centers.

Essential services.

Golf courses.

Public buildings.

Temporary sales and office buildings.

   D.   Accessory Uses:

Accessory buildings and uses customarily incidental thereto.

Fences.

Home occupations.

Other Structures: Other buildings and structures customarily accessory to manufactured home development.

Pools, tennis courts, spas and recreational equipment storage areas for park residents and guests only.

Private garages.

Recreation facilities, including private or jointly owned community center facilities.

Recreational vehicle and boat storage areas for park residents only.

Temporary buildings and yards incidental to construction work.

Tool sheds, for storage of domestic supplies.

   E.   Additional Buildings And Operation Standards: Development of any parcel of land as a manufactured home park shall be subject to all applicable requirements of this title. In addition, manufactured home parks will be subject to the following general requirements:

      1.   Plumbing And Electrical Requirements: All manufactured home parks shall comply with Montana state department of health regulations or any amendments thereto concerning plumbing and electrical requirements.

      2.   Lot Improvements: Every manufactured home space and common area shall be:

         a.   Connected to central utilities: Permanently connected to electric power, water supply, sewage disposal, gas and telephone service lines in compliance with applicable town codes.

         b.   Provided foundations and anchoring to an approved foundation.

         c.   Maintained as follows:

            (1)   There shall be no exposed outdoor storage of furniture (except lawn furniture), household goods, tools, equipment, or building materials or supplies.

            (2)   No manufactured home may be parked on a public or private street for more than twenty four (24) hours.

            (3)   An abandoned, burned or wrecked manufactured home must be secured against entry as directed by the zoning administrator and may not be kept on a space for more than forty five (45) days.

            (4)   Each manufactured home must bear an insignia which attests that the construction of the home meets regulation A119.1 of the American national standards institute (adopted by the U.S. department of housing and urban development). Alternatively, each manufactured home must be certified as meeting the mobile home construction and safety standards of the U.S. department of housing and urban development.

            (5)   Standard manufactured home skirting must be provided around the entire perimeter of the mobile home between the bottom of the body of the mobile home and the ground, except where the running gear has been removed and the home itself is attached directly to a permanent perimeter foundation.

            (6)   All exterior yard spaces shall be fully landscaped, irrigated and appropriately maintained.

            (7)   All private, commonly owned recreation areas not devoted to buildings, structures, surfaced courts, sandboxes, etc. shall be landscaped and irrigated.

      3.   Subject To Permitting And Inspection As Follows:

         a.   Move In Permit Required: All manufactured homes moved into the zoning jurisdiction must receive a move in permit, pursuant to this section, and be inspected by the zoning administrator, prior to gas and electric service being turned on by the servicing utility. Copies of the original sales contract shall be available for permit informational purposes.

         b.   Inspection Required:

            (1)   The required inspections for manufactured home parks shall include on site utilities including gas, electric, sewer and water together with setback, landscaping and off street parking requirements.

            (2)   It is unlawful for any person, firm, corporation or agency to turn on, or allow to be turned on, any gas or electric service without an inspection and clearance from the zoning administrator.

         c.   Nonmanufactured Home Improvements Subject To State Of Montana Commercial Construction: Zoning permits must be obtained for additions, alterations, canopies, carports, storage areas and detached refrigeration units that were not included in the original sale of the manufactured home unit.

         d.   Owner's Responsibility: It shall be the responsibility of the individual property owners or, in the case of a rental manufactured home park, the managers of rental parks to see that all property complies with applicable sections of this chapter. This responsibility shall include meeting all requirements relative to placement of manufactured homes and providing proof that all required permits have been secured and are current. (Ord. 131, 3-14-2002)

   A.   Purpose: Performance standards are designed to assure acceptability and compatibility of business and industrial uses with surrounding properties. These standards shall apply in the L-CR, C-CR, HC, C-I and P-I zoning districts. To further the goals and policies established in the Ennis comprehensive plan, property owners will promote the restoration and rehabilitation of existing structures, construct new buildings and preserve or construct other elements that contribute to the small, western town character of the town's downtown core area and older residential neighborhoods.

   B.   Glare And Lighting:

      1.   Deflection: Any lighting used to illuminate an off street parking areas, sign, or other structure, shall be arranged so as to deflect light down and/or away from any adjoining properties and shall not detract from drive visibility on adjacent streets. In addition, all lighting (except for security purposes) shall be turned off between eleven o'clock (11:00) P.M. and six o'clock (6:00) A.M. Exceptions may be granted to those businesses that are operating during these hours.

      2.   Light Standards: Lighting standards used to illuminate off street parking areas shall not exceed twenty feet (20') or the height of the tallest building on the lot, whichever is lower. All light standards and light heads shall be equipped with cut off light deflectors or other equipment that directs the light downward and inhibits lateral glare.

   C.   Surface Water Ponding: Natural ponding areas shall be retained as much as possible or, if necessary, enlarged or modified as directed by the zoning administrator to restrict the off site runoff, subject to city or county subdivision requirements for storm water runoff control and the town's storm water drainage requirements.

   D.   Screening:

      1.   Material, Height And Visibility: Screening, when required by this title, shall be accomplished by a one hundred percent (100%) opaque wall or fence or by a dense conifer hedge not less than six feet (6') tall. All portions of areas subject to the screening requirements of this chapter shall be effectively screened from view from neighboring properties and/or public rights of way within one thousand feet (1,000') of the screened area.

      2.   Wall Or Fence: If a wall or fence is to be used it must be constructed of durable material and maintained in good condition at all times. Trees, shrubs or other forms of intermittent landscaping, served by automatic irrigation systems, shall be placed in front of the fence or wall and maintained in good condition at all times.

      3.   Vegetative Screening: Vegetative screening, served by automatic irrigation systems, shall be composed of conifer plant materials that shall effectively form, within two (2) seasons after planting, an opaque screen not less than six feet (6') tall. Vegetative screening shall be maintained in good condition at all times.

   E.   Trash, Garbage Or Yard Waste Incineration And Enclosures:

      1.   Incineration: No exterior incineration of trash, yard waste or garbage is permissible 1 .

      2.   Trash Enclosures: A permanent enclosure for temporary storage of garbage, refuse and other waste materials shall be provided for every use, other than single-family dwellings or duplexes, in every zoning district. Trash enclosures shall be constructed so that contents are not visible from a height of five feet (5') above grade from any abutting street or property. Trash enclosures shall comply with the following regulations:

         a.   Location: Trash enclosures, surrounding standard steel bins (dumpsters), shall be located on the site for convenient pick up service, and the location shall be shown on required site plans. Trash enclosures shall not be located in required front yards, and shall be conveniently situated in order that the containers can readily lifted by sanitation vehicle equipment. The location of all trash enclosures shall be subject to review and approval by the zoning administrator.

         b.   Construction: Trash enclosures shall be constructed of solid or ornamental pierced masonry walls or other appropriate materials, with a solid concrete floor sloped for drainage and maintenance of sanitary conditions. Enclosures shall be architecturally compatible with the principle structure. Enclosures shall be of sufficient height to conceal contents, including containers, but in no case shall be less than four feet (4') in height above grade.

   F.   Smoke, Dust And Other Particulate Matter: The emission of smoke, from any point source shall not exceed a density greater than that described in number 2 ring of the Ringelmann chart as published by the U.S. bureau of mines. Dirt, dust, fly ash and other forms of particulate matter shall not be emitted beyond the property lines of the use creating the particulate matter.

   G.   Bulk Storage (Liquid): All uses associated with bulk storage of all gasoline, liquid fertilizer, chemicals, flammable and similar liquids shall comply with uniform building and fire code requirements and any county or state regulations.

   H.   Water Quality, Hazardous Wastes And Wastewater: Discharge of hazardous waste, chemicals and wastewater will be subject to Montana department of health and environmental science standards. But in no case shall any hazardous waste chemicals or wastewater be discharged into any perennial stream within the town or its zoning jurisdiction.

   I.   Odors And Toxic Gases:

      1.   Distance Perceptible: The emission of odors shall be controlled such that objectionable or offensive odors are not perceptible beyond the property lines of the use creating the odors.

      2.   No Noxious Fumes: No toxic, noxious, or corrosive fumes or gases shall be emitted beyond the property lines of the use creating such fumes or gases.

   J.   Vibrations: No ground vibrations, except for those only perceptible with the use of instruments, shall be permitted beyond the property lines of the use generating the ground vibrations.

   K.   Electrical Disturbance: No activity shall be permitted which causes electrical disturbances affecting the operation of any equipment located beyond the property line of the activity.

   L.   Glare And Heat: Any use producing intense glare or heat shall be conducted so that the glare is effectively screened from view at any point on the lot line of the lot in which the use is located. Any heat will be dissipated so that it is not perceptible without instruments at any point on the lot line of the lot on which the use is located.

   M.   Fire And Explosive Hazards: Any use or activity involving the use or storage of combustible, flammable or explosive materials shall be in compliance with the uniform fire code adopted by the town. Burning of waste materials in open fires is prohibited.

   N.   Liquid Or Solid Waste: No materials, compounds or chemicals which can contaminate any water supply, interfere with bacterial processes in sewage treatment or otherwise cause emissions of elements which are offensive or hazardous to the public health, safety, welfare or comfort shall be discharged at any point into any public sewer, private sewage disposal system or stream. Nor may any such substance be discharged onto or into the ground, except in accordance with town requirements and standards approved by the Montana state department of environmental quality or such governmental agency as may have jurisdiction over such activities.

   O.   Fissionable, Radioactivity Or Electromagnetic Disturbance: No activities shall be permitted which utilize fissionable or radioactive materials, if, at any time, their use results in the release or emission of any fissionable or radioactive material into the atmosphere, ground or sewage system. No activities or devices shall be permitted which at any time emit radio frequency energy affecting any activity or the operation of any equipment beyond the site property line. Radio frequency energy shall be considered as being electromagnetic energy at any frequency in the radio spectrum between ten (10) kilocycles and three million (3,000,000) megacycles.

   P.   Trash, Debris And Weed Control: All properties shall be maintained free of trash and debris and grasses or weeds shall not be permitted to exceed eighteen inches (18") in height. All properties shall be kept free of noxious weeds and shall be subject to the requirements of the Madison County weed control board. (Ord. 131, 3-14-2002; amd. Ord. 145, 5-12-2022)

   A.   General: A home occupation is a use that is considered accessory to a dwelling unit. One or more persons, all but one of who shall reside within the dwelling unit, may conduct a home occupation. The use shall be clearly incidental and secondary to the use of the dwelling for residence purposes and shall not change the character thereof or adversely affect the uses permitted in the residential district of which it is a part. When a use is a home occupation, it means that the owner, lessee, or other persons who have a legal right to the use of the dwelling unit also have the vested right to conduct the home occupation without securing special permission to do so. However, such person shall be subject to all conditions set forth in this title and to all other permits and business licenses and shall obtain a zoning permit before establishing such home occupation.

   B.   Purpose Of Provisions: It is the intent of this section to eliminate as home occupations all uses except those that conform to the standards set forth in this section. In general, a home occupation is an accessory use so located and conducted that the average neighbor, under normal circumstance, would not be aware of its existence. The standards for home occupations included in this section are intended to ensure compatibility with other permitted uses and with the residential character of the neighborhood. A clearly secondary or incidental status in relation to the residential use of the main building is the criteria for determining whether a proposed accessory use qualifies as a home occupation.

   C.   Necessary Conditions: Home occupations are permitted accessory uses in residential districts only so long as all the following conditions are observed:

      1.   One Full Time Employee: No more than one full time employee may be employed in the residence other than resident and domestic help;

      2.   Percent Of Use: No more than thirty percent (30%) of the gross area of all structures shall be used for such purpose;

      3.   Limited Alterations: No use shall require internal or external alterations or involve construction features or the use of electrical or mechanical equipment that would change the fire rating of the structure;

      4.   Outside Storage: There shall be no outside storage of any kind related to the home occupation;

      5.   Traffic And Parking: The use may increase vehicular traffic flow and parking by no more than two (2) additional vehicles at a time and no commercial trucks larger than a three-fourth (3/4) ton pickup shall be parked overnight;

      6.   Performance Standards: No use shall create noise, dust, vibration, smell, smoke, glare, electrical interference, fire hazard, or any other hazard or nuisance to any greater or more frequent extent than that usually experienced in an average residential occupancy in the district in question under normal circumstances.

   D.   Complaints: Complaints by abutting residents living within the zoning jurisdiction may be cause for termination of the home occupation. However, should such complaint be filed, the operator is entitled to an appeal to the town commission for a hearing. The town commission shall determine whether or not the filed complaint identifies sufficient violation of this title to warrant termination or modification of the home occupation. (Ord. 131, 3-14-2002)

   A.   Existing Structures And Uses: Any structure or use lawfully existing upon the effective date hereof, may be continued at the size and in the manner of operation existing upon such date.

   B.   Termination: The right to operate and maintain a nonconforming use shall terminate when the structure or structures housing such use are removed, razed or damaged to an extent of fifty percent (50%) of the structure's fair market value, as determined by the last equalized assessment roll of the county. However, restoration of the damaged structure must meet the following criteria: electric, plumbing, etc., (state codes). Replacement structures must not be higher or larger than the original structure. A zoning permit must be obtained to restore nonconforming structures pursuant to section 11-1-8 of this title.

   C.   Change To A Conforming Use: When any lawful nonconforming use of any structure or land in any district has been changed to a conforming use, it shall not thereafter be changed to any nonconforming use.

   D.   Discontinuance For Ninety Days: Whenever a lawful nonconforming use of a building or structure or land is discontinued for a period of ninety (90) days, any future use of the building or structure or land shall be in conformity with the provisions of this title.

   E.   Normal Maintenance Permitted: Normal maintenance of a building or other structure containing or related to a lawful nonconforming use is permitted, including necessary structural repairs, provided such structural repairs do not enlarge or intensify the nonconforming use.

   F.   Change Of Use:

      1.   Change To Another Use: A lawful nonconforming use shall not be changed except in conformance with the use requirements of the zone in which it is located. Except, however, a lawful nonconforming use may be changed to another nonconforming use, provided that a conditional use permit is obtained from the town commission.

      2.   Change By Conditional Use Permit: To approve the conditional use permit, the town commission shall determine that the proposed nonconforming use is more appropriate to the district than the existing nonconforming use, and that no unsafe or unhealthy conditions are perpetuated. In making such determination, the commission shall weigh the following criteria:

         a.   The degree of compliance with the adopted comprehensive plan and this title;

         b.   Traffic impacts, both on site and off site;

         c.   Off street parking and loading requirements;

         d.   The visual impact on the surrounding area;

         e.   The level of conflict with other uses in the surrounding area;

         f.   The presence of other nonconformities in the surrounding area;

         g.   The degree to which any existing unsafe or hazardous conditions would be mitigated;

         h.   The suitability of the subject structure(s); and

         i.   On site and off site impacts from noise, dust, smoke, surface or ground water contamination, or other environmental impacts.

   G.   Nonconforming Dwelling Units: The maintenance and reconstruction of existing nonconforming residential dwelling units is allowed, in compliance with applicable fire and building codes, including expansion of up to twenty percent (20%) of the existing dwelling unit, as long as the number of dwelling units on the lot is not increased.

   H.   Use Of Existing Nonconforming Lots: At the time of the enactment of this title, if any owner of a plot of land consisting of one or more adjacent lots in a subdivision of record does not own sufficient land within the lot of record to:

      1.   Enable him/her to conform to the minimum lot size requirements, or

      2.   Does not have sufficient lot width to conform to the minimum lot width requirements.

      3.   Such plot of land may nevertheless be used as a building site.

   I.   Expansion Of Nonconforming Use: Only by obtaining a conditional use permit from the town commission may an owner expand a lawful nonconforming use. In considering the appropriateness of the conditional use permit application, the commission shall weigh the criteria set forth in the change of use provision of this section. In addition, the commission shall consider the expansion to be reasonable, natural and incidental to the growth and use of an existing business. In general, proposals to expand nonconforming uses shall not be approved if the expansion would encompass new land or property that was not in use at the time of the enactment hereof of zoning or a change in zoning. (Ord. 131, 3-14-2002)

   A.   Generally: Uses permitted subject to a special temporary use permit are those temporary uses which are required for the proper function of the community or are temporarily required in the process of establishing a permitted use, or constructing a public facility. Such uses shall be so conducted that they will not be detrimental in any way to the surrounding properties or to the community. Uses permitted subject to a special temporary use permit may include:

      1.   Carnivals, circuses, special events of not over seventy two (72) consecutive hours;

      2.   Swap meets;

      3.   Tent revival meetings;

      4.   Such other uses as the zoning administrator may deem to be within the intent and purpose of this section.

   B.   Application And Filing Fee: A property owner or his authorized agent may make application to the zoning administrator for a special temporary use permit. The zoning administrator shall collect a filing fee sufficient to cover each vendor covered by such application, as provided in chapter 1 of this title. The zoning administrator may also require any information deemed necessary to support the approval of a special temporary use permit, including site plans required.

      1.   Decision: Special temporary use permit applications shall be reviewed, approved, conditionally approved or denied by the zoning administrator. Approval or conditional approval shall be given only when in the judgment of the zoning administrator such approval is within the intent and purposes of this title.

      2.   Conditions: In approving such a permit, the approval shall be made subject to a time limit and other conditions deemed necessary to assure that there will be no adverse effect upon adjacent properties. Such conditions may include the following:

         a.   Regulation of parking;

         b.   Regulation of hours;

         c.   Regulation of noise;

         d.   Regulation of lights;

         e.   Requirement of bonds or other guarantees for cleanup or removal of structure or equipment;

         f.   Such other conditions deemed necessary to carry out the intent and purpose of this section. (Ord. 131, 3-14-2002)

   A.   Purpose And Intent: Land development and construction altars the natural topography and vegetation. It usually creates impervious cover that accelerates storm water runoff, erosion and sedimentation. These conditions negatively effect the ecological balance of both the parcel being developed and the surrounding area. The economic base and quality of life of the Ennis region is to a large extent dependent upon the condition and appearance of the area's natural and built environment. It must be protected through preservation and enhancement. These landscaping provisions are intended to help accomplish this objective and to serve the following specific purposes:

      1.   Comprehensive Plan: To positively implement the letter and intent of the goals, objectives, policies and specific relevant provisions of the town's adopted comprehensive plan.

      2.   Stabilize Ecological Balance: To aid in stabilizing the environment's ecological balance by contributing to the process of air purification, oxygen regeneration, ground water recharge and storm water runoff retardation, while at the same time aiding in noise, glare and heat abatement.

      3.   Provide Visual Buffering: To provide visual buffering between land uses of differing character.

      4.   Enhance Area Attractiveness: To enhance the attractiveness of the zoning jurisdiction of the town.

      5.   Protect Character And Stability: To protect the character and stability of residential, business, institutional and industrial areas.

      6.   Preserve Property Values: To preserve the value of land and buildings.

      7.   Conserve Energy: To conserve energy.

   B.   Interpretation And Scope:

      1.   Applicability: The provisions of this Section shall apply to a lot or site within the L-CR, C-CR, HC, C-I and P-I zoning districts when an application is submitted for site plan approval or a zoning permit:

      2.   Exceptions: Notwithstanding subsection B1 of this section, these provisions shall not apply to the following:

         a.   Lots or sites within a traditional neighborhood development (TND) that has been approved with its own landscape plan.

         b.   Lots included in a conditional use permit (CUP) or zoning variance proceeding approved with its own landscape plan.

   C.   General Landscaping Provisions:

      1.   Landscape Plan Review:

         a.   The applicant shall submit a landscape plan meeting the requirements set forth in the form in section 11-5-7 of this title to the zoning administrator. The zoning administrator will review the landscaping plan for completeness and conformance with the landscaping standards of this section, when the landscaping plan, other required plans and a zoning permit application have been submitted and conform to the requirements of this title, a permit for construction shall be issued. Variances from this landscaping section shall be considered as a code variance and shall follow variance procedures outlined in chapter 1 of this title.

         b.   All landscape plans must comply with the mandatory landscape provisions as well as other relevant provisions of this section.

      2.   Mandatory Landscaping Provisions:

         a.   Yard Landscaping Required: For all uses, unless otherwise provided by specific approval through design review procedures, all front, side, and rear yards, exclusive of permitted access drives, parking lots, and accessory structures, shall be landscaped as specified in this section. All landscaped areas shall be perpetually maintained in a healthy condition.

(1) All development subject to this section shall provide a minimum of ten percent (10%) of the lot area for landscaping, less the square footage of the building footprint. At least fifty percent (50%) of this landscaping must be placed adjacent to the public right of way, excluding alleys. These provisions are separate, exclusive and in addition to the other standards of this section.

(2) All required landscaping or landscaped areas shall contain at least seventy five percent (75%) organic, living landscaping material. A maximum of twenty five percent (25%) of the landscaped area may contain nonliving, decorative landscaping materials.

(3) Applicants for landscaping plan approval shall consider using berms, swales, ornamental trees or shrubs to provide contour and relief within the landscaped area.

         b.   Screening: Screening may be required between existing and/or future residential and nonresidential uses, nonresidential uses of differing character and public roads. Screening requirements are set forth in the performance standards in subsection 11-5-D of this title.

         c.   Parking Lot Landscaping:

(1) For purposes of defining parking lot landscaping requirements, the term "parking lot" means the area within the perimeter of the paved portion of the parking lot, including driving aisles but not including access drives.

(2) All surface parking lots on the building site or artificial lot, whichever is applicable, shall be landscaped in accordance with the following paragraphs which describe landscaping requirements in addition to the yard landscaping requirements for the site:

   (A) Parking Lot Screening Required:

(i) All parking lots located on a lot with a residential adjacency must be screened from that residential adjacency.

(ii) All parking lots located between a principal structure and a public street, except in HC and C-I districts must be screened from the public street.

(iii) The screening required under paragraphs (i) and (ii) above shall be not less than eight feet (8') in width and shall be maintained at a height of four feet (4') to six feet (6'), except as otherwise restricted by fence and hedge limits within required front yards and sight triangles.

   (B) Additionally, any parking lot providing fifteen (15) or more parking spaces shall have a minimum of twenty (20) square feet of landscape area within the parking lot for each off street parking space in the lot provided as follows:

(i) Wherever possible, the interior parking lot landscaping shall be designed to facilitate, control and denote proper vehicular circulation patterns.

(ii) Internal parking lot landscaping that shall be proportionately dispersed so as to define aisles and limit unbroken rows of parking to a maximum of one hundred feet (100'), with landscaped areas provided in an appropriate scale to the size of the parking lot.

(iii) The minimum width and/or length of any parking lot landscaped areas shall be eight feet (8').

         d.   Screening Of Off Street Loading Spaces:

(1) All off street loading spaces on a lot with residential adjacency shall be screened from that adjacency.

(2) In all districts except C-CR district, all off street loading spaces on a lot must be screened from all public streets adjacent to that lot.

         e.   Street Median Island Landscaping: All street median islands approved through a plan review process shall be landscaped according to requirements determined through the plan review process.

         f.   Protection Of Landscape Areas:

(1) Parking lot curbs or wheel stops shall be installed to protect landscape areas adjacent to parking lots.

(2) Landscape areas within parking lots (i.e., landscape islands or peninsulas) must be protected from vehicular traffic through the use of permanent barriers approved by the zoning administrator.

   D.   Landscaping Of Public Lands: Maintenance of landscaping installed within the boulevard portion of the public right of way, with the exception of tree trimming and tree removal, shall be the responsibility of adjacent property owners. The town will maintain other required landscaping within the public rights of way or on other public lands installed in accordance with approved site plans.

   E.   General Maintenance:

      1.   Landscape Maintenance: Landscaping must be maintained in a healthy, growing condition at all times.

      2.   Utility Line Damage: Any damage to utility lines resulting from the negligence of the property owner or his agents or employees in the installation and maintenance of required landscaping in a utility easement is the responsibility of the property owner. If a public utility disturbs a landscaped area in a utility easement, it shall make every reasonable effort to preserve the landscaping materials and return them to their prior locations after work is completed. (Ord. 131, 3-14-2002)

   A.   Intent And Purpose: The intent of this section is to supplement on street parking, with safe, convenient, properly designed and well landscaped off street parking that will help fulfill the goals, objectives and policies of the adopted comprehensive plan. The purpose of these requirements is to set forth certain minimum requirements that may, pursuant to certain review procedures set forth in this title, serve as flexible guidelines for application to specific circumstances.

   B.   Minimum Design And Improvement Standards; Angle Parking:

      1.   Stall, Aisle And Driveway:

         a.   Parking stall dimensions - for sixty (60) or ninety degree (90°) angle parking:

 

 

         b.   Parking aisle and driveway dimensions:

 

 

      2.   Backing Into Public Rights Of Way: Backing into the public street from a private parking lot, other than an alley, is prohibited except in the case of one-, two- and three-family dwellings and individual townhouse units fronting on streets not designated as arterial streets in the comprehensive plan (US 287 and SR 287).

      3.   Surfacing: Except for single-family development on individual lots, all areas intended to be utilized for permanent parking space and driveways shall be paved with concrete, asphalt or approved pavers to control dust and erosion. However, paving shall not be required for permitted and conditional uses in the AG and R-RD zoning districts when all the following circumstances exist:

         a.   The use is required to provide fewer than fifteen (15) parking spaces and no loading spaces under the provisions of this section;

         b.   The lot or tract on which the use is located is not adjacent to a paved street or road; and

         c.   The applicant shall enter into an improvement agreement with the town agreeing that the lot shall be paved within nine (9) months of the time an adjacent roadway is paved.

      4.   Parking Lot Curbing: Except for one-, two- and three-family dwellings and individual townhouse units, all off street parking areas and driving accessways shall be enclosed by a six inch by six inch (6" x 6") poured concrete perimeter curb built according to standards provided by the zoning administrator. Concrete pindown wheel stops may be permitted as an alternative to continuous concrete curbing in front of parking spaces that front on the perimeter of the parking lot. However, continuous concrete curbing as described above shall be provided in all situations where deemed necessary by the zoning administrator to assure pedestrian safety, control drainage and prevent vehicular movement damaging to landscaping. Alternative perimeter treatment may be permitted adjacent to snow storage areas if approved by the zoning administrator.

      5.   Striping: Except for one- to three-family dwellings and individual townhouse units, all parking stalls shall be marked with painted lines not less than four inches (4") wide.

      6.   Protruding Vehicles: All on site parking stalls which abut property lines shall be designed and constructed such that parked vehicles shall not protrude over property lines and/or sidewalks.

      7.   Storm Water Management: All proposed parking area and driveway improvements require grading, drainage and storm water management plans. Storm water shall be directed into landscaped detention/retention and water quality improvement facilities as required by the storm water management ordinance.

      8.   Snow Removal Storage Areas: Snow removal storage areas shall be provided on site sufficient to store snow accumulation. Such areas shall be designed and constructed to assure:

         a.   Safe ingress and egress to the parking area;

         b.   Prevent snow from being deposited on public rights of way and public or private walks, trails and access driveways;

         c.   Protection of all landscaping;

         d.   The resultant storm water runoff will be directed into landscaped and approved water management facilities.

      9.   Lighting: Any lighting used to illuminate an off street parking area shall not exceed twenty feet (20') in height and be so arranged and hooded as to reflect light down and/or away from adjoining property, abutting residential uses and public rights of way.

      10.   Parking And Stacking For Drive In/Drive Through Facilities: Required parking and stacking spaces for waiting automobiles shall be determined by the zoning administrator as a part of site plan review procedures. Such facilities shall be designed to assure pedestrian and vehicular safety and to facilitate on site and off site vehicular circulation.

      11.   Stacking Of Off Street Parking Spaces: Required parking spaces shall be located so as to preclude stacking of off street parking spaces, with the exception of single-family dwellings and individual townhouse units, and duplexes with physically separated individual driveways.

      12.   No Parking Permitted In Required Front Or Side Yards: Parking spaces shall not be located in any required front or side yard, except that detached single-family dwellings and duplexes may have one space located within a driveway area in the required side yard behind the front yard building line.

      13.   Ownership/Leasehold: Required parking lots shall be owned or leased by the owner or lessee of the building or use being served by such parking. Such parking lots shall be maintained as a parking lot so long as the building and/or use served is in operation or until another approved parking area is established for such building or use.

      14.   Maintenance: It shall be the joint and separate responsibility of the lessee and owner of the principal use, uses or building to maintain in a neat and adequate manner, the parking space, accessways, striping, landscaping and required fences or screening.

      15.   Use Of Required Parking Areas for Parking Only: Required off street parking spaces in any district shall not be utilized for open storage, sale or rental of goods, storage of inoperable vehicles, except where permitted as a temporary use or if designed as part of an approved traditional neighborhood development.

      16.   Number Of Spaces: The following number of off street, paved parking spaces shall be provided and maintained by ownership, easement and/or lease for and during the life of the respective uses. Mixed uses, for example motel/restaurant/meeting room facilities, shall provide space to accommodate each use, less effective multiple use, of allocated parking stalls. All site plans submitted for permit purposes shall identify parking space allocations.

 

 

 

(1) Disabled parking spaces shall be provided subject to federal standards enumerated in the Americans with disabilities act (ADA) dated January 26, 1992, and federal standard 795, (uniform federal accessibility standards) dated April 1, 1988, chapter 4 (accessible elements and spaces: scope and technical requirements).

(2) All parking facilities shall be subject to current uniform building code guidelines for accessibility and shall contain a minimum number of disabled accessible parking spaces as set forth in the table below:

 

(3) One in every eight (8) accessible spaces shall have an aisle eight feet (8') wide (rather than 5 feet) and shall be signed "van accessible". Accessible spaces shall be located as near as practical to a primary entrance(s) and shall be designated as those spaces closest to the primary entrance(s) to a facility. Parking spaces and access aisles shall be level, with slopes not exceeding 1:50 in all directions, and shall be maintained in an ice and snow free condition.

(4) All accessible parking spaces shall be designated as reserved for disabled persons by a sign showing the symbol of accessibility at each space. A vehicle parking in the space shall not obscure such signs. Signs and symbols painted on the pavement, as the only means of identification, do not meet this requirement. Raised signs shall be located at a distance no greater than five feet (5') from the front of each accessible space and shall be subject to review and approval by the zoning administrator.

(5) Provision of an accessible path of travel from each disabled accessible parking space to the entrance of the facility shall include ramped access where necessary and an unencumbered minimum three foot (3') wide walk, sidewalk or ramps. The accessible path of travel shall be paved, smooth surface, free of defects or design features that would restrict, inhibit or unreasonably impede the movement of a physically disabled individual. The least possible slope shall be used for any ramp. The maximum slope of a ramp in new construction shall be 1:12, cross slope shall not exceed one-fourth inch (1/4") per foot. The maximum rise for any run shall be thirty inches (30") (760 millimeters).

(6) Exceptions: Residences containing three (3) or less dwelling units or congregate residences accommodating ten (10) persons or less.

      17.   C-CR District Parking: In accordance with the goals, objectives and policies of the comprehensive plan, off street parking requirements for uses located in the core commercial/residential (C-CR) district shall be one-half (1/2) those required of the same uses in the other zoning districts. In addition, a property owner applicant may satisfy parking needs for a proposed facility by acquiring and developing the required number of spaces elsewhere in the C-CR district.

      18.   Joint Use Of Parking Facilities:

         a.   Up to thirty percent (30%) of the parking facilities required for a church or for an auditorium incidental to a public or parochial school may be supplied by the off street parking facilities of commercial and industrial daytime uses.

         b.   Other joint use of parking by adjacent commercial uses to reduce total parking spaces may be allowed with an approved parking study prepared by a registered professional.

         c.   Conditions Required For Joint Use: Any off site parking that is used to meet the requirements of this section shall be reviewed by the zoning administrator for compliance with this title and shall be subject to the conditions listed below:

(1) The building or use for which application is being made to utilize the off street parking facilities provided by another building or use shall be located adjacent to such parking facilities. In the core commercial/residential district the two (2) uses need not be adjacent but shall be within seven hundred feet (700').

(2) The applicant shall show that there is a comparatively minor conflict in the operating hours of the two (2) buildings or uses for which joint use of off street parking facilities is proposed.

(3) Off site parking shall be developed and maintained in compliance with all requirements and standards of this title.

(4) Convenient, safe pedestrian access from off street parking facilities to the use being served shall be available.

(5) A properly drawn legal instrument, executed by the parties concerned, for joint use of off street parking facilities, duly approved as to form and manner of execution by the town legal counsel, shall be filed with the zoning administrator and recorded with the Madison County clerk and recorder.

      19.   Improvement Schedule: All parking area improvements, to include surfacing, drainage, walkways, lighting, landscaping, screening, traffic control, etc., shall be installed according to the provisions of chapter 1 of this title.

   C.   Off Street Loading Requirements; Exception:

      1.   Spaces Required: Every establishment or use that has an aggregate gross floor area of fifteen thousand (15,000) square feet or more and ships or takes delivery by large commercial carrier van shall provide off street loading or unloading berths in accordance with the following table. The core commercial/residential district shall be exempt from this requirement.

 

 

      2.   Standards For Off Street Loading Facilities: All off street loading facilities shall conform to the following standards:

         a.   The first loading berth shall be at least seventy feet (70') in length. Additional berths required shall be at least forty five feet (45') in length unless certified by the applicant in writing that additional loading activity will take place exclusively with small delivery vans, in which case the berth(s) shall be at least twenty five feet (25') in length.

         b.   All loading berths shall be at least twelve feet (12') in width and fourteen feet (14') in height, exclusive of aisle and maneuvering space.

         c.   Such space may occupy all or any part of any required yard space, except front yard space. However, in no event shall a loading berth be located closer than fifty feet (50') to any lot in any residential zone unless separated from such zone by screening meeting the provisions set forth in the performance standards section of this title.

         d.   Sufficient room for turning and maneuvering vehicles shall be provided on site.

         e.   Each loading berth shall be accessible from a street or alley or from an aisle or drive connecting with a street or alley, without traversing a residential district.

         f.   The loading area, aisles and access drives shall be paved so as to provide a durable, dust free surface and shall be so graded and drained so as to dispose of surface water into an approved stormwater management system and without damage to private or public properties, streets or alleys.

         g.   Bumper rails shall be provided at locations where needed for safety or to protect property.

         h.   If the loading area is illuminated, lighting standard shall be a maximum of twenty feet (20') in height and shall be deflected down and/or away from abutting properties and residential districts so as to cause no annoying glare.

         i.   No regular repair work or servicing of vehicles shall be conducted in a loading area.

         j.   Off street loading facilities shall be located on the same site with the use for which the berths are required.

         k.   If more than one use is located on a site, the number of loading berths provided shall be equal to the sum of the requirements prescribed in subsection C1 of this section for each use. If more than one use is located on a site the gross floor area of the combined uses shall be used basis for calculating the number of berths that shall be provided.

         l.   Off street loading facilities for a single use shall not be considered as providing required off street loading facilities for any other use.

         m.   At the time of initial occupancy, major alterations or enlargements of a site, or of completion of construction of a structure or of a major alteration or enlargement of a structure, off street loading berths shall be provided meeting these requirements. (Ord. 131, 3-14-2002)

(Rep. by Ord. 136, 5-19-2011)

   A.   Title: These regulations shall be known as the TOWN OF ENNIS SIGN CODE and shall be referred to as the "sign code".

   B.   Scope And Purpose: The purpose of this sign code is to provide guidelines for sign design, location, material type, size and all other relative factors pertaining to signs within the town and its zoning jurisdiction. The intent is to allow such signs that will not by their size, location, design, construction or manner of display endanger the public health and safety of individuals, confuse or obstruct the view of or interfere with official traffic devices, signs and signals, or otherwise endanger public health, safety, etc. Ennis' mountain location and western style theme have been recognized as a viable method of promoting economic stability. These assets, theme and location enhance a high level of tourism and related economic activity. Therefore, it is imperative that signs in the town complement the town's western theme and be in accord with the Ennis comprehensive plan.

   C.   Application: All new moved, expanded or structurally altered signs within residential and commercial zones shall be permitted, provided that they meet all standards and provisions of this title.

   D.   Basis For Design: The basis for design shall be the small town, western theme discussed and pictorially illustrated in the comprehensive plan.

   E.   Nonconforming, Illegal And Abandoned Signs:

      1.   Nonconforming Signs: Nonconforming signs are signs which do not meet the physical criteria, that in other ways violate this title and which legally existed on or before this title's date of adoption. The following provisions shall govern procedures for bringing nonconforming signs into compliance:

         a.   Nonconforming signs shall be brought into compliance when the building or premises housing the entity being advertised is moved, expanded or structurally altered.

         b.   Nonconforming signs which are structurally altered, relocated or replaced shall immediately conform to the requirements of this section except that:

(1) Signs may be removed from their supporting structures for the purpose of repair or maintenance.

(2) Signs may be structurally altered where such alteration is necessary for public safety.

(3) Signs may be reinstalled if they are moved for construction or repairs of public works or public facilities and such reinstallation is completed within one year.

(4) Signs may be repaired and reinstalled if they are damaged by an act of God or by an accident, provided:

   (A) Such damage does not exceed fifty percent (50%) of the cost of reconstruction; and

   (B) Provided that such sign is reconstructed within one hundred eighty (180) days of the date the sign is damaged.

      2.   Illegal And Abandoned Signs: "Illegal signs" are signs constructed or altered after the date of sign code adoption or were constructed or maintained illegally before the date of sign code adoption and which do not comply with its provisions, including proper maintenance. "Abandoned signs" are those that advertise entities that have been abandoned for any length of time or vacated for a period in excess of one year. The following provisions shall govern procedures for bringing illegal and abandoned signs into compliance:

         a.   Illegal signs, including signs that are in disrepair, are deteriorated or are unsafe, shall be removed within thirty (30) days after notification by the zoning administrator by the owner or lessee of the premises upon which the sign is located.

         b.   Abandoned signs shall be removed within thirty (30) days after notification by the zoning administrator by the owner or lessee of the premises upon which the sign is located when the advertised business is no longer conducted on the premises.

   F.   Enforcement:

      1.   Authority: The zoning administrator is authorized and directed to enforce the provisions of the sign code. For these purposes the zoning administrator shall have the power of a law enforcement officer.

      2.   Removal By Town: The town of Ennis, following thirty (30) days notice to the property owner, may remove illegal and abandoned signs. The property owner will be assessed the cost of the sign removal if the owner fails to remove the offending sign.

   G.   Permits, Fees And Inspections:

      1.   Permits Required: A sign shall not hereafter be erected, reerected, constructed, altered or maintained, except as provided by this section, and after a permit has been issued by the zoning administrator. A separate permit shall be required for a sign or signs for each business entity.

      2.   Application For Permit: Applications for a sign permit shall be made in writing on the form shown in section 11-5-6 of this title and submitted to the zoning administrator for appropriate action. The zoning administrator may require other pertinent information if such information is necessary to determine compliance with the provisions of this section.

      3.   Approval: The zoning administrator shall issue a permit for a sign covered by application duly made unless the sign violates provisions of the sign code. The sign permit identification number shall be permanently attached to the sign in a position clearly visible for inspection. Approved signs shall be installed within six (6) months of permit issuance.

      4.   Revoking Of Permit: The zoning administrator may revoke a sign permit if it is found that there was a material and misleading false statement or fact in the application for the permit or if the approved sign is not installed within six (6) months.

      5.   Fees: Sign permit fees shall be paid in accordance with the schedule established by the Ennis town commission.

      6.   Inspections: Signs for which a permit is required shall be subject to inspection by the zoning administrator.

   H.   Design, Construction And Safety Standards:

      1.   Design:

         a.   Force Transmission: All bracing systems shall be designed and constructed to transfer lateral forces to the foundations. For signs on buildings, the dead and lateral loads shall be transmitted through the structural frame of the building to the ground in such a manner as not to over stress any of the elements thereof.

         b.   Turning Movement: The overturning movement produced from lateral forces shall in no case exceed two-thirds (2/3) of the dead load resisting movement. Uplift due to overturning shall be adequately resisted by proper anchorage to the ground or to the structural frame of the building. The weight of the earth superimposed over footings may be used in determining the dead load resisting movement. Such earth shall be carefully placed and thoroughly compacted.

         c.   Wind And Seismic Loads: Wind loads and seismic loads on signs shall be designed and constructed to withstand wind load and seismic forces as specified in chapter 23 of the uniform building codes. Wind and seismic loads need not be combined in the design of signs, and only that load producing the larger stress need be used. Vertical design loads, except roofline loads, shall be assumed to be acting simultaneously with the wind and seismic loads.

         d.   Uniform Building Codes Requirements: The design of wood, wrought iron and concrete members shall conform to the requirements of chapters 25, 26, 27, and 28 of the uniform building codes. Loads, both vertical and horizontal, exerted on the soil shall not produce stresses exceeding those specified in chapter 29 of the uniform building codes.

         e.   Wire Rope And Fastenings: The working stresses of wire rope and its fastenings shall not exceed twenty five percent (25%) of the ultimate strength of the rope or fasteners.

         f.   Bracing: Members supporting unbraced signs shall be so proportioned that the bearing loads imposed on the soil in any direction, horizontal or vertical, shall not exceed safe values. Braced ground signs shall be anchored to resist the specified wind or seismic load acting in any direction. Anchors and supports shall be designed for safe bearing loads on the soil, and for an effective resistance to pull out, amounting to a force of twenty five percent (25%) greater than the required resistance to overturning. Anchors and supports shall penetrate to a depth belowground greater than the frost line.

      2.   Construction:

         a.   Supports: Supports for signs or sign structures shall be placed in or upon private property and shall be securely built, constructed and erected in conformance with the requirements of this section. Signs attached to masonry, concrete or steel shall be safely and securely fastened thereto by means of metal anchors, bolts or approved expansion c/screws of sufficient size and anchorage to support safely the loads applied.

         b.   Parapet Wall Supports: Unless a wall is designed in accordance with the requirements specified in the uniform building code, no anchor or support of any sign or wall facade for signs shall be connected to or supported by an unbraced parapet wall.

      3.   Safety:

         a.   Proximity To Electrical Conductors: Signs shall be located not less than eight feet (8') horizontally and twelve feet (12') vertically from overhead electrical conductors which are energized in excess of standard service loads as determined by the utility company providing the service. The term "overhead conductors" as used in this subsection means any electrical conductor, either bare or insulated, installed above the ground, except such conductors as are enclosed in iron pipe or other material covering of equal strength.

         b.   Wiring: All electrical equipment used in connection with such signs shall be installed in accordance with the national electrical code.

         c.   Access: No sign or sign structure shall be erected in such a manner that any portion of its surface or supports will interfere in any way with the free use of any fire escape, exit or stairs.

         d.   Maintenance: All signs, together with all their supports, braces, guys and anchors, shall be kept in good repair and be maintained in a safe condition. All signs and the site on which they are located shall be maintained in a neat, clean and attractive condition. Signs shall be kept free from deterioration. The display surfaces, trims, frames and supports of all signs shall be kept neatly painted or otherwise neatly maintained as applicable. Substances used for painting or affixing a message to the display surface of a sign and any waste materials generated in erecting a sign shall be removed from public or private property.

   I.   Projection And Clearance: The outermost portion of the overhanging sign, device or structure shall be no more than eight feet (8') beyond the face of the building or beyond the curb line, whichever distance is less. The lowest portion of the overhanging sign device or structure shall be at least eight feet (8') above the top of the curb or sidewalk elevation.

   J.   Sign Measurement:

      1.   Area: The area of a sign is the space within any perimeter that encloses the limits of any writing, representation, emblem, figure or character. The area of a sign with no such perimeter or the area of a sign with irregular shape, shall be computed by enclosing the surface area within a known geometric size or shape. The area of all signs in existence at the time of the enactment of this title, whether conforming or nonconforming, shall be counted in establishing the permitted sign and of all new signs to be allowed for an individual business or premises. Where a sign is of three-dimensional or round or irregular size shape, the largest cross section shall be as though it were a flat surface to determine area.

      2.   Facade Area: When the area of the front building facade is used to determine sign area, said area shall be computed by multiplying the width of the building frontage or portion thereof by the height of the building or portion thereof which is devoted to the particular business. False front and mansard roof may be included when calculating the area of the building facade.

   K.   Permitted Materials; Exceptions: Materials for construction of signs and sign structures shall be the quality and grade as specified for building in the uniform building code. In all sign and sign structures, the material and detail of construction shall, in absence of specified requirements, be constructed of wood or iron only. The design review board, providing such materials are consistent with the western theme, may approve other materials.

   L.   Signing Techniques:

      1.   Western Theme: Signing techniques shall be in conformance with the western design theme, including:

         a.   Painting the sign directly on the facade of the building.

         b.   Painting of a sign on a finished material or signboard that is subsequently affixed to the building.

         c.   Affixing raised block letters directly on the facade of the building.

      2.   Lettering Techniques: Lettering techniques shall be in conformance with the western design theme and permitted as follows:

         a.   Ornamental lettering.

         b.   Shaded block or shaded ornamental lettering painted on contrasting colors on flat surfaces.

         c.   Raised or routed block letters.

      3.   Logos: Logos that are registered or filed with a state or federal agency may be used as part of a sign, but such logo shall comply with provisions regarding permitted materials and signing techniques set forth in this subsection.

      4.   Hazardous Conditions Prohibited: No sign shall be erected or maintained which, by use of lights or illumination, creates an unduly distracting and hazardous condition to a motorist, pedestrian, or the general public, including, but not limited to, the following:

         a.   No exposed reflective type bulb or incandescent lamp shall be exposed to direct view from a public street or highway but may be used for indirect light illumination of a sign display surface.

         b.   No neon tubing sign or decoration will be allowed except as otherwise provided in this section.

         c.   No colored lights shall be used at any location or in any manner so as to be confused with or construed as traffic control devices.

         d.   No sign may be erected or maintained if it contains, includes or is illuminated by any flashing, intermittent, revolving, rotating or moving light(s), or which moves, or which has any animated or moving parts. Strings of lights are permitted only between November 1 and January 15.

      5.   Floodlights: Signs may be indirectly illuminated by floodlights or other lighting, located on the ground, wall or roof area adjacent to the sign intended to be illuminated.

      6.   Height Restrictions: No indirect illumination devices shall be allowed to exceed the building height requirements of the zoning district.

      7.   Neon And Fluorescent Light Colors: Neon and fluorescent colors and lighting may be used only for highlighting a sign face or lettering and must conform to the western theme restrictions and other regulations. (Ord. 131, 3-14-2002)

   M.   Message And Images:

      1.   Medical Marijuana: No signage can contain the words "weed", "joint", "pot", or other slang terms for medical marijuana. Whenever used in signage, the word "marijuana" or "cannabis" must be preceded by the word "medical". Images of smoking cigarettes or images of a medical marijuana leaf are prohibited. All exterior signage must comply with the provisions of the community signage regulations of this section. (Ord. 134, 11-5-2010)

   A.   Wall Signs: The following criteria shall be applicable for a wall sign:

      1.   Pinned Wall Signs: "Painted on" wall signs or cut out letters may be pinned away from the building.

      2.   Maximum Projections: Wall signs may not stand more than twelve inches (12") away from the wall.

      3.   Maximum Area: Total wall signage shall not exceed twenty percent (20%) of the wall area in square feet of each facade. A wall sign shall not exceed one hundred (100) square feet in area.

   B.   Projecting And Hanging Signs: The following criteria shall be applicable for both projecting and hanging signs:

      1.   Maximum Area: The sign area of both projecting and hanging signs may not exceed six (6) square feet in area per face.

      2.   Projection And Clearance: The outermost portion of the overhanging sign, device or structure shall be no more than eight feet (8') beyond the face of the building or beyond the curb line, whichever distance is less. The lowest portion of the overhanging sign device or structure shall be at least eight feet (8') above the top of the curb or sidewalk elevation.

   C.   Flexible Signs And Banners: A flexible sign must clear sidewalks by at least eight feet (8') and shall not interfere with public use of the sidewalk, street or right of way, or obstruct or restrict clear vision for traffic or pedestrian safety. Banners are permitted only for commercial, institutional or civic activities and may be located only in areas approved by the zoning administrator.

      1.   Street Banner Approval: Banners across state highways require the written approval of the Montana state department of transportation.

      2.   Minimum Wire Height: The lowest point must not be below the legal limit for wires crossing the street, eighteen feet (18').

      3.   Banners Temporary: All types of banners on buildings or other support structures shall be considered temporary and will be allowed to remain up to seven (7) days or less, and shall be subject to the same height restrictions as flexible signs.

   D.   Ground Mounted Signs: The following criteria shall be applicable for ground mounted signs:

      1.   Noninterference: A ground mounted sign shall not be located within ten feet (10') of any other sign within any street right of way (stop sign, etc.) or within any area which requires clear vision for traffic or pedestrian safety.

      2.   Maximum Number: No more than one ground mounted sign shall be permitted for each street frontage in all zones with the exception of the HC and C-I zones where two (2) ground mounted signs are allowed for each street frontage providing they are three hundred feet (300') apart.

      3.   Maximum Height: Sign height shall not exceed fifteen feet (15') from ground level.

      4.   Maximum Area And Width: Ground mounted signs shall not exceed thirty two (32) square feet. Width shall not exceed ten feet (10').

      5.   Sign Supports: Sign supports shall be compatible with the design requirements and intent of the western design theme.

   E.   Awning Signs: Awning signs shall be permitted subject to the following requirements:

      1.   Copy: Copy shall be limited to the name or logo of the owner, business or industry conducted within the premises, address of the building or the building name and shall cover no more than fifteen percent (15%) of the horizontal projected area of the awning.

      2.   Area Deducted: The area of a sign on an awning or canopy shall be deducted from the wall sign area permitted.

      3.   Supports: Supports, posts or columns beyond the property line will not be permitted.

      4.   Permanently Affixed: Lettering shall be painted or otherwise permanently placed.

      5.   Minimum Height: The lowest point of the awning must be at least eight feet (8') above the sidewalk.

      6.   Translucent Awnings: Backlighted, transparent or luminescent awnings shall be prohibited.

   F.   Permanent Window Sign: The area of a permanent window sign is to be considered part of the total area permitted for wall signs.

   G.   Temporary Exterior Window Sign: Temporary exterior window signs are those that are left in place for no more than four (4) weeks in any three (3) month period. They are permitted in all activities. They may not exceed thirty percent (30%) of the window area in which they are displayed.

   H.   Neon Window Sign: Two (2) neon window signs per business are allowed, provided the maximum size is two hundred eighty (280) square inches per sign.

   I.   Real Estate Sign: Real estate signs shall not exceed a total area of twelve (12) square feet. Such signs shall be removed no later than seven (7) days after the sale or lease of or expiration of the listing for such property.

   J.   Political Campaign Signs: Political campaign signs may be placed on private property no more than forty five (45) days prior to a primary or general election, and shall be removed not later than seven (7) days after the closing of the polls. No sign may exceed thirty two (32) square feet in area.

   K.   Temporary Sales Signs: Garage, yard or patio sale signs or other similar sale signs of a temporary nature. Such signs shall be removed no later than forty eight (48) hours after the related activity ceases.

   L.   Service Signs: Service signs, such as those identifying bank or credit cards, shall not be attached to an approved sign. If such services are to be advertised, the sign shall be integrated into the overall sign design and are subject to all requirements of this title.

   M.   Construction Signs: Construction signs shall be limited to a maximum area of sixteen (16) square feet for each firm and may be erected or placed only during the construction period. Construction signs shall be confined to the construction site and shall be removed not later than seven (7) days after the completion of the project.

   N.   Residential Signs: The total area of any sign located in a residential zone shall not exceed two (2) square feet and is limited to wall mount only.

   O.   Roof Signs: Roof signs are permitted subject to the following limitations:

      1.   Number: One roof sign shall be permitted for a building as long as it is architecturally incorporated into the whole scheme of the building.

      2.   Area: Roof signage shall not exceed twenty percent (20%) of the wall area in square feet on each facade. The total area of a roof sign and a wall sign combined shall not exceed twenty percent (20%) of the wall area in square feet, on each facade.

      3.   Height: Roof signs may not exceed six feet (6') above the roof or twenty five feet (25') from the curb line.

      4.   Supports: All supports, bracing, angle iron, guy wires, etc., shall appear to be an architectural and integral part of the building. (Ord. 131, 3-14-2002)

   A.   Exemptions: The following activities and signs are not subject to the design provisions of this title, but must meet size, area and length of time requirements:

      1.   Maintenance: Repainting, cleaning or other normal maintenance or repair of a sign or sign structure for which a design approval has been given, so long as the sign design, color, material, content, etc., is not modified in such a way as to conflict with the intent of this chapter.

      2.   Changing Copy: Changing the advertising copy or message on an awning or canopy.

      3.   Temporary Signs: Construction, real estate, political campaign, garage, yard, patio or other similar sale signs of a temporary nature.

      4.   Window Signs: Temporary window signs.

      5.   Directional: Traffic directional signs onto or within premises.

      6.   Governmental: Governmental or official notices, flags, emblems or insignia.

      7.   Religious: Religious or holiday decorations.

      8.   Machines: Internally lit soda machines and telephone booths.

      9.   Other: Any other signs that are state or federally regulated and are not required to comply with local sign requirements.

      10.   Plaques: Dedication or historical plaques.

      11.   Special Events: Temporary, nonprofit organizations' special events. (Ord. 131, 3-14-2002)

   A.   Multiple Use: The sign size restrictions set forth in this chapter apply to each building. Where a single occupant carries on more than one activity within a building, the occupant may allocate the available ground or wall sign area in any manner between the various activities. However, the total area so allocated may not exceed the maximum area available to that occupant were he carrying on only a single activity.

   B.   Joint Occupancy: In like manner, where a building is occupied by more than one tenant, the owner may allocate available ground or wall sign area among the various tenants. However, the total area so allocated may not exceed the maximum area available to a single tenant occupying the entire building. (Ord. 131, 3-14-2002)

The following signs are prohibited:

   A.   Vehicles Used As Signs: Signs that are placed on, affixed to or painted on a motor vehicle or trailer and placed on public or private property for the primary purpose of providing a sign not otherwise permitted by this title. Signs on vehicles used in the normal course of business shall not be subject to this provision.

   B.   Traffic Hazards: Signs or sign structures that create a hazard by obstructing a clear view or pedestrian and vehicular traffic.

   C.   Pornographic: Pornographic signs or any language on a sign that could be considered offensive.

   D.   Street Furniture: Signs painted on or attached to benches, street fixtures or other street objects. (Ord. 131, 3-14-2002)

The following general provisions shall apply:

   A.   Public Spaces: No sign or other graphic display other than a town or other public agency sign shall be allowed to be erected, installed, replaced or maintained in, over or on any public property, including parkways, except as provided in this title.

   B.   Interpretation: Any sign or other graphic display which is supported by more than one means and, therefore, cannot be clearly defined as ground, wall, roof, projecting or other sign shall be administratively assigned to the sign category most logically applicable and the appropriate standards applied.

   C.   Design Character: Signing shall be in proportion with and visually related to the architectural character of the building, restrained in size and be in conformance with generally accepted principles of good design and architecture.

   D.   Context: Signing for a business within a commercial or industrial center shall be in harmony with the signing of the entire complex. The signing for any new or remodeled commercial or industrial center shall be approved concurrent with the architectural review of the project in the form of a signing program.

   E.   Permit: The sign permit must be obtained and the permit fee paid prior to the actual erection of the approved sign.

   F.   Compatibility: This title outlines maximum requirements; however, signs must be appropriate to the nature to which they pertain and compatible with their surroundings.

   G.   Supersedes: This chapter supersedes any other ordinance that pertains to signage. (Ord. 131, 3-14-2002)

A zoning permit shall be obtained before any land or building may be used or occupied, or before any building or structure may be erected, placed, moved, expanded or structurally altered. The permit applicant is required to complete and submit the application form provided in section 11-5-8 of this title, and a sketch plan or site plan as specified in section 11-4-13 of this chapter. Applicants will strive to meet the intent of the Ennis comprehensive plan goals, including retaining the western theme as described in earlier sections and in the comprehensive plan. The zoning administrator may refer development proposals for large, unusual or complex buildings or land uses to the planning board for guidance in meeting these goals.

   A.   Actions That May Not Require Zoning Permit: Certain actions may not require a zoning permit if deemed to be exempt by the zoning administrator. Such actions may include, for example, painting and minor repairs; landscaping work not involving structural retaining walls; or other minor improvements or replacements in kind.

   B.   Permit Issuance: The zoning administrator may issue a zoning permit when the required application has been completed and the administrator has found the proposed building, structure, parcel or use will meet the requirements of this title. The zoning administrator shall first review the applicant's materials to ensure the information is accurate and complete. If the materials fail in either regard the application shall be returned. If accepted, all reviews will be completed and one copy shall be returned to the applicant, marked and signed indicating approval or disapproval. If disapproved, the reasons shall be stated in writing. The second copy of similarly marked materials shall be retained in the town hall.

   C.   Permit Expiration: Zoning permits have a limited duration but may be extended for cause and as described below. The zoning administrator may grant comparatively short extensions; however, the town commission upon favorable recommendation by the zoning administrator may grant additional extensions subject to the following:

      1.   One Year To Initiate Work: If the work described in any zoning permit has not been initiated within one year, the approval shall expire. Written notice of the expiration shall be given to the permit holder. If the permit holder requests an extension, for cause, in writing, forty five (45) days in advance of the permit's expiration, an extension of up to sixty (60) days may be granted by the zoning administrator or up to one year by the town commission.

      2.   Two Years To Complete: If the work described in any zoning permit has not been substantially completed within two (2) years of the permit's issuance (or extension), the permit shall expire and be cancelled by the zoning administrator. Written notice shall be given to the legal permit holder, forty five (45) days in advance of the permit's expiration, together with notice that further work, as described in the cancelled permit, shall not proceed unless and until a new permit has been obtained.

   D.   Conformity With Permit: Construction and/or use shall conform to the application.

      1.   Changes: Zoning permits issued on the basis of plans and applications approved by the zoning administrator authorize only the use, arrangement and construction set forth in the approved plans and applications, and no other use, arrangements, or construction. Any change of planned use, arrangement or construction shall be submitted to the zoning administrator for review and approval. Use, arrangement, or construction at variance with that authorized shall be deemed a violation of this title and punishable as provided under "violations and penalties".

      2.   Inspection; Stop Work Order; Appeal: The zoning administrator shall periodically check all use of property or construction activities to determine conformance with the approved plans and application. If during this procedure the zoning administrator determines that the actions being undertaken do not conform with the approvals granted, the administrator shall inform the legal permit holder of the infraction and shall issue a stop work order. This order will not be lifted until the permit holder causes the infraction to be remedied, or the matter has been appealed to the town commission and the commission has informed the administrator, in writing, that the infraction has been resolved and the stop work order shall be lifted.

   E.   Conditional Use Permit: A conditional use permit must be obtained before those uses specified as conditional uses within certain zoning districts may be established. A conditional use permit may be issued only when an application has been completed and the town commission has found the proposed use will meet both the requirements of the particular district involved and the conditions specified for the use. (Ord. 131, 3-14-2002)

   A.   General: Certain uses generally appropriate within a particular zoning district may require additional scrutiny and approval with conditions. The town commission may grant a conditional use permit (CUP) when such circumstances exist. The permit shall be granted for a particular use and not for a particular person or firm. Periodic review may be required. No conditional use permit shall be granted for a use that is not specifically designated or is clearly of like character and intensity as a conditional use listed in this title.

   B.   Application For Conditional Use Permit:

      1.   Application: The person applying for a conditional use permit shall submit the appropriate form, with the required fee to the zoning administrator. The request for a conditional use permit shall follow the procedures and application requirements of "zoning permits", section 11-4-18 of this title.

      2.   Hearings: In consideration of all conditional use permit applications a public hearing shall be conducted by the planning board and, upon receipt of the board's recommendation, a public meeting shall be conducted by the town commission.

      3.   Notice: Notice of the public hearing shall be placed in the newspaper of general circulation.

      4.   Rezoning: If a rezoning is required prior to approval of a conditional use permit (CUP) the application for rezoning and the conditional use permit may be filed and acted upon simultaneously, however the conditional use permit shall not be effective until zoning has been approved by town commission.

   C.   Town Commission Consideration And Findings:

      1.   Findings: The town commission, in approving a conditional use permit, shall find the proposal complies with all provisions listed on the checklist in chapter 5 of this title.

      2.   Additional General Conditions: The commission shall, in addition to all other conditions, impose the following general conditions upon every conditional use permit granted:

         a.   That the right to a use and occupancy permit shall be contingent upon the fulfillment of all general or special conditions imposed by the conditional use permit procedure;

         b.   That all of the special conditions shall constitute restrictions running with the land use, shall be binding upon the owner of the land, his successors or assigns, and shall be recorded as such with the Madison County clerk and recorder's office by the property owner prior to the issuance of any building permits, final site plan approval or commencement of the conditional use;

         c.   That all conditions specifically stated under any conditional use listed in this title shall apply and be adhered to by the owner of the land, successors or assigns;

      3.   Final Action: Applications for conditional use permits may be approved, conditionally approved or denied by motion of the town commission and the applicant shall be notified of the decision in writing. If an applicant is denied, the denial shall constitute a finding that the applicant has not shown that the conditions required for approval do exist.

   D.   Modification Of Structures Authorized Under Conditional Use Permit: Any proposed additions, enlargements or modifications of the structures approved in any conditional use permit or any proposed extension of the use into areas not approved in any such permit, shall be subject to the same review, application and approval procedures. (Ord. 131, 3-14-2002)

   A.   Introduction:

      1.   All development proposals within the zoning jurisdictional area of the town will be subject to plan review and approval. Depending on the complexity of development, either sketch plans or site plans will be required as specified in this section. Plans shall be submitted to the zoning administrator as part of the zoning permit review process.

      2.   Special Development Proposals: Special development proposals (i.e., traditional neighborhood developments, conditional use permits, variances, etc.) require other information to be submitted in conjunction with sketch plans or site plans and are subject to requirements specific to the type of proposal. These additional submittal requirements and review procedures are outlined in this chapter.

   B.   Sketch Plan Review:

      1.   Sketch Plan Submittal Requirements:

         a.   Certain development proposals are required to submit only sketch plans, drawn to scale and in sufficient detail to demonstrate compliance with all zoning requirements. Sketch plans shall be oriented with north at the top of the page and shall also show site boundaries, street and alley frontages with names and location of all structures with distances to the nearest foot between buildings and from buildings to property lines.

         b.   Separate construction plans are necessary for building permits when the proposal requires such permits.

         c.   Examples of projects which qualify for sketch plan review include: individual single-family and two-family residential units, each on individual lots; fences; signs in compliance with zoning requirements; special temporary uses; home occupations; and accessory structures associated with these uses. Other similar projects may be determined by the zoning administrator to require only sketch plan review. The zoning administrator shall determine all submittal requirements.

      2.   Sketch Plan Review Criteria: Sketch plans shall be reviewed for compliance with all applicable zoning requirements including overlay district requirements and the cessation of any current violations of this title, exclusive of any legal nonconforming conditions. Once compliance has been achieved, the sketch plan and zoning permit will be approved and construction may begin.

   C.   Site Plan Review:

      1.   Classification Of Site Plans: Site plans will be classified as major or minor site plans. All developments within the town's zoning jurisdiction, except, development proposals requiring only sketch plan review, shall be subject to this subsection.

         a.   Major Site Plan Criteria: A major site plan involves one or more of the following:

(1) Three (3) or more dwelling units in a multiple-family structure or structures;

(2) Five thousand (5,000) or more square feet of nonresidential space;

(3) More than one building on one site for permitted office uses, permitted retail commercial uses, permitted industrial uses or permitted combinations of uses;

(4) Ten thousand (10,000) or more square feet of exterior storage of materials or goods;

(5) Parking for more than ten (10) vehicles.

         b.   Minor Site Plan Criteria: Any other site plan, except those that are part of a traditional neighborhood development or conditional use permit, will be considered a minor site plan. Conditional use permits and traditional neighborhood developments shall be reviewed according to their specific requirements and procedures.

      2.   Review Authority: The zoning administrator and the planning board have the authority to review and require revisions to any proposed site plans.

      3.   Site Plan Submittal Requirements: Applications for all site plan approvals shall be submitted to the zoning administrator on forms provided in chapter 5 of this title. The site plan application shall be accompanied by the appropriate fee and development plans showing sufficient information for the zoning administrator or planning board to determine whether the proposed development will meet the town's development requirements.

      4.   Site Plan Review Procedures:

         a.   Minor Site Plan: Minor site plans shall be processed by the zoning administrator.

         b.   Major Site Plan: Major site plans shall be initially processed through the zoning administrator in the manner of a minor site plan; however, the zoning administrator action shall not be final but rather advisory to the planning board.

      5.   Site Plan Review Criteria: In considering applications for site plan approval, the zoning administrator and planning board shall consider the issues listed in the site plan review checklist contained in section 11-5-5 of this title. If the reviewing agencies determine that the proposed site plan is in compliance and accord with the listed issues and provisions of this title, approval shall be granted. (Ord. 131, 3-14-2002)

Any activity involving medical marijuana must meet all requirements of state law including, but not limited to, the standards of title 50, chapter 46, Montana Code Annotated, and limits on possession, clean air, and all other provisions of title 50, chapter 46, and any applicable administrative rules established by the state. Should such rules or laws change, any medical marijuana facility shall immediately begin any required process to come into compliance with the new rules. This includes submittals for review of applications to the town of Ennis as they may relate to zoning, business licensing, or other municipal programs. Compliance with town of Ennis zoning regulations, and other provisions of this title, does not shield any person, corporation, or other legal entity from the requirements of, or enforcement by, other governing entities, or from civil liabilities.

   A.   Location: Unless specifically exempted, any person or an existing or proposed entity intending to conduct activities for the purpose of growing, processing, distribution, and/or any other activity related to medical marijuana shall in addition to this section, comply with all other provisions of this code, and shall not be located within five hundred (500) linear feet of the exterior property line of:

      1.   All schools or facilities owned or operated by Ennis school district whether located inside or outside the town of Ennis limits; or

      2.   All private schools, not including home schools, whether located inside or outside the town of Ennis limits, which provide instruction in the class range from kindergarten to twelfth grade and which are either subject to section 20-5-109, Montana Code Annotated, or listed as a kindergarten provider by the Madison County superintendent of schools.

      3.   For purposes of this section, specified distances will be measured in a straight line, without regard to intervening structures from the property line of a school as stated in subsections A1 and A2 of this section, regardless of whether those schools are located within the jurisdictional limits of the town of Ennis, to the property line of the business providing medical marijuana.

   B.   Zoning Districts: Any activities for the purpose of growing, processing, distribution, and/or any other activity related to medical marijuana may not be located in any zone other than those stated in chapter 3 of this title.

   C.   Exceptions: The requirements of subsections A and B of this section do not apply to:

      1.   An individual registered qualifying patient who possesses medical marijuana in accordance with the limits and requirements of title 50, chapter 46, Montana Code Annotated solely for that qualifying patient's own use; or

      2.   A caregiver providing care to not more than two (2) qualifying patients who reside within the same dwelling as the caregiver. The caregiver and qualifying patients shall maintain appropriate state agency qualification at all times that medical marijuana is present.

   D.   Air Discharge Control: Any medical marijuana growing or processing operation that contains one or more medical marijuana plants at any one time shall provide a forced air vent discharge point, with odor abatement, that is located no closer than thirty feet (30') from an adjacent property line or a residence.

   E.   DPHHS Approval Of Caregiver: Any person making application for a zoning approval for a medical marijuana business shall provide evidence of DPHHS approval as a caregiver at the time of application and shall maintain such DPHHS approval at all times. Failure to maintain approval immediately suspends zoning approval to operate a medical marijuana business in the town of Ennis.

   F.   Property Owner Standards: These regulations are for review of applications to the town of Ennis and do not restrict property owners from establishing more stringent standards for their properties.

   G.   Medical Marijuana Home Based Business: A home based business for the purpose of cultivating, processing or distributing of medical marijuana shall be restricted in the following manner:

      1.   Cultivating and processing and distribution of medical marijuana for commercial purposes will only be permitted in the designated zoning areas in the town of Ennis.

      2.   There is no restriction for home based businesses for the purposes of recordkeeping.

      3.   Dispensing of medical marijuana in a residence must have no more than three (3) patients. The intent of this is to ensure there is no change in the makeup of the neighborhood, turning a residential district into a commercial district. Upon any complaint, the issue will be reviewed by the commission and that entity may have to come into compliance with the regulations of this chapter. (Ord. 134, 11-5-2010)