The provisions of this chapter shall apply to all lands, uses and structures subject to this title. (Ord. 2000-03, 9-13-2000)

   A.   Purpose:

      1.   Within the districts established by this title, lots, structures, and uses of land and structures may exist which were lawful at the time this title was adopted or amended, but which would be prohibited or regulated under the terms of this title or future amendment. The intent of this section is to permit these nonconformities to continue until they are removed, but not to encourage their survival. This title further intends that nonconformities shall not be enlarged, expanded or extended, nor be used as grounds for adding other structures or uses prohibited elsewhere in the same district.

      2.   Nonconforming uses are declared by this title to be incompatible with permitted uses in the same district. However, to avoid undue hardship, nothing in this title shall be deemed to require a change in the plans, construction or designated use of any building on which actual construction was lawfully begun prior to the effective date of adoption or amendment of this title and which actual building construction has been carried on diligently.

   B.   Nonconforming Lots Of Record:

      1.   Structures and uses permitted in a district may be established on any single lot that is of record on the effective date hereof. The lot must be in separate ownership and not of contiguous frontage with other lots of the same ownership. A lot of record that does not meet lot area or lot width requirements must meet all other requirements of the district.

      2.   If two (2) or more lots with contiguous frontage in single ownership are of record at the time of passage or amendment of this title, and any of the lots do not meet the requirements established for lot width and area, the lands involved shall be considered to be an undivided parcel for the purposes of this title, and no portion of this parcel shall be used, divided or sold in a manner which would fail to meet the requirements of this title.

   C.   Nonconforming Uses And Structures: Where, at the time of passage hereof, a lawful use of land or a structure exists which would not be permitted by the regulations imposed by this title, the use may be continued where it remains otherwise lawful, provided:

      1.   A nonconforming use or structure may not be enlarged or increased, nor extended to occupy a greater area of land than was occupied on the effective date of adoption or amendment of this title.

      2.   Should any nonconforming use cease for any reason for a period of more than one year, or should a nonconforming structure or portion of a structure be destroyed to an extent of more than fifty percent (50%) of its replacement cost at the time of destruction, the use or structure will be reestablished only in compliance with the provisions of this title.

      3.   No additional nonconforming structure shall be erected in connection with such nonconforming use of land or structures.

      4.   Should a nonconforming structure be moved for any reason for any distance whatever, it shall thereafter conform to the regulations for the district in which it is located after it is moved.

      5.   Nothing in this title shall be deemed to prevent the routine repair and maintenance of a nonconforming structure, or strengthening or restoring the structure to a safe condition. (Ord. 2000-03, 9-13-2000)

   A.   Requirements For Permitted Home Occupations: A home occupation may be conducted as a secondary use in a dwelling, provided that:

      1.   The use of the dwelling for the home occupation clearly must be incidental and subordinate to its use for residential purposes, and not more than twenty five percent (25%) of the floor area of the dwelling may be used in the conduct of the home occupation.

      2.   No traffic may be generated by a home occupation in greater volumes than would normally be expected in a residential neighborhood, and any need for parking generated by the home occupation shall be met by off-street parking.

      3.   No vehicles, except those normally used as passenger vehicles, will be used for the home occupation unless stored or parked elsewhere.

      4.   No equipment or process shall be used in a home occupation which creates noise, vibration, glare, fumes, odors, or electrical interference detectable by normal senses off the lot.

      5.   Any equipment or materials used in connection with a home occupation shall be stored within the principal structure or in an enclosed space outside of the principal structure. (Ord. 2000-03, 9-13-2000)

Any construction or location of buildings or other structures within a 100-year flood plain officially designated by the Montana department of natural resources and conservation must conform to the city or county flood plain management regulations. (Ord. 2000-03, 9-13-2000)

   A.   Front Yard: Depth of required front yards is measured at right angles to a straight line joining the foremost points of the side lot lines. The foremost point of the side lot line, in the case of rounded property corners at street intersections, will be assumed to be the point at which the side and front lot lines would have met without such rounding. Front and rear yard lines will be parallel.

   B.   Side Yard: Width of a required side yard is measured in such a manner that the yard established is a strip of the minimum width required by the district regulations with its inner edge parallel with the side lot line.

   C.   Rear Yard: Depth of a required rear yard is measured in such a manner that the yard established is a strip of the minimum width required by district regulations with its inner edge parallel with the rear lot line. (Ord. 2000-03, 9-13-2000)

   A.   Purpose: Supplementary district regulations are intended to govern miscellaneous issues related to uses or conditions that occur in more than one zoning district.

   B.   Visibility At Intersections: On a corner lot in any district, for a distance of fifty feet (50') from the point of intersection along each street, nothing may be erected, placed, planted, or allowed to grow in a manner that would impede the visibility of vehicles entering the intersection.

   C.   Fences, Walls And Hedges: Unless other provisions of this title specify otherwise, fences, walls and hedges are permitted in any required yard, provided that no fence, wall or hedge in or along the edge of a front yard shall be no more than six feet (6') in height, subject, however to the restrictions of subsection B of this section.

   D.   Structures To Have Legal And Physical Access: Every principal building erected or placed on a lot shall have legal and physical access to a public street, other than an alley, or an approved private street, and all structures shall be so located on lots as to provide required off-street parking and safe and convenient access for emergency vehicles.

   E.   Exceptions To Height Regulations: The height limitations contained in the district regulations do not apply to spires, belfries, cupolas, antennas, water tanks, ventilators, chimneys, or other appurtenances not intended for human occupancy and usually required to be placed above the roof level.

   F.   Number Of Principal Structures On A Lot: In any district, more than one structure housing a permitted or conditional principal use may be erected on a single lot, provided that minimum yard areas and other requirements of this title are met for each structure as though it were located on an individual lot.

   G.   Parking Or Storage Of Certain Vehicles: No more than one automotive vehicle without current license plates may be parked or stored on any residentially zoned property, except those in completely enclosed buildings.

   H.   Fire Hazards: Any activity involving the use or storage of flammable or explosive materials must be entirely enclosed with protective fencing at least six feet (6') in height and be protected by adequate firefighting and fire prevention equipment and by normal safety devices. The activities must be set back not less than one hundred feet (100') from all lot lines. Such activities will be subject to the fire safety standards prescribed by the city fire marshal or other appropriate authority.

   I.   Livestock: "Livestock", as defined in section 12-1-7 of this title, shall not be maintained in any district within the corporate boundaries of the municipality.

   J.   Bars, Taverns, Lounges, Nightclubs: No building, structure or premises shall be used as a bar, tavern, lounge, nightclub or any commercial establishment that serves alcoholic beverages within six hundred feet (600'), and on the same street, of any building used exclusively as a school, church, synagogue or other place of worship. The distance shall be measured in a straight line from the center of the nearest entrance of the place of worship or school to the nearest entrance of the proposed establishment. This distance restriction does not apply to establishments where sale of table wine and beer is solely in the original package for off-premises consumption. (Ord. 2000-03, 9-13-2000)

   A.   Purpose: The intent of off-street parking requirements is to provide convenient and safe access to property, reduce the need for on-street parking and thus congestion on streets, alleviate hazards associated with access to traffic-generating business and industrial uses, provide adequate and safe parking for residents and business customers, protect residential uses from the undesirable effects of abutting traffic, and maintain the traffic carrying capacity of the road system serving the jurisdiction.

   B.   Design:

      1.   An off-street parking space shall be at least nine feet (9') in width and eighteen feet (18') long.

      2.   Off-street parking areas must be accessible from a public street.

      3.   The access to a commercial or industrial off-street parking area must be at least twenty four feet (24') wide, or twelve feet (12') wide where one-way drives are used.

      4.   Off-street parking spaces serving residential uses must be located on the same lot as the dwelling, and may not be located in any front yard except in the driveway.

      5.   Off-street parking areas serving commercial, industrial, public or institutional uses must be located within five hundred feet (500') of the use, and may not be located in required front yards.

      6.   Off-street parking areas serving multi-family residential developments of more than ten (10) units, commercial, industrial and institutional uses must comply with the following provisions:

         a.   Grading And Drainage: Off-street parking areas shall be graded and any needed swales, culverts or other drainage facilities installed to remove surface runoff in a manner that does not adversely affect adjacent properties, public streets or surface waters.

         b.   Surfacing: Off-street parking areas shall be surfaced with gravel or equivalent material. Parking areas containing twenty (20) or more spaces shall be surfaced with asphalt, paving or other hard surface.

         c.   Screening: Where an off-street parking area abuts a residential use or zoning district, the parking area shall be effectively screened at the property line(s) by an acceptably designed sight-obscuring wall, fence or planting screen.

         d.   Lighting: No lighting used to illuminate a parking area shall face, or have its light source directly visible from any residential use or residential zoning district.

   C.   Number Of Spaces: The following number of off-street parking spaces are required:

 

   D.   Joint Use Of Off-Street Parking Facilities: The applicant for a proposed use may apply to the zoning commission to use the off- street parking facility of another use. The zoning commission may approve an application for joint use, provided:

      1.   The parking facility is within five hundred feet (500') of the proposed use.

      2.   There will be no substantial conflict between the principal operating hours of the uses for which joint use of parking facilities is proposed, and no conflicting demands for parking by employees, customers or clients.

      3.   Where necessary, the applicant shall present an appropriate and enforceable lease or agreement, executed by the parties for the joint use. The term of the lease or agreement shall be for the duration of time that each use exists at the said location. (Ord. 2000-03, 9-13-2000)

   A.   Purpose: The intent of off-street loading requirements is to avoid traffic hazards and minimize congestion of streets by requiring that off-street loading areas be provided on the same lot as the building served by delivery trucks, and that such areas be adequate in size and number to provide the service needed without affecting adjacent properties.

   B.   Design Of Loading Spaces:

      1.   Off-street loading spaces shall be provided on the same lot as the use they serve, and shall not occupy the front yard of the lot.

      2.   Each loading space shall be designed to have access to a street or alley in a manner that does not interfere with traffic movement.

      3.   Each loading space shall be at least ten feet by twenty five feet (10' x 25') in size or designed to accommodate the largest service trucks expected to serve the use.

      4.   All or part of the off-street loading requirements may be met by loading facilities within buildings.

   C.   Number Of Off-Street Loading Spaces: One off-street loading space shall be provided for every industrial, institutional and commercial use having a gross floor area of five thousand (5,000) square feet, plus one additional loading space for each additional ten thousand (10,000) square feet of floor space. (Ord. 2000-03, 9-13-2000)

   A.   Purpose: Sign regulations are intended to promote and protect the public safety and welfare by regulating existing and proposed outdoor advertising signs and signs of all types. The purpose of this section is to protect property values, create a more attractive economic and business climate, enhance and protect the physical appearance of the community, and preserve the scenic and natural beauty of designated areas by regulating existing and proposed outdoor advertising signs, and outdoor signs of all types. It is further intended to reduce sign or advertising distraction and obstructions that may contribute to traffic accidents, reduce hazards that may be caused by signs overhanging or projecting over public rights of way, provide more open space, curb the deterioration of the natural environment and enhance community development. Nothing in this regulation is intended to interfere with constitutional rights related to free speech.

   B.   Signs Permitted In All Districts Without A Permit: The following signs are permitted in all zoning districts and do not require a permit:

      1.   Signs advertising the sale, lease or rental of the premises upon which the sign is located, and which do not exceed twelve (12) square feet in area, except in all residential districts where the area of the sign shall not be more than six (6) square feet.

      2.   Signs bearing only property numbers, post box numbers, names of occupants of premises, or other identification of premises not having commercial connotations.

      3.   Flags and insignia of any government except when displayed in connection with commercial promotion.

      4.   Legal notices, identification, information or directional signs erected or required by governmental bodies.

      5.   Integral decorative or architectural features of buildings, except letters, trademarks, moving parts, or moving lights.

      6.   Signs directing and guiding traffic and parking on private property, but bearing no advertising matter.

      7.   Bulletin boards for churches, schools, or other public, religious or educational institution provided the sign is located a minimum of ten feet (10') from the established right-of-way line of any street or highway and does not obstruct traffic visibility at street or highway intersections.

      8.   Political or campaign signs erected temporarily and removed no later than fifteen (15) days following the election.

   C.   Regulations For On-Site Signs: All on-site signs permitted as accessory uses in business and industrial districts are subject to the following provisions:

      1.   Setback: No on-site freestanding sign may be located within the required front, side or rear yard area for the district. No sign may be erected or placed closer than fifty feet (50') from a side or rear lot line abutting a residential district.

      2.   Height: No freestanding sign shall exceed seventy five feet (75') in height.

      3.   Height Clearance: Signs that extend over a sidewalk or walkway shall have a vertical clearance of at least eight feet (8').

      4.   Number Of Signs Permitted: In business and industrial districts, each use is permitted one wall sign. In addition, one freestanding sign is permitted for each building, regardless of the number of businesses or industrial uses conducted in the building.

      5.   Permitted Surface Area: The total surface area of all signs is limited to two (2) square feet of sign for each lineal foot of front width of the business or industrial building, provided that the maximum total surface area for all signs does not exceed one hundred (100) square feet.

   D.   Regulation Of Off-Site Signs Requiring A Permit:

      1.   Setback: No off-site freestanding sign may be located within the required front, side or rear yard area for the district. No sign may be erected or placed closer than fifty feet (50') from a side or rear lot line abutting a residential district.

      2.   Lighting: Any illuminated sign or lighting device may employ only light emitting a light of constant intensity, and no sign may be illuminated by or contain flashing, intermittent, rotating, or moving lights. An illuminated sign or lighting device may not be placed or directed so that the beams and illumination therefrom cause glare or reflection that may constitute a traffic hazard or nuisance. All wiring, fittings and materials used in the construction, connection and operation of electrically illuminated signs shall be in accordance with the provisions of the state electrical code.

      3.   Area: No off-site sign may exceed thirty two (32) square feet in area.

      4.   Height: No off-site sign shall exceed thirty five feet (35') in height as measured from the normal grade at the sign. (Ord. 2000-03, 9-13-2000)

Whenever a nonresidential use or off-street parking area abuts a residential use, the use shall be effectively screened at the property line on all sides which adjoin or face the residential district or institutional use by an acceptably designed, sight- obscuring wall, fence or planting screen. The fence, wall, or planting screen shall be not less than four feet (4') nor more than six feet (6') in height and shall be maintained in good condition. Where terrain or other natural features effectively serve as a screen, no wall, fence or planting screen is required. (Ord. 2000-03, 9-13-2000)

   A.   Purpose: The purpose of this section is to allow, with adequate review, flexibility in design of developments that do at least several of the following:

      1.   Encourage development with mixed uses, particularly a variety of housing types and densities.

      2.   Create or preserve usable open space and recreation areas.

      3.   Preserve the natural characteristics of the land including topography, native vegetation and scenic views.

      4.   Avoid construction in unsuitable areas.

      5.   Encourage creativity in design, including flexibility in residential siting to achieve energy conservation.

      6.   Allow efficient provision of streets, utilities and other services.

      7.   Provide lower cost housing affordable by low and moderate income families within the community.

   B.   Definition: A "planned unit development (PUD)" is a land development project designed and planned as a single entity under a plan that offers a variety of land uses, housing types and densities, and design features in addition to those allowed by right or condition in the zoning district.

   C.   Application And Review:

      1.   Any person requesting approval of a planned unit development shall submit an application for conditional use under the provisions of section 12-1-11 of this title. The application shall be accompanied by the required review fees and a PUD plan, described below.

      2.   The PUD plan shall provide the following:

         a.   A vicinity map showing the location of the site in relationship to surrounding areas and showing the existing land uses and zoning of the site and surrounding properties.

         b.   A map drawn to approximate scale showing:

            (1)   Location, types and heights of existing and proposed buildings and other structures, including density and number of dwelling units or other uses of each structure.

            (2)   Existing and proposed streets, alleys, bikeways, pedestrian walkways, and vehicle circulation patterns, off street parking areas.

            (3)   Locations, dimensions and sizes of common and open space areas, and a landscaping plan showing areas to be landscaped and those that will be left in a natural state.

            (4)   Physical features such as streams, ponds, canals, rights of way, utilities.

         c.   A written statement describing:

            (1)   A schedule for installing improvements, developing lots and constructing structures.

            (2)   Proposed types of ownership of dwelling units and other uses, and restrictive covenants, if any.

            (3)   Means of providing maintenance of common facilities and open space areas.

      3.   A PUD will be reviewed and approved under the procedures for conditional uses pursuant to section 12-1-11 of this title. Where the proposed PUD is subject to review as a subdivision under the Montana subdivision and platting act, the zoning commission and planning board shall hold joint and concurrent review, including a joint public hearing(s). Notice of each hearing shall be given in the manner prescribed by this title and the municipality's subdivision regulations.

      4.   A PUD must conform to the conditions prescribed by the zoning commission pursuant to subsection 12-1-11B3 of this title. (Ord. 2000-03, 9-13-2000)

Permitted lot coverage will be fifty percent (50%) free and fifty percent (50%) occupied.

(Ord. 2005-01, 5-30-2005, eff. 6-30-2005; amd. Ord. 2020-01, 6-8-2020)

   A.   Authorization:

      1.   The City of Forsyth will implement an expedited conditional use permitting process allowing up to six (6) chicken hens (female Gallus gallus domesticus) that may be on a premises subject to the following requirements and subject to all other applicable provisions of this code.

      2.   The chicken hens must be kept on a single-family parcel(s). Chicken hens are prohibited on any multi-dwelling parcel(s).

   B.   Permitting Process:

      1.   Through the permitting process, the City of Forsyth will establish reasonable permitting conditions. The permit fee is twenty-five dollars ($25.00) annually. Permitting conditions are subject to oversight by the City council.

      2.   The owner must obtain an annual permit from the City of Forsyth, City Hall. The fee(s) for this permit will be determined by the City Council Resolution and may be periodically adjusted.

   C.   Revocation Of Permit:

      1.   The City council designee may, based on violations of this section, revoke such permit. The revocation must be in writing and identify the reasons for the revocation.

      2.   The City council may designate officials to serve as enforcement officers including law enforcement officers, zoning officer, mayor, code enforcement officer, other. The enforcement officers have authority to take reasonable steps to enforce this code including access to property with appropriate notice to the property owner.

      3.   The revocation decision of the City council designee may be appealed to the City council.

   D.   Specific Rules For Maintaining Chickens: Specific guidelines are hereby provided associated with the maintenance of chickens.

      1.   The chicken hens shall be provided with a covered, predator-proof chicken house that is thoroughly ventilated, of sufficient size to allow free movement of the chicken hens, designated to be easily accessed, cleaned and maintained by the owners, be at least two (2) square feet per chicken hen and the coop and enclosure cannot be more that twelve feet (12') at its peak in height.

      2.   Chicken coops must be set back a minimum of ten feet (10') from all property lines as measured from the nearest wall of the coop.

      3.   The chicken hens shall be shut into the chicken house at night, from sunset to sunrise.

      4.   During daylight hours the chicken hens shall have access to the chicken house and, weather permitting, shall have access to an outdoor enclosure on the subject property, adequately fenced to contain the chicken hens to prevent access to the chicken hens by predators.

      5.   Chickens must be kept twenty feet (20') from any door/window of any neighboring residence.

      6.   Stored feed must be kept in rodent and predator proof containers.

      7.   It is unlawful for the owner, custodian or keeper of any chicken hen to allow the chicken(s) to be a nuisance to any neighbors, including but not limited to: noxious odors from the chickens or their enclosures (See Code Title 5, Chapter 1, Nuisance; See Code Title 5, Chapter 6, Animal Waste) and noise of a loud and persistent and habitual nature (See Code Title 7, Chapter 3, Animal Control).

      8.   No chicken hen(s) shall be allowed to run at large in the City. No owner or keeper shall allow or permit any chicken hen(s) to be at large off the owner's or keeper's property. Any chicken hen(s) found running at large in the City or on private property in violation of this section is a public nuisance and shall be impounded (See Code Title 7, Chapter 3).

      9.   No chicken house or chicken enclosure shall be located in a front yard.

      10.   No chicken hens shall be slaughtered within view of adjacent property or the public.

   E.   Maintaining Chickens Without Permit: Unless a permit under this section is obtained, maintaining chickens shall constitute a zoning violation in accordance with Forsyth City Code.

   F.   Changes To Provisions Of This Code: Changes to standards contained in this section shall require any permit holder to comply with any new standard, regulation, or condition and no notice to a permit holder is required prior to enforcement of any new standard beyond that required for adoption of a new or revised ordinance.

   G.   Penalties: Violation of any section of this code is considered to be a municipal infraction and the consequence(s) for violation are outlined in Title 1, Chapter 4.

(Ord. 2022-06, 1-16-2023)