Within the incorporated Municipal limits of the City of Forsyth, zoning districts are hereby established and are shown on the official zoning map described in section 12-1-6 of this title. This chapter sets forth the specific requirements which must be met by any proposed building, structure or use located within each district. (Ord. 2000-03, 9-13-2000)

Where uncertainty may exist as to the location of district boundaries as shown on the official zoning map, the following rules shall apply in interpreting the nearest logical line to that shown:

   A.   Boundaries shall be construed as following the centerline of streets, highways or alleys.

   B.   Boundaries shall be construed as following the centerline of streams, rivers, canals or ditches.

   C.   Boundaries shall be construed as following a line midway between the main tracks of a railroad right-of-way.

   D.   Boundaries shall be construed as following platted lot lines.

   E.   Boundaries shall be construed as following the boundaries of the incorporated City limits.

   F.   Boundaries shall be construed as parallel to or extensions of features indicated on the official zoning map.

   G.   Where physical or cultural features existing on the ground are different from those shown on the official zoning map, or where circumstances arise not covered by the rules above, the Board of Adjustment shall interpret the district boundaries. (Ord. 2000-03, 9-13-2000)

   A.   Purpose: This district is intended to provide for the development of single-family residences and two-family residences at a density compatible with existing residential development. This district also accommodates those institutional and public uses compatible with residential neighborhoods.

   B.   Permitted Principal Uses: The following uses are permitted within this district:

      Assisted living facility.

      Churches.

      Libraries, museums, schools; public or private.

      Nursing homes.

      Parks, playgrounds, recreational facilities.

      Single-family dwellings, constructed on site or assembled as modular homes, and Class A mobile homes.

      Two-family dwellings.

      Where licensed by the Montana Department of Public Health and Human Services, group homes serving disabled persons, halfway houses providing drug or alcohol rehabilitation, adult foster family daycare facilities, and group daycare homes serving twelve (12) or fewer children.

      Youth foster homes or youth group homes.

   C.   Conditional Uses: The following uses must comply with the additional conditions specified below. Approval of these conditional uses must be obtained from the Zoning Commission under the provisions of section 12-1-11 of this title.

 

 

   D.   Accessory And Temporary Uses Permitted: The following accessory and temporary uses are permitted in this district:

      Accessory buildings and uses incidental to the above principal uses.

      Home occupations under the requirements of section 12-2-3 of this title.

      Temporary buildings for and during construction only.

   E.   Lot Area And Width: Except for existing lots of record which, because of ownership, cannot be reassembled to conform to this requirement, the following lot areas and widths are required:

      1.   Single-Family Dwelling: Each lot shall contain a minimum of seven thousand (7,000) square feet, and be at least fifty feet (50') wide.

      2.   Two-Family Dwellings: Each lot shall contain a minimum of eight thousand (8,000) square feet, and be at least fifty feet (50') wide.

      3.   On-Site Water And Sewage: Where either or both water supply and sewage treatment will be provided on-site, the minimum lot size shall be determined by the Montana Department of Environmental Quality.

   F.   Yard Requirements: Every lot shall have the following yard requirements as measured from the farthest extension of the structure:

      1.   Front Yard: A twenty five foot (25') yard shall be provided on all street frontages (as measured from the curb line, drainage swale or equivalent drainage facility). Corner lots shall be construed as having two (2) frontages, each of which shall require a twenty five foot (25') yard.

      2.   Side Yard: Side yards abutting interior lot lines shall not be less than five feet (5').

      3.   Rear Yard: A rear yard of at least fifteen feet (15') shall be provided, except where a garage is located within the rear yard, the rear yard may be reduced to three feet (3').

   G.   Building Height: Maximum height for all buildings and other structures shall be thirty feet (30').

   H.   Signs: The following signs are permitted in this district:

      1.   For residential uses, nonilluminated signs a maximum of eight (8) square feet in area.

      2.   For all other uses, nonilluminated signs, including bulletin boards at schools and churches, not exceeding sixteen (16) square feet in area, provided the sign is located at least ten feet (10') from any road right-of-way and does not obstruct traffic visibility. (Ord. 2000-03, 9-13-2000; amd. Ord. 2017-01, 3-13-2017; Ord. 2020-01, 6-8-2020)

   A.   Purpose: The purpose of this district is to recognize the existing residential neighborhoods of the community as well as those areas which are deemed appropriate for residential expansions. A variety of residential types and densities, including multiple-family and mobile homes, will be accommodated to provide a balance of housing types within the community. It is intended that this district be maintained and expanded to preserve the residential attractiveness in a mixed use atmosphere. This district also will accommodate those institutional and public uses compatible with residential neighborhoods.

   B.   Permitted Principal Uses: The following uses are permitted within this district:

      All mobile homes in mobile home parks.

      Assisted living facility.

      Boarding houses.

      Churches and other places of worship.

      Class B and Class C mobile homes under the special provisions of subsection E of this section.

      Libraries, museums.

      Multiple-family dwellings.

      Nursing homes.

      Parks and recreation facilities.

      Public or private schools.

      Single-family dwellings, constructed on-site, assembled as modular homes, and Class A mobile homes.

      Where licensed by the Montana Department of Public Health and Human Services, group homes serving disabled persons, halfway houses providing drug or alcohol rehabilitation, adult foster family daycare facilities, and group daycare homes that serve twelve (12) or fewer children.

      Youth foster homes or youth group homes.

   C.   Conditional Uses: The following uses must comply with the additional conditions specified below. Approval of these conditional uses must be obtained from the Zoning Commission under the provisions of section 12-1-11 of this title.

 

 

   D.   Accessory And Temporary Uses Permitted: The following accessory and temporary uses are permitted in this district:

      Accessory buildings and uses incidental to the above uses.

      Home occupations under the requirements of section 12-2-3 of this title.

      Temporary buildings for and during construction only.

   E.   Special Provisions For Class B And Class C Mobile Homes:

 

 

   F.   Yard Requirements: Every lot shall have the following yard requirements as measured from the farthest extension of the structure:

      1.   Front Yard: A twenty five foot (25') yard shall be provided on all street frontages (as measured from the curb line, drainage swale or equivalent drainage facility). Corner lots shall be construed as having two (2) frontages, each of which shall allow a twenty five foot (25') yard with the exception of corner lots located on streets with sixty foot (60') rights-of-way, which shall allow for a twenty foot (20') yard or a yard that matches the established building line on that block.

      2.   Side Yard: Side yards abutting interior lot lines shall not be less than five feet (5').

      3.   Rear Yard: A rear yard of at least fifteen feet (15') shall be provided, except where a garage is located within the rear yard, the rear yard may be reduced to three feet (3').

   G.   Lot Area And Width: Except for existing lots of record which, because of ownership, cannot be reassembled to conform to this requirement, the following lot areas and widths are required:

      1.   Single-family dwellings: Each lot shall contain a minimum of seven thousand (7,000) square feet, and be at least fifty feet (50') wide.

      2.   Multiple-family dwellings: Each lot shall contain a minimum of four thousand (4,000) square feet per dwelling unit, and be at least fifty feet (50') wide.

   H.   Building Height: Maximum building height shall be thirty feet (30') for one- and two-family dwellings and forty feet (40') for multiple-family dwellings consisting of more than two (2) units.

   I.   Signs: The following signs are permitted in this district:

      1.   For residential uses, nonilluminated signs less than eight (8) square feet in area.

      2.   For all other uses, nonilluminated signs, including bulletin boards at schools and churches, not exceeding sixteen (16) square feet in area, provided the sign is located at least ten feet (10') from any street right-of-way. (Ord. 2000-03, 9-13-2000; amd. Ord. 2017-01, 3-13-2017; Ord. 2020-01, 6-8-2020)

   A.   Purpose: The Central Business District is intended to be the central focus of the City's business, government, service and cultural activities. The uses in this district should be those that are appropriate in a high density, intensively developed commercial center. The area should be developed as an attractive, functional and convenient commercial environment, and to provide the mix of activities necessary to maintain the downtown character. (Ord. 2000-03, 9-13-2000)

   B.   Permitted Principal Uses: The following uses are permitted within this district:

Amusement centers, recreational facilities located in enclosed buildings.

Apartments, located above the first floor.

Assisted living facility.

Auditoriums, theaters.

Bars, taverns, lounges, nightclubs, in accordance with subsection 12-2-6J of this title.

Building materials and equipment sales.

Clubs and lodges.

Financial institutions.

Funeral homes.

Government, educational and institutional uses.

Hotels, motels.

Libraries.

Medical and dentist offices, clinics and laboratories.

Museums and art galleries.

Nursing homes.

Offices; professional, business, administrative, services.

Parking areas.

Police and fire stations.

Recreational facilities.

Restaurants, but not drive-in eating establishments.

Retail businesses or services, whose activities primarily are conducted within an enclosed building.

Sales, service and repair; motor vehicles (including service stations) agricultural implements, equipment and materials.

Senior citizen centers.

Other uses commensurate with the above uses and compatible with the purpose of this district. (Ord. 2000-03, 9-13-2000; amd. Ord. 2017-01, 3-13-2017)

   C.   Accessory And Temporary Uses:

Accessory buildings and uses incidental to the principal uses.

Sale of Christmas trees, baked goods, clothing or like products where no permanent structure is erected.

Temporary buildings or structures used for and during construction or grading.

Temporary signs.

Temporary use of open land for meetings, circuses and carnivals.

   D.   Lot Area And Width:

      1.   Where public water and sewer service is available, no minimum lot size is required.

      2.   Where Montana Department of Environmental Quality approval of water or sewer facilities is required, that agency shall determine the minimum lot size.

   E.   Building Height: Maximum building height shall be sixty five feet (65'). In newly constructed buildings that exceed thirty feet (30') in height, automatic sprinkler systems must be provided with a pump or lift station to ensure sufficient water pressure to operate the sprinkler system on the top floor.

   F.   Yard Requirements:

      1.   Front Yard: Any building or structure must be set back at least eight feet (8') from the curb or street pavement.

      2.   Side Yard: No side yards are required.

      3.   Rear Yard: No rear yards are required.

   G.   Signs: All signs must comply with requirements of section 12-2-9 of this title.

   H.   Off-Street Parking: No off-street parking is required in the Central Business District. (Ord. 2000-03, 9-13-2000)

   A.   Purpose: This district is intended to accommodate general business uses while preserving the traffic capacity of the street system and the desirability to adjacent residential development. The area should be developed as an attractive, functional and convenient commercial development.

   B.   Permitted Principal Uses: The following uses are permitted within this district:

Amusement centers, recreational facilities located in enclosed buildings.

Auditoriums, theaters.

Bars, taverns, lounges, nightclubs, in accordance with subsection 12-2-6J of this title.

Beverage bottling and distributing.

Building materials and equipment sales.

Clubs and lodges.

Financial institutions.

Funeral homes.

Government, educational and institutional uses.

Hotels, motels.

Libraries.

Medical and dentist offices, clinics and laboratories.

Multi-family dwellings.

Museums and art galleries.

Nursing homes.

Offices; professional, business, administrative, government and services.

Parking areas.

Police and fire stations.

Recreational facilities.

Restaurants, drive-in eating establishments.

Retail businesses or services.

Sales, service and repair; motor vehicles (including service stations), agricultural implements, equipment and materials.

Senior citizen centers.

Single-family dwellings.

Other uses commensurate with the above uses and compatible with the purpose of this district. (Ord. 2008-03, 1-8-2009)

   C.   Conditional Uses: The following uses must comply with the additional conditions specified below. Approval of these conditional uses must be obtained from the zoning commission under the provisions of section 12-1-11 of this title.

 

   D.   Accessory And Temporary Uses:

      1.   Accessory buildings and uses incidental to the principal uses.

      2.   Temporary buildings or structures used for and during construction or grading.

      3.   Temporary signs.

      4.   Temporary use of open land for meetings, circuses, carnivals.

      5.   Sale of Christmas trees, baked goods, clothing or like products where no permanent structure is erected.

   E.   Lot Area:

      1.   Where public water and sewer service is available, no minimum lot size is required.

      2.   Where Montana department of environmental quality approval is required, that agency shall determine the minimum lot size.

      3.   Where neither of the above conditions apply, the minimum lot size shall be one acre.

   F.   Height Requirements: No building or structure may exceed forty five feet (45') in height. In newly constructed buildings that exceed thirty feet (30') in height, automatic sprinkler systems must be provided with a pump or lift station to ensure sufficient water pressure to operate the sprinkler system on the top floor.

   G.   Yard Requirements:

      1.   Front Yard: A front yard of at least twenty feet (20') shall be on all road frontages.

      2.   Side Yard: Side yards abutting interior lot lines shall be at least ten feet (10').

      3.   Rear Yard: A rear yard of at least ten feet (10') shall be provided.

   H.   Signs: Signs within this district shall comply with the provisions of section 12-2-9 of this title.

   I.   Access Onto Public Roads:

      1.   Approaches onto public roads and highways shall be at least twenty four feet (24') wide.

      2.   Approaches onto public roads and highways shall have a grade of six percent (6%) or less.

      3.   Approaches onto public roads or highways shall be at least one hundred twenty five feet (125') apart. The center line of approaches from properties on opposite sides of a public road shall be aligned at the same point on the public road.

   J.   Grading And Drainage:

      1.   The site shall be graded and appropriate drainage facilities installed to remove surface runoff waters in a manner that will not affect adjacent or nearby properties, rivers or public roads.

      2.   Culverts, curbs, gutters, ditches, swales and other drainage facilities shall be installed to assure that approaches, parking areas and other traffic facilities do not obstruct drainage facilities or adversely affect public road and traffic facilities.

      3.   Culverts and bridges shall be large enough to accommodate potential runoff from upstream drainage areas.

      4.   Curbs and gutters or swales shall be required according to the character of the area, density of development, and nature of adjoining properties and public streets.

   K.   Screening And Buffering: Where a nonresidential use in this district abuts a residential use or district, the screening and buffering provisions of section 12-2-10 of this title must be met.

   L.   Fencing: The following uses must be protected by a fence not less than six feet (6') in height: 1) outdoor storage of materials or equipment, 2) aboveground storage of flammable liquids, gases, or other material, and 3) electrical substations, gas regulator stations and microwave reflectors.

   M.   Lighting: Lighting must be shielded to avoid casting direct light on adjacent residential uses or institutional uses providing human care. (Ord. 2000-03, 9-13-2000)

   A.   Purpose: This district is intended to provide for efficient and functional operation of heavy commercial, manufacturing, processing, and other industrial uses in appropriate locations. Industrial uses which produce noise, smoke, dirt, vibration, glare or similarly obtrusive nuisances shall be regulated to minimize the impact on the public health and safety. These activities generally require reasonable access to major transportation facilities, need extensive open storage and service areas and generate heavy traffic. To help ensure efficiency and function of industrial uses, protection from incompatible residential and commercial uses is necessary.

   B.   Permitted Uses:

      1.   All uses associated with operations of railroads.

      2.   Automobile, truck, farm machinery, heavy equipment repair.

      3.   Agricultural products processing, storage, loading; grain elevators.

      4.   Cement, concrete and paving products, including mixing plants.

      5.   Freight terminals, truck or rail.

      6.   Industrial laboratories.

      7.   Manufacturing or processing: a) products from organic material, chemicals, glass, metal, minerals, stones or earth, b) foodstuffs, textiles, electrical components, wood, leather, paper, or plastic.

      8.   Fabrication or assembly of products from prestructured materials or compounds.

      9.   Signs, billboards.

      10.   Storage yards.

      11.   Utilities.

      12.   Welding or sheet metal shops.

      13.   Warehousing.

   C.   Conditional Uses: The following uses must comply with the additional conditions specified below. Approval of these conditional uses must be obtained from the zoning commission under the provisions of section 12-1-11 of this title.

 

 

   D.   Accessory And Temporary Uses Permitted:

      1.   Accommodations for caretakers, watchmen and custodians.

      2.   Outdoor storage of merchandise or inventory.

      3.   Temporary buildings or other structures for and during construction or grading.

      4.   Use of open land for meetings, circuses or carnivals.

      5.   Sale of Christmas trees, baked goods, clothes or like products where no permanent structure is erected.

   E.   Lot Area:

      1.   Where public water and sewer service is available, no minimum lot size is required.

      2.   Where Montana department of environmental quality approval is required, that agency shall determine the lot size.

      3.   Where neither of the above conditions apply, the minimum lot size shall be one acre.

   F.   Yard Requirements:

      1.   Front Yard: A fifty foot (50') front yard must be provided along any street frontage.

      2.   Side Yard: Side yards abutting interior lot lines must be at least twenty five feet (25').

      3.   Rear Yard: Rear yards must be at least twenty feet (20').

   G.   Height Requirement: There is no maximum height limitation.

   H.   Signs: All signs shall conform to the provisions prescribed in section 12-2-9 of this title.

   I.   Access Onto Public Roads:

      1.   Approaches onto public roads and highways shall be at least thirty two feet (32') wide.

      2.   Approaches onto public roads and highways shall have a grade of six percent (6%) or less.

      3.   Approaches onto public roads or highways shall be at least one hundred twenty five feet (125') apart. Center line of approaches from properties on opposite sides of a public road shall be aligned at the same point on the public road.

   J.   Grading And Drainage:

      1.   The site shall be graded and appropriate drainage facilities installed to remove surface runoff waters in a manner that will not affect adjacent or nearby properties, rivers or public roads.

      2.   Culverts, curbs, gutters, ditches, swales and other drainage facilities shall be installed to assure that approaches, parking areas and other traffic facilities do not obstruct drainage facilities or adversely affect public road and traffic facilities.

      3.   Culverts and bridges shall be large enough to accommodate potential runoff from upstream drainage areas.

      4.   Curbs and gutters or swales shall be required according to the character of the area, density of development, and nature of adjoining properties and public streets.

   K.   Screening And Buffering: Where a nonresidential use in this district abuts a residential use of another district, the screening and buffering provisions of section 12-2-10 of this title must be met.

   L.   Fencing: The following uses must be protected by a fence not less than six feet (6') in height: 1) outdoor storage of materials or equipment, 2) aboveground storage of flammable liquids, gases, or other material, and 3) electrical substations, gas regulator stations and microwave reflectors.

   M.   Lighting: Lighting must be shielded to avoid casting direct light on adjacent residential uses or institutional uses providing human care. (Ord. 2000-03, 9-13-2000)

   A.   Purpose: This district is intended to accommodate the business and light industrial uses which require more space than is normally available in the Central Business District, or whose operations require access to the major transportation facilities serving the community. The district should accommodate these uses while preserving the traffic carrying capacity of the road system, and the desirability of abutting land for residential development. (Ord. 2011-01, 2-28-2011)

   B.   Permitted Principal Uses: The following uses are permitted within this district:

All uses pertaining to automobile and truck sales, service and repair, including service station and car washes.

Amusement centers and recreational facilities located in enclosed buildings.

Assisted living facility.

Bars, taverns, lounges, nightclubs.

Beverage bottling and distributing.

Building equipment and materials - wholesale and retail, including storage yards.

Churches or other buildings used primarily for religious purposes.

Electric equipment - assembly, repair and sales.

Fraternal lodges, clubs.

Laboratories.

Laundry and dry cleaning establishments.

Meeting halls, auditoriums, arenas, indoor theaters.

Motels, hotels, convention centers.

Multi-family dwellings.

Nursing homes.

Outdoor advertising.

Police or fire stations.

Restaurants and drive-in eating establishments.

Retail and wholesale sales, service and repair - agricultural products, products serving agriculture, farm implements, heavy machinery, mobile homes, travel trailers, recreational vehicles.

Single-family dwellings.

Storage yards.

Utilities, public or private.

Veterinary office, clinic, hospital.

Warehouses.

Other uses commensurate with the above uses and compatible with the purpose of this district. (Ord. 2011-01, 2-28-2011; amd. Ord. 2017-01, 3-13-2017)

   C.   Conditional Uses: The following uses must comply with the additional conditions specified below. Approval of these conditional uses must be obtained from the Zoning Commission under the provisions of section 12-1-11, "Conditional Use Permits", of this title.

 

   D.   Accessory And Temporary Uses:

Accessory buildings and uses incidental to the principal uses.

Sale of Christmas trees, baked goods, clothing or like products where no permanent structure is erected.

Temporary buildings or structures used for and during construction or grading.

Temporary signs.

Temporary use of open land for meetings, circuses, carnivals and fireworks stands.

All to meet City of Forsyth and State Fire Code requirements.

   E.   Lot Area:

      1.   Where public water and sewer service is available, minimum lot size of twenty five feet (25') wide by twenty five feet (25') long.

      2.   Where Montana Department of Health and Environmental Sciences approval is required, that agency shall determine the lot size.

      3.   Where neither of the above conditions apply, the minimum lot size shall be one (1) acre.

   F.   Height Requirements: Maximum building height shall be sixty five feet (65'). In newly constructed buildings that exceed thirty feet (30') in height, automatic sprinkler systems must be provided with a pump or lift station to ensure sufficient water pressure to operate the sprinkler system on the top floor.

   G.   Yard Requirements: Yard requirements based on the use of the facility with City of Forsyth regulation.

   H.   Off Street Parking And Loading:

      1.   Off street parking facilities must comply with the provisions of the Zoning Code.

      2.   Off street loading areas must comply with the provisions of the Zoning Code.

   I.   Signs: Signs within this district shall comply with the provisions of the Zoning Code.

   J.   Access Onto Public Roads:

      1.   Approaches onto public roads and highways shall be at least thirty two feet (32') wide.

      2.   Approaches onto public roads and highways shall have a grade of six percent (6%) or less.

      3.   Approaches onto public roads or highways shall be at least one hundred twenty five feet (125') apart. The centerline of approaches from properties on opposite sides of a public road shall be aligned at the same point on the public road.

   K.   Grading And Drainage:

      1.   The site shall be graded and appropriate drainage facilities installed to remove surface runoff waters in a manner that will not affect adjacent or nearby properties, rivers or public roads.

      2.   Culverts, curbs, gutters, ditches, swales and other drainage facilities shall be installed to assure that approaches, parking areas and other traffic facilities do not obstruct drainage facilities or adversely affect public roads and traffic facilities.

      3.   Culverts and bridges shall be large enough to accommodate potential runoff from upstream drainage areas.

      4.   Curbs and gutters or swales shall be required according to the character of the area, density of development, and nature of adjoining properties and public streets.

   L.   Screening And Buffering: Where a nonresidential use in this district abuts a residential use of district, screening and buffering provisions must be met.

   M.   Fencing: The following uses must be protected by a fence not less than six feet (6') in height and meets State codes for the following: 1) outdoor storage of materials or equipment, 2) aboveground storage of flammable liquids, gases, or other hazardous material, and 3) electrical substations, gas regulator stations and microwave reflectors. The storage of materials such as flammable liquids, gases or other hazardous materials, must still meet other applicable Federal, State, and local laws and permits required for their storage.

   N.   Lighting: Lighting must be shielded to avoid casting direct light on adjacent residential uses or institutional uses providing human care. (Ord. 2011-01, 2-28-2011)