(a)

For the purpose of regulating, classifying and restricting the location of trades, industries and enterprises, and the location of the buildings designed, erected or altered for specified uses, and limiting the height and size of such buildings, and the use of lot areas, and regulating and limiting the density of population in the city and regulating and determining the areas of the yards and other open spaces surrounding buildings hereafter erected, and preventing additions to, and alterations or remodeling of, existing buildings or structures in such a manner as to avoid the restrictions and limitations in this article contained, the city is hereby divided into four districts termed respectively as follows:

(1)

"A" Residence District;

(2)

"B" Residence District;

(3)

"C" Commercial District;

(4)

"E" Unrestricted District.

(b)

The boundaries of the districts shall be defined as in section 42-83.

(Code 1955, § 21-2; Ord. No. 653, § 1, 8-5-1953)

Except as hereinafter provided, no building shall be erected or structurally altered to exceed in height the limit herein established for the district in which such building is located. No lot area shall be so reduced or diminished that the yard or other open spaces shall be smaller than prescribed by this article nor shall the lot area per family be reduced except in conformity with area regulations hereby established for the district in which such building is located. No building shall be erected or structurally altered, nor shall any building or premises be used for any purpose other than that permitted in the district in which such building or premises are located.

(Code 1955, § 21-3; Ord. No. 653, § 1, 8-5-1953)

(a)

This article shall not be deemed to limit or restrict the height of belfries, chimneys, clock towers, cooling towers, elevators, bulkheads, grain elevators, penthouses, stacks, water towers, ornamental towers, wireless towers or any similar appurtenances to buildings, but these structures shall be subject to such restrictions and regulations as may be imposed by other ordinances.

(b)

Churches, public or semipublic buildings, hospitals, schools, colleges and private clubs may exceed the height restrictions of the district in which they are constructed, provided such structures shall have side yards on both sides complying with the area regulations of the district, and in addition, the side yards shall be increased one foot in width for each five feet that the height of the building exceeds the height regulations of the district.

(c)

No fence exceeding three feet in height shall be constructed in an A or B residence district.

(Code 1955, § 21-9; Ord. No. 653, § 7, 8-5-1953)

(a)

Where churches, schools, hospitals or colleges are located in any A residence district or B residence district and have no portion used as a place for habitation, the depth of the rear yard may be reduced to six feet.

(b)

The front, side and rear yards shall be waived where dwellings are erected above stores, shops or other commercial uses.

(c)

No lot area shall at any time be so reduced or diminished that the front, rear, or side yards shall be smaller than prescribed by this chapter.

(d)

Every part of a required yard shall be open from its lowest point to the sky, unobstructed, except for the ordinary projection of sills, belt courses, cornices and ornamental features, provided that open or lattice-enclosed fire escapes, fireproof outside stairways and balconies opening into fire towers, projecting into a yard not more than five feet, and the ordinary projections of chimneys and flues, bay or breast windows not over 15 feet long and projecting not more than 18 inches, may be permitted by the building inspector where the same are so placed as not to obstruct the light or ventilation.

(e)

If a residential building is to be erected in the rear of an existing or proposed building on an inside lot, there shall be side yards provided the same as if the building were on a separate lot and there shall be provided a front yard or open space between the rear lot line of the house in front and the rear house of not less than 20 feet. No area shall be included twice in providing the yards for the different buildings, and no rear yard need be provided for such rear building.

(f)

On any corner lot in which a front yard is required by this chapter, no wall, fence or other structure shall be erected, and no hedge, shrub, tree or other growth shall be maintained in such location between such front yard line and the street line as to cause danger to traffic by obscuring the view.

(g)

Special exceptions. The board of adjustment shall hear and decide only such special exceptions as authorized by the terms of this chapter. A special exception shall not be granted by the board of adjustment unless and until the board shall make written findings certifying compliance with the specific rules governing individual special exceptions and that satisfactory provision and arrangement has been made concerning the following, where applicable:

(1)

Ingress and egress to property and proposed structures thereon with particular reference to automotive and pedestrian safety and convenience, traffic flow and control, and access in case of fire or catastrophe;

(2)

Off-street parking and loading areas, where required, with particular attention to the items in subsection (g)(1) of this section and the economic, noise, glare or odor effects of the special exception on adjoining properties and properties generally in the district;

(3)

Refuse and service areas, with particular reference to the items in subsections (g)(1) and (2) of this section;

(4)

Utilities, with reference to locations, availability and compatibility;

(5)

Screening and buffering with reference to type, dimensions and character;

(6)

Signs, if any, and proposed exterior lighting with reference to glare, traffic safety, economic effect and compatibility and harmony with properties in the district.

(Code 1955, § 21-10; Ord. No. 653, § 8, 8-5-1953; Ord. No. 813, § 10, 8-3-1981)

The city clerk-treasurer shall maintain an official zoning map. Said official zoning map shall be identified by the signature of the mayor and shall truly reflect the boundaries of each zoning district as set forth by this chapter. Said official zoning map shall be located in the office of the city clerk-treasurer and shall be updated from time to time as required by the city clerk-treasurer and be available for public inspection as necessary.

(Code 1955, § 21-11.1; Ord. No. 813, § 9, 8-3-1981)

A map of the city showing district boundaries of the city is on file in the office of the city clerk-treasurer. Lots and blocks are hereby placed in the following zones:

(1)

A zone, residential.

a.

Original Townsite:

1.

Block 64: Lots 1 to 8 inclusive.

2.

Block 65: Lots 1 to 22 inclusive.

3.

Block 66: Lots 1 to 14 inclusive.

4.

Block 67: Lots 1 to 38 inclusive.

5.

Block 68: Lots 1 to 44 inclusive.

6.

Block 69: Lots 1 to 8 inclusive.

7.

Blocks 70, 71, 72, 73, 74, 75, 76, 77, 78, 79, 80, 81, 82: All, except Block 70, Lots 10 through 14.

b.

Bell's First Addition. Blocks 1, 2, 3, 4, 5, 6, 7, 8, 10, 11, 13, 14: All, except Block 1, Lots 13 and 14, and Block 5, Lots 4, 5, 6, 7.

c.

Carney's 2nd Addition, also described as: A parcel located in the SW¼, section 1 and the SE¼, Section 2, T28 N, R39E, P.M.M., Valley County, Montana, and more particularly described as follows: Beginning at the W¼, corner of said section 1, then S 58d 52' 21"E a distance of 349.06 feet to the True Point of Beginning; then N 26d 22' 55" W a distance of 449.75 feet; then S 68d 34' 37" E a distance of 598.73 feet; then N 89d 28' 59" E a distance of 660.00 feet; then S 00d 08' 55"W a distance of 464.48 feet; then S 81d 54' 40"W a distance of 1246.27 feet, then N 20d 00'30"W a distance of 343.46 feet; then N 69d 15'15"E a distance of 358.34 feet to the true point of beginning and containing 16.21 acres more or less.

d.

Dignan's Addition: All.

e.

The Highlands First Addition: All the area situated within the exterior boundaries.

f.

Hillside Addition: Blocks 1, 2, 3, 4: All.

g.

Kerr's First Addition:

1.

Block 2: Lots 1 to 14 inclusive.

2.

Block 3: Lots 1 to 11 inclusive.

3.

Block 4: Lots 1 to 4 inclusive.

h.

Kerr's Second Addition:

1.

Block 1: Lots 1 to 11 inclusive.

2.

Block 2: Lots 1 to 18 inclusive.

3.

Block 3: All.

i.

Pattison's Heights Addition:

1.

Block 1: Lots 1 to 8 inclusive.

2.

Block 2: Lots 1 to 12 inclusive.

3.

Block 3: Lots 1 to 8 inclusive.

j.

Rhodes' Addition:

1.

Block 1: Lots 1 to 22 inclusive.

2.

Block 2: Lots 12 to 22 inclusive.

k.

Shuland's Addition: Lots 1 to 39 inclusive.

l.

Shulund's Valley View Addition (First Addition) to Shuland's Addition: Lots 40 to 140 inclusive, except Lots 80, 81 and 82.

m.

Shuland's Valley View Addition, (Second Addition) to Shulund's Addition: Lots, 141 to 217 inclusive, and Lots A, B and C.

n.

Valley Addition: Block 1: Lot 33 (Park designation).

o.

Wedum's First Addition:

1.

Blocks 1, 2, 3, 4, 5: All.

2.

Block 6: Lots 1 to 11 inclusive.

3.

Block 7: Lots 1 to 11 inclusive.

4.

Block 8: Lots 1 to 16 inclusive.

p.

Pattison's First Addition.

q.

Sunset Heights; First Addition to Sunset Heights Addition; Conditional use.

r.

Fred E. Marchinek's Tracts (Tracts "A," "B" and "C" (3.01 acres)).

s.

Thor Nilson Tract (4.1 acres).

t.

Heritage Hills, formerly Indian Hills.

u.

Anna B. Nyquist Parcel (three acres) bordered by 3rd Avenue North; Division Street and Highland Drive) unplatted lands as described on Document #298925 and recorded in Book 51 of Deeds, page 538.

v.

Andrew Shipp property as described on Document #20722 in Book 121 of Deeds, page 806, in the office of the county clerk and recorder.

w.

Russell Tracts described (as set forth in Ordinance No. 518, § 6, 8-13-1981, on file in the office of the city clerk-treasurer's office.)

(2)

B zone, residential and mobile home.

a.

Original Townsite:

1.

Block 3: Lots 12 to 22 inclusive.

2.

Block 10: Lots 12 to 22 inclusive.

3.

Block 15: All.

4.

Block 26: Lots 12 to 22 inclusive.

5.

Block 27: Lots 18, 19, 20 inclusive.

6.

Blocks 29, 30, 31, 32, 36, 37, 38, 39, 41, 42. 44, 45, 46, 47, 48, 49, 50, 51, 56, 57, 58: All, except Block 29, Lots 1 through 11, and Block 30, Lots 1 through 11.

7.

Block 70: Lots 10 through 14 inclusive.

b.

Arnold Addition: All.

c.

Clifton Addition: All.

d.

Hoffman's Addition:

1.

Block 7: Lots 1 to 22 inclusive.

2.

Block 8: Lots 1 to 22 inclusive.

3.

Block 9: Lots 1 to 22 inclusive, except Lots 8 through 16.

4.

Block 10: Lots 1 to 22 inclusive, except Lots 8 through 15.

e.

Hughes' Addition: All.

f.

Mahon's Addition: Blocks 1, 2, 3, 4, 5, 6, 7, 8: All.

g.

Mahon's First Addition: Blocks 9 and 10.

h.

Rhodes' Addition:

1.

Block 2: Lots 1 to 11 inclusive.

2.

Blocks 3, 4, 5, 6, 7, 8: All.

i.

Shulund's Valley View Addition (First Addition) to Shuland's Addition: Lots 80, 81 and 82.

j.

Sierts Addition: All.

k.

Valley Addition:

1.

Block 1: Lots 2 to 32 inclusive.

2.

Block 2: Lots 1 to 31 inclusive.

(3)

C zone, commercial.

a.

Original Townsite:

1.

Blocks 1, 2: All.

2.

Block 3: Lots 1 to 11 inclusive.

3.

Blocks 4, 5, 6, 7, 8, 9, 16, 17, 18, 19, 20, 21, 23: All.

4.

Block 26: Lots 1 to 11 inclusive.

5.

Block 27:

(i)

Lots 1 to 5 inclusive.

(ii)

Lots 21 and 22 inclusive.

6.

Block 28: Lots 7 to 16 inclusive.

7.

Block 29: Lots 1 to 11 inclusive.

8.

Block 30: Lots 1 to 11 inclusive.

9.

Block 64: Lots 9 to 18 inclusive.

10.

Block 65: Lots 23 to 44 inclusive.

11.

Block 66: Lots 15 to 35 inclusive.

b.

Assessor's Tract: Lots 1 to 40.

c.

Bell's First Addition:

1.

Block 1: Lots 13 and 14.

2.

Block 5: Lots 4, 5, 6, 7.

3.

Blocks 9, 12, 15, 16: All.

d.

Bell's Second Addition: All.

e.

Carney's First Addition to Glasgow, Montana.

1.

Tract One

f.

Hoffman's Addition:

1.

Block 9: Lots 8 through 16.

2.

Block 10: Lots 8 through 15.

3.

Block 23: Lots 1 through 9.

4.

Block 25: Lots 1 through 8.

g.

Jerome-Schneider Addition:

1.

Block 1: Lots 1 to 5 inclusive.

2.

Block 2: Lots 1 to 10 inclusive.

h.

Jerome-Schneider Addition, Jerome's First Addition to: Block 1: Lots 1 to 4 inclusive.

i.

Kerr's First Addition:

1.

Block 3: Lots 12 to 19 inclusive.

2.

Block 4: Lots 5 to 6 inclusive.

j.

Star-Char-El Addition: Block I: Lots A and B.

k.

Holter Addition.

l.

Rasmussan Addition.

m.

Milk River Addition.

n.

Jerome Second Addition.

o.

First Addition Star Char-El.

p.

Valley Edition:

1.

Block 1: Lot 1.

2.

Block 1: Lot 1A (certificate of survey # 163).

3.

Al Kolstad Tract (0.74 acres) including Lots 1, 2 and 3 as described on Document #44153 of Misc. File #M18960 filed June 17, 1964, in the office of the county clerk and recorder.

4.

Block 2, Second School Addition and that certain parcel of land situated in the SW¼ NW¼ of Section 12, Township 28 North, Range 39 East, MPM, more particularly described as:

(i)

Commencing at the southeast corner of the alley in Block 1 of Bell's First Addition to Glasgow, Montana; thence south 23D23;inch;W a distance of 368.9 feet to a point; thence due north 338.63 feet to a point on the south line of the above-described alley; thence in an easterly direction along the south line of the said alley a distance of 146.42 feet to the point of beginning.

(ii)

A tract of land located in the NE¼ SE¼ SE¼ section 12, T28 N, R39E, M.P.M., Valley County, Montana, and more particularly described on the plat filed as Doc. No. 371388, Misc. File No. 14462.

(4)

Excepting therefrom Tracts A and D of the Allen Stuber Tracts according to the plat filed in Book 88 of Deeds on Page 93, Doc. No. 407129.

(5)

Also excepting therefrom land conveyed to the state highway commission and more particularly described in Book 93 of Deeds on pages 297-298, Doc. No. 419351.

a.

Said Tract contains approximately 3.8 acres.

b.

Section 21-11 of Book 93 is amended by changing the zone on the following-described property located in the city, from the "A" Residence District into the "C" Commercial District":

(6)

Lots 2A and 3, Block 1, Second School Addition to Glasgow, Montana, and Lots B, 7, and 4A, Block 4, Kerr's Addition to Glasgow, Montana.

a.

E zone, unrestricted.

1.

Original Townsite:

(i)

Block 11: Lots 8 to 18 inclusive.

(ii)

Block 12: Lots 1 to 4 inclusive.

(iii)

Blocks 13, 14, 33, 34 35, 52: All.

2.

Browning's Addition: All.

3.

Del's First Addition:

(i)

Block 1: Lots 1 to 7 inclusive.

(ii)

Block 2: Lots 1 and 2.

4.

Gillespie's Addition: All.

5.

Hoffman's Addition:

(i)

Block 23: Lots 9 to 22 inclusive.

(ii)

Block 25:

A.

Lots 1 through 8.

B.

Lots 9 to 16 inclusive.

C.

Lots 17 to 28 inclusive.

6.

Miller's First Addition:

(i)

Blocks 1 and 2: All.

(ii)

Block 3: Lots 1 to 7 inclusive.

(iii)

Block 4: Lots 1 to 11 inclusive.

(iv)

Block 5: Lots 1 to 3 inclusive.

7.

Wilson's Addition: All.

(7)

I Zone Industrial. All of the Burlington Northern Railroad right-of-way within the city limits, and lying within Township 28 North, Range 39 E.M.M., sections 11 and 12. Original Townsite, N½ of Block 10.

(Code 1955, § 21-11; Ord. No. 653, § 10, 8-5-1953; Ord. No. 662, 8-1954; Ord. No. 669, 9-25-1956; Ord. No. 674, § 1, 12-5-1956; Ord. No. 690, § 1, 7-2-1958; Ord. No. 697, 2-3-1960; Ord. No. 732, § 1, 11-1-1967; Ord. No. 769, § 2, 2-18-1976; Ord. No. 786, § 2, 2-5-1979; Ord. No. 813, § 6, 8-3-1981; Ord. No. 818, § 1, 4-19-1982; Ord. No. 836, § 1, 12-17-1984; Ord. No. 840, § 2, 9-23-1985; Ord. No. 843, § 2, 2-3-1986; Ord. No. 912, § 1, 9-21-1998; Ord. No. 918, § 1, 11-15-1999; Ord. No. 932, § 1, 4-16-2007; Ord. No. 939, § 1, 12-21-2009; Ord. No. 940, § 1, 12-21-2009)

(a)

Changes in the boundaries of any district, or part thereof may be made by the city council, but the following procedure shall be followed: An application and petition requesting such change shall first be presented to the city engineer, who shall also be charged with the responsibility of a zoning administrator, duly signed by the owners of 35 percent or more either of the area of the lots included within such change, or of the lots immediately adjacent in the rear thereof, extending 150 feet therefrom, or of the lots directly opposite thereto, extending 150 feet from the street frontage of such opposite lots. He shall receive applications for zoning permits and conditional use permits, review applications and plans to see that they meet zoning ordinance requirements, issue zoning permits and certificate of zoning compliance, and conditional use permits when approved by the zoning commission, inspect premises to see that permit conditions are met and maintain a permanent file on all applications, permits issued with notations of approval conditions, and accompanying plans. Further, if the city engineer finds that any of the provisions of the zoning ordinance are being violated, he shall notify in writing the person responsible for such violations, indicating the nature of the violation and ordering the action necessary to correct it. He shall order discontinuance of illegal buildings or structures or of illegal additions, alterations or structural changes; discontinuance of any illegal work being done; or shall take any other action authorized by this ordinance to ensure compliance with or to prevent violation of its provisions. Changes to the boundaries of any district or part thereof may also be initiated by request of the zoning commission or city-county planning board, or by the city council in the same manner as above prescribed, except that such action shall be initiated without the presentation of a petition requesting it.

(b)

A zoning permit shall be secured from the city engineer, acting as zoning administrator, prior to the construction, reconstruction, erection, enlargement, relocation or structural alteration of any building or part thereof, or of any sign or group of signs having permanent geographical location, and prior to any change of use of any building or land, except that no such permit shall be required for the erection or alteration of a barn or other outbuilding on a bona fide farm. A zoning permit shall also be secured for any home occupation permitted and any permitted temporary use.

(c)

All applications for permits other than a permit for a temporary use shall be accompanied by plans in duplicate drawn to scale, showing the actual dimensions and shape of the lot to be built upon, the exact sizes and location on the lot of buildings already existing, if any, and the location and dimensions of the proposed building or alteration. The application shall include such other information as lawfully may be required by the administrative official, including existing or proposed building or alteration; existing or proposed uses of the building and land; the number of families, housekeeping units or rental units the building is designed to accommodate; conditions existing on the lot; and such other matters as may be necessary to determine conformance with, and provide for the enforcement of, this chapter. One copy of the plans shall be returned to the applicant by the administrative official, after he has marked such copy either as approved or disapproved and attested to the same by placing his signature on such copy. The original of the plans, similarly marked, shall be retained by the administrative official.

(d)

(1)

If the work described in any zoning permit has not begun within one year from the date of issuance thereof, the permit expires and the zoning administrator shall give written notice of the expiration to the persons affected. A single one-year extension of the permit may be granted by the zoning administrator.

(2)

A zoning permit for a temporary use other than those associated with construction and grading may be issued by the zoning administrator for not more than six months. Zoning permits for temporary uses associated with construction and grading may be issued for one year. The zoning administrator may issue one extension of a temporary use permit for a period not exceeding the permitted maximum time period of the original permit.

(e)

Zoning permits or certificates of compliance issued on the basis of plans and applications approved by the zoning officer or zoning commission authorize only the use, arrangement and construction set forth in such approved plans and applications, and no other use, arrangement or construction. Use, arrangement or construction at variance with that authorized is a violation of this ordinance and punishable as provided by section 1-7.

(f)

Such petitions or applications, which must be accompanied by a fee equal to the cost of publishing notice, shall be referred to the zoning commission who shall make careful investigation of such proposed changes and file a report therein within 30 days after the same has been referred.

(g)

(1)

No action to amend, supplement, change or repeal this zoning ordinance may be taken until after a public hearing in relation thereto, at which parties in interest and citizens shall have an opportunity to be heard. At least 15 days' notice of the time and place of such hearing shall be published in a newspaper of general circulation in the city. If the petition or application is for amendment to the zoning map, notice of such hearing shall be mailed to all owners of property included in the petition. Public hearing requirements apply to the zoning commission meeting to consider a recommendation and to the city council meeting for the purpose of acting on the proposal.

(2)

When a proposed amendment affects the zoning classification of property and a protest against such change is signed by the owners of 20 percent or more either of the area of the lots included in such proposed change, or of those immediately adjacent in the rear thereof extending 150 feet therefrom, or of those adjacent on either side thereof within the same block, or of those directly opposite thereto extending 150 feet from the street frontage of such opposite lots, then such amendments may not become effective except by the favorable vote of two-thirds of all members of the city council.

(h)

When such proposed amendment has been rejected by the city council, neither it, nor one involving only the same property, shall be offered for adoption within one year after such rejection.

(Code 1955, § 21-12; Ord. No. 653, § 11, 8-5-1953; Ord. No. 815, § 1, 3-15-1982; Ord. No. 844, § 2, 2-3-1986)

In the "A" Residence District:

(1)

Height. No building shall exceed 40 feet or three stories in height.

(2)

Front yard. There shall be a front yard having a depth of not less than twenty feet; provided, however, that, where lots comprising 40 percent, or more, of the frontage developed with buildings between cross streets, having an average front yard with a variation in depth of not more than six feet, no building hereafter erected or altered, shall project beyond the average front yard line so established; provided, further, that this regulation shall not require a front yard of more than 40 feet in depth.

a.

Where there are no buildings in a block, the depth of the front yard shall be determined by making it conform to the depth on the same side of the street, in the adjoining block.

b.

Where buildings front on a side street (or a street not parallel to an alley), the front yard shall have a depth of not less than ten feet.

(3)

Rear yard. There shall be a rear yard having a depth of not less than 20 feet where the rear lot line coincides with an alley line; otherwise, the depth shall be not less than one-half of the height of the building.

(4)

Side yard. There shall be a side yard on each side of the building, each yard having a width of not less than five feet. The width, however, shall be not less than one-third of the height of the building; and where a building fronts the street parallel to an alley, on a corner lot, it shall have the side yard on the street side not less than ten feet in width.

a.

On corner lots, the side yard regulations shall be the same as for interior lots, except as noted above, but, in the case of reversed frontage, where the corner lot is developed so that the buildings face an intersecting street, there shall be a side yard on the street side of the corner lot, of not less than the front yard required on the lots in the rear of such corner lot; and no accessory building on such corner lot, shall project beyond the front yard line of the lots in the rear.

b.

Where an accessory building, such as a garage, is attached to a building, it shall be not less than five feet from the side line of the lot.

(5)

Lot area per family. Every building hereafter erected, structurally altered or maintained, shall provide a lot area of not less than 3,000 square feet per family.

(6)

Use.

a.

No building, structure or premises shall be used, and no building or structure shall be erected, structurally altered or maintained, unless otherwise provided in this article, except for one or more of the following uses:

1.

One-family dwellings.

2.

Two-family dwellings.

3.

Churches and temples.

4.

Libraries.

5.

Schools and colleges.

6.

Parks and playgrounds.

7.

Any public fire station, telephone exchange where no public business office and no repair or storage facilities are maintained, or any necessary public utility building.

8.

Accessory buildings incidental to the above uses and located on the same lot (not involving the conduct of a business), including one private garage, or community garage. Garages shall not exceed the following sizes for each lot:

Accessory buildings must comply with all setback requirements of this section.

9.

Home-based occupation. The individual primarily responsible for the home-based occupation must reside in the dwelling unit (home) which must be located on the same parcel or lot. The home-based business shall occur entirely within the dwelling unit or an accessory building on the same lot, and shall occupy, or equal, no more than 35 percent of the total floor space of the primary dwelling unit. Spatial requirement also applies to home-based businesses operated or conducted from an accessory building which must be located on the same lot or parcel as the residential dwelling. No more than one full time nonresident employee may work in the business, on the property, at a time. The exterior residential character of the dwelling unit or accessory building shall not be substantially altered to accommodate the home occupation. Routine and regular storage of materials, (more than 48 hours within any 72-hour period) in the driveway or in front of the residence is not permitted. No bulk materials, supplies, livestock, animals, or controlled substances are permitted to be delivered, transferred or sold through a home-based business. Exterior storage of materials or equipment is prohibited. Retail sales and indoor displays of other retail items, other than displays of products manufactured in the premises are prohibited. Network marketing, direct selling, referral marketing, and pyramid selling business are permitted as long as the volume of merchandise stored in the dwelling or accessory building and does not exceed the total aggregate spatial requirement of 35 percent of the area occupied for the business (this would include any office space and storage areas). Examples of network marketing include, but are not limited to, Mary Kay, Pampered Chef, Amway, etc. Signage, business vehicle limitations and customer parking requirements must conform to the requirements in section 12-80.

10.

Prohibited uses of a home-based occupation. The following uses do not qualify as a home occupation: Veterinary services, medical offices, animal boarding, restaurant, vehicle repair, heavy truck or equipment repair, auto body services, child care facilities that care for more than five children at a time, distribution services, brewery, distillery, medical dispensary, marijuana grow facilities, explosives, ammunitions, firearms sales, fireworks production or sales, animal slaughter or processing, retail of sex paraphernalia or sale of pornographic materials, gambling related services, mortuary, dog or cat breeding, or any other businesses that would generate high volumes of traffic or bring patrons into a neighborhood after 9:00 p.m.

b.

Conditional uses. Allowable once planning board review and special conditions are met to protect the public health, safety and general welfare.

1.

Nursing homes; requiring adherence to section 42-88, "C" Commercial District design standards which include lot width, set back requirements, landscaping requirements, off-street parking, signs and utilities.

2.

(i)

Day care or child care center; family day care home consisting of caring for three to six children, or persons, in the operator's residential home, is permitted in all residential zones. Group day care home consisting of caring for seven to 12 children, or persons, in the operator's residential home, is permitted in all residential zones. Day care center consisting of caring for 13 or more children, or persons, outside of the operator's residential home, is permitted in all zoning districts.

(ii)

Operators of a day care or child care center are required to adhere to MCA title 52 ch. 2, pt. 7 (MCA 52-2-701 et seq.) and provide proof of compliance upon request by the public works department.

(Code 1955, § 21-4; Ord. No. 653, § 2, 8-5-1953; Ord. No. 663, § 1; Ord. No. 813, § 1, 8-3-1981; Ord. No. 922, § 1, 10-16-2000; Ord. No. 970, § 1, 8-17-2020; Ord. No. 975, § 1, 5-3-2021)

In the "B" Residence District:

(1)

Height. No building shall exceed 45 feet, or three stories in height.

(2)

Front yard.

a.

There shall be a front yard having a depth of not less than 20 feet; provided, however, that where lots comprising 40 percent or more of the frontage developed with buildings between cross streets, having an average front yard with a variation in depth of not more than six feet, no building hereafter erected or altered, shall project beyond the average front yard line so established, provided, further, that this regulation shall not require a front yard of more than 40 feet in depth.

b.

Where buildings front on a side street (or, a street not parallel to an alley), the front yard shall have a depth of not less than ten feet.

(3)

Rear yard. There shall be a rear yard having a depth of not less than 20 feet where the rear lot line coincides with an alley line; otherwise, the depth shall not be less than one-half of the height of the building; provided, further, that where the lot is occupied by other than a residential building, the depth of the rear yard need not exceed six feet.

(4)

Side yard. There shall be a side yard on each side of the building, each yard having a width of not less than five feet; the width, however, shall be not less than one-third of the height of the building. However, no building fronting the street parallel to an alley on a corner lot shall have a side yard on the street side less than ten feet.

a.

On corner lots, the side yard regulations shall be the same as for the interior lots, except as noted above but, in the case of reversed frontage, where the corner lot is developed so that the buildings face an intersecting street, there shall be a side yard on the street side of the corner lot of not less than the front yard required on the lots in the rear of such corner lot and, no accessory buildings on the corner lot, shall project beyond the front yard line of the lots in the rear.

b.

Where an accessory building, such as a garage, is attached to a building, it shall be not less than five feet from the side line of the lot.

(5)

Lot area per family. Every building hereafter erected, structurally altered or maintained, shall provide a lot area of not less than 500 square feet per family.

(6)

Use. No building, structure or premises shall be used, and no building or structure shall be erected, structurally altered or maintained, unless otherwise provided in this article, except for one or more of the following uses:

a.

Any use permitted in the "A" Residence District.

b.

Multiple dwellings.

c.

Hotels.

d.

Private clubs.

e.

Boardinghouses and lodging houses.

f.

Bath houses.

g.

Hospitals and clinics.

h.

Nurseries and greenhouses.

i.

Institutions of a philanthropic nature.

j.

Undertaking parlors.

k.

Accessory buildings incidental to the above uses and located on the same lot (not involving the conduct of a business). A private or community garage. Garages shall not exceed the following sizes for each lot:

Accessory buildings must comply with all setback requirements of this section.

l.

Either a public garage or filling station, may be established or erected in this district if, when the permit is issued, there is on file with the building inspector, the written consent of the owners of not less than 75 percent of all the property within a distance of 200 feet of the lot upon which the proposed establishment is to be erected; provided, that the real estate occupied by a garage or filling station within the 200 feet distance, shall not count either for or against, such consent.

(7)

Townhouse subdivisions. Townhouse subdivisions shall apply to those developments in which it is proposed to partition land into individual lots and construct townhouses which may be individually or collectively owned (condominiums or cooperatives) and where the minimum lot sizes are to be less than those required under the city-county subdivision ordinance. The minimum required area of a townhouse subdivision shall not be less than one-half acre.

a.

Streets.

1.

Interior streets shall have a minimum right-of-way width of 36 feet and shall be developed with a 24-foot paving section with concrete curb and gutters in accordance with city standards.

2.

Access streets shall have a minimum right-of-way width of 50 feet.

3.

Private drives shall have a minimum paving width of 26 feet, curbs on both sides.

b.

Space and bulk requirements.

1.

Minimum lot area: none.

2.

Minimum lot width: 24 feet, single-story units.

3.

16 feet for multistory units.

4.

Minimum interior living area: 850 square feet multistory and single story.

5.

Dwellings shall be constructed up to side lot lines without side yards.

6.

Maximum density: 16 living units per gross acre.

7.

Optimum grouping of townhouses: five to eight living units per series.

8.

Minimum distance between townhouse series: 12 feet.

9.

Orientation. All units in a series shall be oriented in same manner.

c.

Building setback lines.

1.

Building setback lines of ten feet shall be required on all lots siding on access or interior streets or upon plat boundary.

2.

Building setback lines of six feet shall be required on all lots fronting on an access street.

3.

Building setback for townhouse series fronting the sides of another series, not less than 20 feet.

d.

Utilities. All utilities shall be underground and located at rear of lot, and all lots shall be served by sanitary sewer and water systems. Utility easements are required only where a subdivision abuts an access street.

e.

Open space (including common open space).

1.

A minimum of 20 percent of gross site area shall be set aside; approval subject to planning board.

2.

If provided in a common area, not to exceed 300 feet distance from lot it is intended for.

3.

Private patios shall be provided on each lot.

4.

Sidewalks shall be required, near side of access streets which abut the subdivision.

5.

Common or open access, courtyards shall be at least 40 feet wide, and not include vehicular drives or parking area.

f.

Illumination. All streets, private drives and walkways shall be lighted a minimum of 0.2 footcandles.

g.

Off-street parking. A minimum of 1½ off-street parking spaces required per lot. May be located in a common parking lot area within 200 feet of the lots such parking is intended to serve.

h.

Ownership and maintenance.

1.

A declaration of protective covenants and restrictions applicable to the land within the subdivision.

2.

Articles and bylaws of a homeowner's association and its incorporation.

3.

Cooperatives, corporate structuring and ownership of stock; proprietary lease format and management function.

4.

Condominiums, developer's proposal to investors, leases, construction agreement, registration.

All documents pertinent to the type of ownership and maintenance shall be approved by the planning board prior to recording any instrument.

(8)

Conditional uses. The following conditional uses may be allowed in a "B" residential district once review and minimum requirements are met according to the planning board and section 42-87. Design standards set forth as conditional to approval must also be met by the applicant.

a.

Mobile or modular homes. Such structures meeting the requirements of section 42-87 and property owners' approval who live adjacent to or border upon the conditional use proposal may be allowed. A 75 percent majority approval must be secured from adjacent or bordering property owners whose property or any portion thereof lies within a distance of 200 feet of the exterior boundaries of the subject lot and presented in the form of a written petition.

1.

Density and spacing shall be as stated in section 42-87(e), (h), and (i) through (l).

2.

Applicant shall consider utilizing two lots with a common interior lot line in order to meet density requirements of section 42-87(f).

3.

A site plan must be submitted at the time of application showing utilities location, building size and type, spacing, landscaping, off-street parking, accessory buildings, canopies and awnings. A legal description of the property proposed for use, shall also be submitted.

4.

The property owner shall be determined by:

(i)

The person who owns the fee, which means a person who appears at the time of the presentation of the petition to have legal title to the lots and the lands by duly recorded deed in the clerk and recorder's office.

(ii)

Any person in possession of lands, lots or portions thereof, or exercising claim or acts of ownership as executor, administrator, personal representative or guardian.

(iii)

In the case of property leased, the possession of the tenant or lessee holding and occupying under such person shall deem the property to be in possession of the owner.

(iv)

In the event the ownership shall be divided between more than one person, any one person who is a joint owner or appearing to have an ownership interest shall be able to consent for all property owners.

The consent shall be determined on a pro rata basis wherein the consents shall be weighted in accordance with the square footage owned by each owner or joint owner as bears to the square footage of all of the lots within the 200 feet, as defined above, excluding any streets, alleys or property owned by the city, the county or any federal agency.

b.

Planned unit developments. Planned unit developments may be allowed in order to encourage development of a variety of housing types and densities by allowing for a mixture of types ranging from single-family to multifamily apartments and including commercial uses. Design and improvement standards of the city-county subdivision regulations must be met along with the following requirements:

1.

A minimum site area of not less than three acres is necessary for clustering developments and promoting economies for utility services, preserving and enhancing open space or unique natural features.

2.

Plat review shall occur since a PUD is a subdivision. Preapplication procedures shall also take place with the developer and owner presenting a sketch plan of the proposed use. Review procedure and time frame for approval or disapproval by the planning board shall be adhered to.

3.

Condominium, cooperatives and townhouse developments may be included within a PUD. If a division of land is created, surveying requirements must be met; however, if there is not a division of land, the procedure for subdivisions created by lease or rent shall be completed meeting the city-county subdivision regulations.

4.

Design standards: Total size of the project area must be stated; common area, area dedicated to the public and private open space and area of ground to be covered by buildings, specific types of land uses, density computations and proposed number of residential units, maximum heights of buildings or structures shall be shown on overall plan drawings.

5.

Density requirements (PUD):

(i)

Maximum land coverage for structures and accessory buildings: 50 percent.

(ii)

Single-family dwellings: six dwelling units per gross acre.

(iii)

Two-family dwellings: ten dwelling units per gross acre.

(iv)

Townhouse, row house: 16 dwelling units per gross acre.

(v)

Multifamily: 30 dwelling units per gross acre.

(vi)

Overall density: not to exceed 16 units per gross acre.

(vii)

Commercial use area (convenience for the PUD), five percent of total PUD land area; neighborhood retail and business service uses only when specifically and selectively authorized as to type and size and integrated by design as an accessory element to the PUD. The landowner-developer shall bear the burden of proof that commercial uses shall serve principally the residents of the PUD.

6.

Private open space:

(i)

Single-family: minimum 400 square feet per dwelling.

(ii)

Duplex, two-family, townhouse, row house: minimum 200 square feet per dwelling. Private open space shall adjoin.

7.

Common open space: 20 percent of the gross site area shall be dedicated for common open space (common property).

8.

Recreation open space: In multifamily rental development areas, 15 percent of gross site area shall be open (recreation improvements) to multifamily dwellers.

9.

Other requirements and standards: Other requirements or standards which shall be submitted to the planning board:

(i)

Legal format of the homeowner's association;

(ii)

Protective covenants;

(iii)

Schedule of construction, prior to final approval of subdivision plat;

(iv)

Landscape plan (showing planting scheme, existing trees, drainage);

(v)

Construction plan and profile drawings and cross-sections of all proposed streets, walkways, off-street parking and driveways;

(vi)

Construction plan and profile drawings of all existing and proposed water lines, storm drains and sanitary sewers (indicate structures, pipe sizes, types and grades);

(vii)

All utilities shall be underground. Fire hydrants shall be placed throughout the PUD in accordance with fire code.

(viii)

A surety bond in an amount to 100 percent of the utility improvements required, approved by city attorney.

c.

Townhouse developments. Where land has previously been subdivided in "B" residential districts: A special exception shall be made by the planning board in reviewing and approving all proposed construction of townhouse developments for those residential "B" lots which have been recorded in the past. The intent of the exception is to allow for higher density development in the older residential neighborhoods, allow for unit ownership of residences by low and moderate income families, and offer the amenities to future unit owners living in a townhouse development.

1.

Minimum building setback, side lot, and rear lot line requirements.

(i)

Front yard building setback: ten feet if off-street parking is located at rear of property. 20 feet if off-street parking is in the front yard.

(ii)

Side yard building setback line for a lot siding on a public street right-of-way: ten feet.

(iii)

Minimum lot area, gross: 2,000 square feet.

(iv)

Minimum lot width: 20 feet.

(v)

Maximum lot coverage/buildings: 50 percent gross area.

(vi)

Minimum lot depth: 100 feet.

(vii)

Minimum rear lot setback: ten feet (20 feet if off-street parking at rear of lot).

(viii)

Minimum side yard setback: none, except end lots or lots siding on a public street.

(ix)

Private patio area, screened and fenced (private garden or yard): 200 square feet.

(x)

Off-street parking: one off-street parking space per residential unit.

(xi)

Sidewalks: yes, meeting city standards.

(xii)

Common open space: none.

2.

Permitting process. The planning board shall review and approve all townhouse developments within its planning jurisdiction. The developer shall present the following at a regularly scheduled planning board meeting:

(i)

Architectural and engineering drawings indicating the townhouse site plan, buildings, facilities, landscaping, parking, lighting, private and open space (patios, garden areas, etc.), utilities and other dimensional standards which the planning board finds appropriate.

(ii)

A development progress schedule indicating the construction time and completion of the dwelling units and their appurtenances. A completion date requirement may be stipulated by the planning board, as part of the approval of a development permit being issued.

(iii)

Protective covenants and legal format of a homeowner's association, if used, shall also be presented to the planning board.

(Code 1955, § 21-5; Ord. No. 653, § 3, 8-5-1953; Ord. No. 813, § 2, 8-3-1981; Ord. No. 922, § 2, 10-16-2000)

(a)

Purpose. The purpose of this section is for the promotion, protection and improvement of the public health, the safety, economy, appearance, convenience, and general welfare of the city by providing for the orderly accommodation and regulation of erection and occupancy of modular homes and mobile homes within the city. In furtherance of the general intent and purposes of this section, establishment of mobile home districts within the city is authorized for the following specific purposes:

(1)

To encourage the development of attractive, safe and economically viable home and modular home districts.

(2)

To promote the development of additional new lower cost housing on appropriately located building sites, and to establish maximum density.

(3)

To encourage individual home ownership among medium and lower income families in order to stimulate sound and attractive neighborhood development, promote the elimination of blighted and substandard housing areas, and to reduce dependency upon publicly owned or subsidized housing.

(b)

District locations.

(1)

All of Valley Addition to the Township of Glasgow, Montana, consisting of lots numbered 1 through 33 of Block 1, and lots 1 through 31 of Block 2.

(2)

Hoffman's Addition to Glasgow, Montana, consisting of lots numbered 9 through 22 of Block 23; lots numbered 17 through 28 of Block 25; lots numbered 1 through 5 and 19 through 22 of Block 26.

(c)

Application of section. It shall be unlawful to erect, place, locate or occupy a mobile home or modular home on any lot, size or parcel of land within the city without first obtaining a permit therefor and meeting the minimum requirements of all provisions of this section. Likewise, it shall be unlawful for any person to add on, modify or relocate any mobile home or modular home unless such person first obtains a valid permit from the city engineer of the city issued in the name of the applicant for the specific alteration or proposed addition.

(d)

Enforcement officer. It shall be the duty of the city engineer of the city to receive all applications for location, placement, design, alteration, additions or improvements to mobile or modular homes, and upon approval of such applications to issue appropriate permits pursuant thereto. It shall be the further duty of the city engineer to enforce all of the provisions and to report all violations pertaining to the occupancy, operating maintenance, use, sanitation, and safety of all modular and mobile homes.

(e)

Density and spacing.

(1)

Density. The maximum density of modular and mobile homes shall be not more than one unit for each 4,500 square foot building site, and each living unit shall have a minimum of 3,000 square feet of open yard within its site.

(2)

Spacing. Each unit shall be so placed upon its site so as to comply with the following minimum requirements:

a.

Front yard. There shall be a front yard having a depth of not less than 20 feet.

b.

Rear yard. There shall be a rear yard having a depth of not less than ten feet.

c.

Side yard. There will be side yards on each side of the mobile home having a width of not less than ten feet.

(3)

Accessory buildings. Whenever an accessory building such as a garage is attached to the main building, the vertical wall shall be a minimum of ten feet from the side property line. In the event an accessory building is located on a line 50 feet or more from the front lot line and is 12 feet or more from the residential unit, said accessory building may be placed within two feet of the side property line.

(4)

Temporary structures. No structure of a temporary character, such as a tent, shack, garage or other building shall be used at any time as either a temporary or permanent residence.

(f)

Utilities and other services.

(1)

Water. All water lines shall comply with and be constructed, maintained and placed in accordance with city and state plumbing and health codes and requirements of the state department of environmental quality.

(2)

Sewer. All sewer lines and appurtenances shall comply and be constructed, maintained and placed in accordance with city and state plumbing and health codes and requirements of the state department of environmental quality.

(3)

Electrical. All electrical lines serving each modular or mobile home shall comply with and be constructed, maintained and located in accordance with city and local electrical codes.

(4)

Natural gas services. All natural gas lines shall be constructed and maintained in accordance with city and state natural gas codes.

(5)

Fuel storage. There shall be no storage of liquid petroleum gas, fuel oil, or other flammable liquid or gases in bulk on any building site.

(g)

Off-street parking requirements. Off-street parking spaces shall be provided adjacent to each mobile or modular home to meet the needs of its occupants. Minimum space for parking shall be nine feet in width and 20 feet in length within the property boundaries.

(h)

Skirting, canopies and awnings.

(1)

Each mobile home shall be skirted within 30 days after the home is moved upon its site. Such skirting shall be specifically designed for the purpose of mobile home skirting. The skirting shall be secured and shall resist wind loads, and when skirting is placed around a mobile home which has a need for air intake to serve a furnace or hot water heater from a point beneath the unit, a screened and louvred intake shall be so constructed so as to draw air from outside skirting.

(2)

Canopies and awnings may be attached to any mobile home but must be securely fashioned and be designed so as to blend with the exterior decor of the mobile or modular home.

(3)

At no time will any attachment, addition or appurtenance other than those specifically permitted by this section, whether permanent or temporary, be added or attached to any mobile or modular home unless such addition or attachment is specifically designed for mobile or modular home use and is compatible in appearance with the mobile or modular home to which it is attached.

(i)

Footings, piers, caps, shims and tie down requirements.

(1)

Footings, piers, caps and shims shall be installed directly under the main frame or chassis of the mobile or modular home and all tie down requirements must be met according to manufacturers' recommendations.

(2)

All footings, piers, caps and shims shall be located under both frame rails and joists, and shall be installed so that the longest dimension of each piece of material used for construction of a pier and of each footing, cap and shim is parallel with the ground and perpendicular to the frame rail or joist. Those nearest each end of the unit shall be not less than five feet from the end of the home, and shall have a maximum spacing of ten feet on centers.

(j)

Landscaping. Each mobile or modular home building site shall be appropriately seeded or put into sod, and in addition, shall be planted and cultivated in balanced landscaping consisting of decorative shrubs, flowers, deciduous and coniferous trees, and shall be maintained in a neat and orderly manner, free of weeds, noxious growth, trash and foreign materials.

(k)

Fees. There shall be paid to the city for the making of each inspection by the city engineer of the tie downs, footings, piers, caps and shims of each mobile or modular home a fee in the amount established by resolution. All other fees for inspection, site spacing, utilities, accessory structures and other inspections and permits necessary or required by this section shall be on the same schedule as is charged for conventional dwelling houses.

(l)

Penalty for violations. Any person, firm or corporation found guilty of violating any provision of this section shall be guilty of a misdemeanor and, on conviction thereof, shall be fined not more than $300.00, or shall be imprisoned for a period not to exceed 60 days, or both such fine and imprisonment.

(Code 1955, § 21-5.1; Ord. No. 766, §§ 1—13, 1-5-1976; Ord. No. 813, § 8, 8-3-1981)

In the "C" Commercial District:

(1)

Height. No restriction as to height of buildings.

(2)

Front yard. No front yard in this district shall be required for commercial buildings, but, for residential buildings, the front yard regulations for "B" residence districts shall govern. When uses on a lot zoned "C" are "A" or "B," front yard set-backs shall comply with "B" residence standards.

(3)

Rear yard. No rear yard in this district shall be required for commercial buildings, but, for residential buildings, the rear yard regulations for "B" residence districts shall govern.

(4)

Side yard. No side yard in this district shall be required for commercial buildings, but, for residential buildings, the side yard regulations for "B" residence districts shall govern.

(5)

Lot area per family. Every building hereafter erected, structurally altered or maintained for residential purposes, shall provide a lot area of not less than 250 square feet per family.

(6)

Use. No building, structure or premises shall be used, and no building or structure shall be erected, structurally altered or maintained unless otherwise provided in this article, except for one or more of the following uses:

a.

Any use permitted in the "B" residence district.

b.

Business or professional office.

c.

Retail stores.

d.

Retail trades.

e.

Wholesale business.

f.

Amusement where wholly within the building.

g.

Assembly hall.

h.

Automobile repair garage.

i.

Automobile storage.

j.

Bakery.

k.

Bank.

l.

Beauty parlor.

m.

Barbershop.

n.

Billboard.

o.

Chicken hatchery.

p.

Dry cleaning and dyeing.

q.

Gasoline or oil retail supply station, including filling station.

r.

Feed store.

s.

Food products or preparation, except such uses as are involved in handling live animals or fowls to finished products.

t.

Ice plant or ice storage for less than five tons.

u.

Laundry.

v.

Public or rental library.

w.

Machine shop for small tools, provided total power used is less than 7½ horsepower.

x.

General sheet metal working.

y.

Printing and bookbinding.

z.

Radio broadcasting station.

aa.

Restaurant.

bb.

Shoeshining or shoe repairing.

cc.

Theater.

dd.

Light manufacturing or assembly.

No business, trade or industry shall be permitted in any of the "C" commercial districts which is harmful to the environment by reason of the emission of odor, dust, smoke, gas, vibration or noise, or which imposes any extraordinary hazard to life or property.

(7)

Conditional uses. The following conditional uses may be allowed once planning board review and special conditions are met to protect the public health, safety and general welfare:

a.

Community shopping centers, planned unit developments:

1.

A group of not less than five joined retail stores, planned and developed as a single unit having a total gross floor area of at least 35,000 square feet and a common parking area off-street.

2.

There shall be one parking space for each 250 square feet of floor space.

3.

Off-street parking, driveway approaches, loading berths, and minimum number of spaces required shall meet the approval of the city engineer's office regardless of zoning status. Joint use of parking spaces for primary nighttime or weekend uses, such as, theatres, bars, bowling alleys, churches, auditoriums is allowable; however, the building or use utilizing the off-street parking spaces provided by another building or use shall be located within 500 feet of such parking facilities.

b.

Contractors, with outside storage; provided it is contained within an enclosed fence which acts as a screen or buffer which may consist of plantings, walls, fences or combinations thereof, and shall provide 75 percent opacity. Such screens, buffers or fences shall be not less than five feet in height.

c.

Commercial miniwarehouses.

d.

Drive-in theatres.

e.

Flammable liquids or gases, bulk storage aboveground. All such uses must be set back not less than 50 feet from all lot lines.

f.

Veterinary hospitals, no portion of a building or other enclosure to be used for the retention of animals may be located less than 300 feet from a residential district or site of an institutional use.

g.

Heavy agricultural implements, or heavy machinery, sale, repair, rental or storage.

h.

Warehouses, wholesale storage or sales, or storage services.

i.

Bowling alleys.

j.

Motels, hotels and drive-in eating establishments.

k.

Mobile home parks, trailer sales and service, however, individual mobile home residence shall not be included as a conditional use under any circumstances.

l.

Theatres, churches and auditoriums.

m.

Banks, business and professional offices with onsite customer service.

n.

Retail trade and service with a floor area greater than 2,500 square feet.

o.

Amusement parks.

(8)

Standards and requirements for conditional uses.

a.

Design standards.

1.

Lot width shall be 120 feet.

2.

Setback requirements for buildings:

(i)

Minimum front yard: 40 feet.

(ii)

Minimum rear yard: ten feet.

(iii)

Minimum side yard: ten feet.

(iv)

Maximum building height: 45 feet.

b.

Landscaping requirements.

1.

Any use having more than 3,500 square feet of required parking shall have two percent of the gross required parking area landscaped with parking lot trees and shrubs having a low profile; such landscaping will be properly maintained at all times.

2.

Screening adjacent to residential areas shall provide a visual barrier at least five feet high.

c.

Off-street parking requirements, unless otherwise stated.

1.

An off-street parking space shall be at least nine feet in width and at least 20 feet in length. All open parking areas with four or more parking spaces shall be screened from any property in a residential "A" or "B" district by a wall, fence or landscaping.

2.

Driveway approaches, parking lots and storm drains; their design and construction shall meet with the standards set forth by the city engineer and state department of environmental quality.

3.

Number of parking spaces required:

(i)

Heavy equipment, machinery sales, motor vehicle sales, wholesale stores; one space for each 400 square feet of floor area and one space for each five employees.

(ii)

Motels and hotels; one parking space for each room for rent and one space for each five employees.

(iii)

Warehousing or storage buildings; one parking space for each three employees.

(iv)

Retail sales stores, personal service establishments, bars, cafeterias or other drinking and eating establishments; one space for each 100 square feet, one space for each four seats.

(v)

Theatres, churches and auditoriums; one parking space for each four seats.

(vi)

Bowling alleys; four parking spaces for each alley.

(vii)

Banks, business and professional offices with on-site customer services; one parking space per four employees or one per 400 square feet gross floor area.

Other uses: For any other uses not specifically mentioned or provided for, the planning board shall determine the standards to be applied for parking in a manner which most closely resembles the intended uses.

d.

Signs. One protruding sign advertising the particular use of the property shall be permitted, provided such sign does not exceed 50 square feet in area and does not exceed a height of 35 feet. Such signs shall not be located on public property. No sign, outdoor commercial advertising device, or lighting device shall conflict with public traffic control devices, adjacent residential districts because of lighting glare, focus, animation or flashing. Revolving beacons, fountain, spot lights, strobe lights, pogo or zipsticks not used for the purpose of sign illumination and intended for attracting attention are prohibited.

e.

Utilities. All utilities shall be underground and designed, located and constructed in order to meet the approval of the city engineer and state department of environmental quality, as applicable.

(Code 1955, § 21-6; Ord. No. 653, § 4, 8-5-1953; Ord. No. 767, 2-17-1976; Ord. No. 768, § 1, 2-17-1976; Ord. No. 813, § 3, 8-3-1981)

In the "E" Unrestricted District:

(1)

No restriction. There shall be no restriction on the height of buildings, nor as to the portions of the lot that may, or may not be occupied by them.

(2)

Use. Buildings and premises may be used for any purpose whatsoever, provided that the provisions of the present, or hereafter adopted ordinances of the city regulating the location or maintenance of nuisances, are complied with; and provided further, that no building or occupancy permit shall be issued for any of the following uses until, and unless, the location of such uses shall have been approved by the city council:

a.

Acid manufacture.

b.

Distillation of bones, coal or wood.

c.

Explosive manufacture or storage.

d.

Fat rendering.

e.

Fertilizer manufacture.

f.

Garbage, offal or dead animal reduction.

g.

Glue manufacture.

h.

Petroleum refining.

i.

Smelting of tin, copper, zinc, or iron ores.

j.

Stock yards or slaughter of animals.

(3)

Conditional use. The following uses may be allowed in an "E" unrestricted district once review and minimum requirements are met according to the planning board and section 42-87. Design standards set forth as conditional to approval must also be met by the applicant.

a.

Mobile or modular homes. Such structures meeting the requirements of section 42-87 and approval of property owners who live adjacent to or border upon the conditional use proposal may be allowed. A 75 percent majority approval must be secured from adjacent or bordering property owners whose property or any portion thereof lies within a distance of 200 feet of the exterior boundaries of the subject lot and presented in the form of a written petition.

1.

Density and spacing shall be as stated in section 42-87(e), (h), and (i) through (l).

2.

Applicant shall consider utilizing two lots with a common interior lot line in order to meet density requirements of section 42-87(f).

3.

A site plan must be submitted at the time of application showing utilities location, building size and type, spacing, landscaping, off-street parking, accessory buildings, canopies and awnings. A legal description of the property proposed for use, shall also be submitted.

4.

The property owner shall be determined by:

(i)

The person who owns the fee, which means a person who appears at the time of the presentation of the petition to have legal title to the lots and the lands by duly recorded deed in the clerk and recorder's office.

(ii)

Any person in possession of lands, lots or portions thereof, or exercising claim or acts of ownership as executor, administrator, personal representative or guardian.

(iii)

In the case of property leased, the possession of the tenant or lessee holding and occupying under such person shall deem the property to be in possession of the owner.

(iv)

In the event the ownership shall be divided between more than one person, any one person who is a joint owner or appears to have an ownership interest shall be able to consent for all property owners. The consent shall be determined on a pro rata basis wherein the consents shall be weighted in accordance with the square footage owned by each owner or joint owner as bears relationship to the square footage of all of the lots within the 200 feet, as defined above, excluding any streets, alleys or property owned by the city, the county or any federal agency.

(Code 1955, § 21-7; Ord. No. 653, § 5, 8-5-1953; Ord. No. 813, § 4, 8-3-1981)

(a)

Intent. The industrial district is established to provide for industries which generally require specially selected locations in the community. These activities require reasonable access to arterial highways and railroads, may have extensive open storage and service areas, and generate heavy traffic. The requirements for the district are intended to ensure reasonable standards of community safety and acceptability consistent with industrial practices.

(b)

Space and bulk requirements. Minimum yard requirements:

(1)

Front: Setback for buildings fronting on industrial districts shall not be less than 25 feet. Where buildings front on arterial or collector streets, setbacks shall be not less than 30 feet.

(2)

Side yard: 15 feet.

(3)

Rear yard: 15 feet.

(c)

Off-street parking/loading and docking standards.

(1)

Parking and loading areas in the business and industrial districts must be designed so that ingress to or egress from a parking or loading space is from an aisle or driveway, not directly from the public right-of-way.

(2)

All open parking areas with four or more parking spaces shall be effectively screened by wall, fence or landscaping from any residential property in any district. Parking and loading areas shall be approved by the city engineer prior to construction.

(3)

All manufacturing uses, research, testing, processing, assembling, all industries shall provide on premises, a parking area nine feet wide and 18½ feet long and in the following ratio: One per two employees and not less than one per each 3,500 square feet of gross floor area.

(4)

Off-street loading docks shall be provided by industries whose principal uses are freight terminal, railroad yard, truck terminal, industrial plant, manufacturing or wholesale establishment.

(5)

All loading docks (berths) shall be provided on the same lot as the use they serve. Off-street loading docks (berths) shall not be less than 14 feet wide and 25 feet long.

(6)

No loading dock shall interfere with existing or projected alleys and pedestrian movement.

(d)

Permitted uses. No building or structure or premises shall be used, and no building or structure shall be altered, erected or maintained, unless otherwise provided in this Code except for one of the following uses:

(1)

Agriculture;

(2)

Cement products, including mixing plants for storage yards, bulk materials, concrete or paving materials;

(3)

Auto repair and body shops;

(4)

Beverage bottling and distributing;

(5)

Building material and equipment, wholesale and retail sales, including storage yards;

(6)

Electric equipment, assembly and repair;

(7)

Grain elevators;

(8)

Feed and seed sales, wholesale and retail storage yards, bulk materials, including oil, gasoline and petroleum products;

(9)

Heavy agricultural (implements or heavy machinery sale, repair, rental or storage);

(10)

Cleaning and dyeing establishments;

(11)

Freight terminals, trucks or rail;

(12)

Laboratories for industrial processing, experimental, testing and research or analytical;

(13)

Railroads and support facilities;

(14)

Welding or sheet metal working;

(15)

Wholesale storage or sales, or storage services;

(16)

Service stations, automobile, marine, trailer and mobile home sale, rental and service;

(17)

Manufacturing or processing:

a.

Any processing or the manufacturing or any products from any material (including, but not limited to, animal or vegetable matter, chemicals, glass, metals, minerals, stones or earth).

b.

Fabrication or assembly of products from prestructured materials or compounds.

c.

Manufacture of food stuffs, textiles, electrical components, fabrication of wood, leather, paper or plastic products. All industries having an effect on public health, plant and animal life and property must undergo state and/or federal permitting procedures. The city-county planning board, city council or county board of county commissioners shall not act on an industrial rezoning application until all state or federal agencies, involved in sitings or monitoring for industries, have completed their review, comment and written stipulations which are conditional to the actual rezoning becoming effective.

(e)

Conditional uses. The following uses must comply with the requirements below and approval secured from the city-county planning board:

(1)

Junkyards, auto wrecking yards, scrap and waste material wholesaling or salvaging when conducted entirely within a building enclosed on all sides or when entirely enclosed with a fence or screened plantings approved by the zoning board of appeals, minimum eight feet in height.

(2)

Sand, rock and gravel extraction pits or quarries.

(3)

Slaughterhouses, rendering plants.

(4)

Livestock sales yards, commercial feed lots for livestock, processing and distribution or other business activity which encloses or retains animals for medical or commercial purposes.

(5)

Explosives, chemicals or fertilizers of an explosive nature and including the storage of flammable fuels, gases or liquid storage above ground.

(6)

Signs; no sign or its supporting structure shall extend within five horizontal feet of a property line. All temporary signs shall be located on private property. Signs less than 12 square feet in area are not subject to a permit. Signs shall be located a minimum of 75 feet to any property line of any residential district.

(Code 1955, § 21-7.1; Ord. No. 813, § 7, 8-3-1981)