Glendive City Zoning Code

SPECIAL REGULATIONS

§ 155.240 OFF-STREET PARKING REQUIREMENTS.

(A) Intent. The intent of this subchapter is to reduce traffic congestion and the need for parking on streets and the hazards caused thereby and to provide off-street parking adequate for each type of development in terms of both quantity and location.

(B) Parking requirements, general. There shall be provided at the time of erection of any building or structure, or at the time of any change in occupancy of any building or structure, minimum off-street parking accommodations meeting provisions of this section.

(1) Expansion and enlargement. Whenever any building is enlarged in height or in ground coverage, off-street parking shall be provided for the expansion or enlargement in accordance with the requirements of this subchapter.

(2) Nonconforming uses. Nothing in this subchapter shall be deemed to prevent the voluntary establishment of off-street parking to serve any existing use of land or buildings even though nonconforming; provided, that all regulations herein governing the location, design, size and space standards and operation of such facilities are met.

(3) Use not specified. In the case of a use not specifically mentioned in this subchapter, the requirements for off-street parking facilities shall be determined by the Zoning Coordinator. Such determination shall be based upon the requirements for the most closely comparable use listed.

(4) Reduction in spaces. Off-street parking spaces existing and actually being used for the parking of automobiles or other motor vehicles in connection with the use of an existing building shall not be reduced in number or size, during the entire life of such building or land use, below that which would be required for a new building or use of a similar type.

(5) Fractional spaces. If the number of off-street parking spaces hereinafter required contains a fraction, such number shall be rounded up to the next highest whole number.

(1) Off-street parking area(s) as required by this section shall be located as specified herein:

(a) Single- and two-family dwellings. On the same site as the dwelling they are to serve;

(b) Multi-family dwellings, townhouses, retirement homes, lodging, boarding and bed and breakfast houses. Within 100 feet of the use to be served;

(c) Hospitals, sanitariums, convalescent nursing homes, rest homes, homes for the aged. Within 600 feet for employees and 300 feet for visitors; and

(d) Other uses not specified above. Within 400 feet of the use they are intended to serve.

(2) Where a distance is specified, such distance shall be measured in walking distance measured from the nearest point of the parking facility to the nearest point of the lot such facility is required to serve. The off-street parking shall not be located across a major arterial street except when both properties are contiguous to an intersection with traffic control lights. Off-street parking should not be located across a minor arterial or collector street from the business or residence.

(3) Off-street parking areas must be accessible by a public street or alley and shall be owned or leased by the owner or lessee of the building or use being served by such parking. Such parking lot shall be maintained as a parking lot so long as the building and/or use served is in operation or until another suitable parking area is established for such building or use.

(4) Required parking spaces shall be located so as to preclude backing maneuvers onto any public right-of-way from any use, with the exception of single- and two-family dwellings. Required parking spaces shall not be located in any required front or side yard except for detached single-family dwellings and townhouses.

(D) Design standards, construction specifications.

(1) Size. An off-street parking space shall be at least nine feet in width and at least 20 feet in length, exclusive of access drives, yards or ramps. Such spaces shall have a vertical clearance of at least seven feet.

(2) Surfacing. All off-street parking spaces and access areas shall be improved with asphaltic or Portland cement concrete, except single-family development on individual lots and shall be designed by accepted engineering methods.

(3) Drainage. All off-street parking areas shall be graded and drained so as to adequately dispose of all surface water generated. Surface water shall not be drained across public sidewalks or alleys. Drainage plans for uses requiring more than ten parking spaces shall be submitted with the building permit application for approval prior to the issuing of a building permit.

(4) Walkways. Walkways shall be a minimum of five feet in width and shall be provided between any building and adjacent parking lot. Where sidewalk curbs serve as wheel stops, an additional two feet of sidewalk width is required.

(5) Lighting. Lighting used to illuminate a parking area shall be arranged in such a manner as to not be a hazard to passing motorists or have its source visible from any residential property in any district.

(6) Wheel stops. Wheel stops shall be installed at least 30 inches from all adjacent sidewalks, fences and walls. Such stops shall be either a concrete piece at least 60 inches long and five inches high and affixed securely to the parking surface, or a continuous concrete curb.

(7) Landscaping. Any use having more than 7,500 square feet of required parking shall have 2% of the gross required parking area landscaped with proper parking lot trees and shrubs having a low profile. Such landscaping will be properly maintained at all times.

(8) Maintenance. Maintenance of all areas provided for off-street parking shall include repair and maintenance of drain and repair of traffic control devices, signs, lights, standards, surfacing materials, curbs and sidewalks and removal of dirt, trash and weeds.

(E) Number of parking spaces required.

(1) Specified uses.

Specific Use	Required Parking Spaces
Banks, business and professional offices	1 parking space per 300 square feet of floor area
Board, lodging, bed and breakfast houses and the like	1 parking space per dwelling or lodging unit
Bowling alleys	4 parking spaces per alley
Churches, auditoriums and similar uses	1 parking space per 4 fixed seats or 1 parking space per 100 linear inches of pew or 1 parking space per 65 square feet or floor area used for assembly
Convalescent nursing homes and retirement homes	1 and 1/2 parking spaces per 1,000 square feet
Convenience store/gas combination	1 parking space per 80 square feet of gross floor area with 10 spaces minimum (pump lanes not counted as parking spaces)
Daycare, nursery and preschools	1 parking space per employee and 1 parking space per 6 children
Furniture, appliance stores, household and equipment sales	1 parking space per 400 square feet of floor area, plus 1 space for each 5 employees
Hospitals and institutions:
Over 100 beds	1.25 spaces per bed, plus 1 per employee per shift
With less than 100 beds based upon state bed count	1 and 1/2 parking spaces for each 1,000 square feet of total area or 1.25 spaces per bed, plus 1 per employee per shift
Libraries and museums	2 parking spaces for each 1,000 square feet of floor area
Manufacturing uses, research, testing or repair of materials or commodities, processing, assembling	1 parking space per 2 employees on maximum shift, but not less than 1 parking space per 800 square feet of gross floor area
Medical and dental offices or clinics	1 parking space per 200 square feet of floor area
Mortuaries and funeral homes	1 parking space per 4 seats
Motels/hotels	1 parking space per sleeping room and 1 parking space per employee on shift
Motor vehicle showrooms, machinery sales and service, plumbing, heating and ventilating, upholstery, building material supplies, sales and service	1 parking space per 1,000 square feet, plus 1 parking space per employee
Open sales area, trailer sales and rental, manufactured home sales and garages	1 parking space per 1,500 square feet of sales area
Private clubs and lodges	1 parking space per 200 square feet of floor area
Public utilities and public buildings	1 parking space for each 2 employees, plus 5 spaces for public use
Residential single-family or duplex dwelling	2 parking spaces per dwelling unit
Residential multi-family dwelling	1 and 1/2 parking spaces per 2 or more bedroom dwelling units
Restaurants, bars and other eating and drinking establishments	1 parking space per 100 square feet of gross floor area, plus 1 parking space for each 4 employees
Restaurants with drive-in service	1 parking space per 80 square feet of floor area, with 10 parking spaces minimum
Retail sales - less than 5,000 square feet (include barber, beauty, personal services)	1 parking space per 200 square feet of floor area
Retail sales - greater than 5,000 square feet	25 parking spaces, plus 1 parking space per 300 square feet in excess of 5,000 square feet
Schools, elementary and junior high (public or private)	1 parking space per classroom, plus 5 additional with minimum auditorium requirements, if applicable
Schools, high school, college, vocational and trade (private and public)	1 parking space per employee and 1 parking space per 5 students, plus auditorium requirements
Service stations, automotive repair and services	1 parking space per 80 square feet of gross floor area, with 10 spaces minimum (pump lanes not counted as parking spaces)
Theaters, auditoriums, stadiums, sports arenas and other similar uses	1 parking space for each 4 fixed seats or 1 parking space per 100 square feet of assembly space without fixed seats
Warehouses or storage buildings	10 spaces for the first 20,000 square feet of and 1 additional space for each additional 10,000 square feet and 1/2 space per employee
Wholesale establishments	5 parking spaces for each 1,000 square feet

(2) Other uses. For any other uses not specifically mentioned or provided for, the Zoning Coordinator shall determine the standards to be applied for parking, using as a guide the listed use which most closely resembles the use proposed.

(3) Computation of employees. Space requirements for employees shall be computed by the number of employees on shift during peak parking demand.

(F) Joint use of parking facilities, conditions required.

(1) Uses. The Zoning Coordinator may authorize the joint use or lease of off-street parking facilities for the following uses or activities under the conditions specified.

(a) Up to 50% of the parking facilities required by this chapter for primarily “nighttime” uses such as theaters, bowling alleys, bars, restaurants and related uses, may be supplied by certain other types of buildings, or uses herein referred to as “daytime” uses such as banks, offices, retail, personal service shops, clothing, food, furniture, manufacturing or wholesale and related uses.

(b) Up to 50% of the parking facilities required by this section for a church or auditorium may be supplied by the parking facilities provided for primarily “daytime uses.”

(2) Conditions required. The building or use for which application is being made to utilize the off-street parking facilities provided by another building of use shall be located within 500 feet of such parking facilities, in addition to which:

(a) The application shall show there is no substantial conflict in the principal operating hours of the two buildings or uses for which joint use of off-street parking facilities is proposed;

(b) The applicant shall present to the city a legal agreement executed by the parties concerned for joint use of off-street parking facilities. The lease shall contain a notification requirement whereby the Zoning Coordinator will be informed in writing of any termination or complication experienced during the time of the lease. The legal document shall be recorded with the County Clerk and Recorder; and

(G) Handicapped parking requirements. Parking spaces shall be provided for the handicapped and shall be clearly signed and marked with a stenciled notation on the pavement designating such use. Such parking spaces shall be located closest to the handicapped accessible entrance with an accessible route provided to that entrance and approved handicapped parking signs shall be posted. The size and number of handicapped parking stalls shall comply with the current ADA policies and rules.

(Prior Code, § 11-4-1) (Ord. 09-2002, passed 5-21-2002)

§ 155.241 SIGNS.

(A) Intent. The following regulations shall govern the location, area and type of signs permitted within the city. It recognizes the need to protect the safety and welfare of the public, the need for well maintained and attractive signing within the community and the need for adequate business identification and advertising.

(B) Signs permitted in zoning districts in the city.

(1) Residential zones.

(a) Single-family residential zones: One unlighted identification sign shall be permitted per residential use, provided that such sign does not exceed four square feet in area.

(b) Multi-family residential zones: Multi-family, rooming and boarding houses may have one identification sign, not to exceed 12 square feet in sign area.

(c) Identification signs, bulletin boards and other similar structures for governmental agencies which may be regulated by the city are subject to approval by the Zoning Coordinator.

(d) All signs, except for neighborhood identification signs provided in division (B)(1)(f) below, shall be wall, pedestal or ground signs, but may not be placed on public property.

(e) No sign shall block any means of egress nor shall be placed as to be a sight obstruction to pedestrians or traffic.

(f) For a neighborhood tract, two identification signs per tract entrance. A sign, masonry wall, landscaping and other similar materials or features may be combined to form a display for neighborhood or tract identification; provided, that the legend of such sign or display shall consist only of the neighborhood, tract or developer’s name and logo. No sign or structure shall exceed 32 square feet in size nor be over eight feet in height as established from the street grade and must be located a minimum of five feet behind all property lines.

(g) One sign of a temporary nature, such as “For Sale” or “For Rent” shall be permitted per residential use, provided such sign does not exceed six square feet and is not lighted; said sign may be wall, pedestal or ground type.

(2) Agricultural districts.

(a) Highway signs or other such highway oriented advertising devices shall be permitted, provided such signs and devices comply with all state and federal regulations and are located at least 1,000 feet from any existing advertising sign or device regardless of political boundaries, width of rights-of-way, existing highways, streets, roads or easements.

(b) New billboards located within the zone shall not be placed within 150 feet of any residential zone.

(3) Residential professional and neighborhood commercial limited.

(a) One sign advertising the particular use of the property shall be permitted, provided such sign does not exceed 32 square feet in sign area.

(b) Signs shall be placed flat against a building or designed as part of an architectural feature thereof. Signs may also be detached if they do not exceed a height of eight feet. Detached signs must be located a minimum of five feet behind all property lines.

(c) When a developed parcel fronts on more than one public right-of-way or street, excluding alleys, the above provisions of this section shall apply to each frontage.

(4) General Commercial, Central Commercial, Highway Commercial, Light Industrial, Heavy Industrial Districts.

(a) One sign advertising the particular use of the property shall be permitted, provided such sign does not exceed 200 square feet in area and does not exceed a height of 75 feet above the centerline of the adjacent roadway. The sign must be located five feet behind all property lines except, if the bottom of the structure is 12 feet or higher above the established grade, then the sign may be located up to one foot behind the property line. Signs located in the Central Business District may be located up to the property line.

(b) No rotating freestanding sign shall rotate at a rate faster than six revolutions per minute or have a minimum clearance lower than nine feet between the bottom of the sign and the ground.

(c) No wall or canopy signs shall project into the public right-of-way except in the Central Business District where wall signs may project 18 inches over the right-of-way, subject to a minimum height limit of nine feet from the sidewalk. Marquee signs may project up to two feet to a vertical line from the curb face over the right-of-way.

(5) Church, school and other institutional use signs.

(a) One freestanding monument announcement sign or bulletin board not to exceed five feet in height or eight feet in length, inclusive of supporting structure.

(b) Two wall signs placed flat against a building or designed as a part of an architectural feature not to exceed 32 square feet per sign.

(6) Other signs and banners.

(a) Banners. Banners on or over public property may be authorized by the City Council for a period not to exceed ten days. Message and symbols are limited to public service messages with no commercial advertising of any nature appearing on the banner. This shall not preclude the identification of an event sponsor, provided that the identification shall not occupy more than 15% of the area of the banner. The city may require the applicant to indemnify the city and to provide insurance covering any liability that may occur as a result of placement of the sign.

(b) Directional or instructional signs. Signs which provide direction or instruction and are located entirely on the property to which they pertain and do not exceed four square feet in sign area. Signs shall not cause visual obstructions to traffic.

(d) Political or campaign signs. Political or campaign signs on behalf of candidates for public office or measures on election ballots may be erected not earlier than 45 days prior to the primary or special election and shall be removed within 15 days following the general or special election. If there is no primary election scheduled, then such signs may not be erected earlier than 45 days prior to the general election. In any zone, such signs shall not exceed 32 square feet in aggregate area and, if detached, shall not exceed six feet in height. Signs over 30 inches in height shall comply with the clear vision standards at intersections. No political sign, poster or handbill shall be located within or over the public right-of-way or on any utility pole, official public sign, bridge or fire hydrant.

(e) Real estate signs. One real estate sign on any lot or parcel, provided such sign is located entirely within the property to which the sign applies, is not directly illuminated, does not exceed six square feet in area in residential zones and 12 square feet in commercial zones and is removed within seven days after the sale, rental or lease has been completed.

(7) Prohibited signs and sign structures.

(a) Animated and intensely lighted signs. No signs shall be permitted which are animated by means of flashing, scintillating, blinking or traveling lights or any other means not providing constant illumination. Public service information signs and other electronic message center classified as “changing signs” are permitted.

(b) Parking of advertising vehicles prohibited. No person shall park any vehicle or trailer on a public right-of-way which has attached thereto or located thereon any sign or advertising device for the basic purpose of providing advertisement of products or directing people to a business or activity located on the same or nearby property or any other premises. This section is not intended to prohibit any form of vehicular signage such as a sign lettered on a motor vehicle or company vehicle signs.

(c) Swinging signs. Signs installed on an arm or spar, that is not, in addition, permanently fastened to an adjacent wall or upright pole.

(d) Other signs. Signs which, by reason of their size, location, movement, content, coloring or manner of illumination, may be confused with or construed as a traffic control sign, signal or device, or the light of an emergency or road equipment vehicle, or which hide from view any traffic or street sign or signal or device.

(e) Nuisance. No sign, outdoor commercial advertising device or lighting device constituting a nuisance to an adjacent district or creating hazardous or unsafe driving conditions for motorists because of lighting glare, focus, animation or flashing of a sign, lighting or advertising device, shall be erected or continued in operation.

(Prior Code, § 11-4-2) (Ord. 09-2002, passed 5-21-2002) Penalty, see § 155.999

§ 155.242 ADDITIONAL HEIGHT AND AREA REGULATIONS.

(A) Height regulations; exceptions.

(1) Churches, schools, hospitals, nursing or retirement homes or public buildings may exceed the height limitations of the district if the minimum depth of the front, side and rear yard setbacks are increased two feet for every one foot by which the structure exceeds the height limitation of the district. This allowed height shall not exceed two times the allowed height in the zoning district in which it is located, without approval through the variance procedure.

(2) Spires, belfries, cupolas, antennas, water towers or tanks, chimneys or smokestacks, power transmission lines, cooling or elevator towers, grain elevators or similar and necessary appurtenances not used for human occupancy are exempt from the height regulations as herein provided.

(B) Accessory buildings.

(1) Rear yard. Accessory buildings may be built in a required rear yard, but such accessory buildings shall not occupy more than 30% of a required rear yard.

(2) Proximity to lot lines. All accessory buildings, excepting garages and carports, shall not be located nearer than two feet to any side or rear lot line.

(3) Garages. Residential garages and carports shall not be located nearer than five feet to any side or rear lot line, except that when a garage is entered from an alley at right angles, it shall not be located closer than ten feet to the alley line. If a garage is located closer than ten feet to the main building, the garage shall be regarded as a part of the main building for the purpose of determining setbacks.

(C) Yards. Every part of a required yard shall be open to the sky, unobstructed by any structure, except for the projection of roof overhangs, eaves, belt course, cornices and ornamental features which are not to exceed 12 inches.

(D) Basement or cellar. No basement shall be occupied for residential purposes until the remainder of the dwelling has been substantially completed.

(E) Porch, terrace, platform or ornamental feature.

(1) An open unenclosed porch, open exterior stairways or decks projection into required setbacks shall not exceed two feet in side yards or six feet in front yards.

(2) Covered unenclosed porches over front stoops or walkways shall not exceed four feet into required setbacks. These projections are not permitted if they protrude into or hang over the public right-of-way.

(F) Fireplaces; bay windows. Fireplaces and bay windows shall not exceed two-foot projection into required front and side yard setbacks.

(G) Side yard; two-family or multiple-family dwelling. For the purpose of the side yard regulations, a two-family dwelling or multiple-family dwelling shall be considered as one dwelling occupying one lot.

(H) Main building; farming, commercial or industrial. Where a lot or tract is used for farming or for a commercial or industrial purpose, more than one main building may be located upon the lot or tract, but each such main building shall conform to all open space requirements around the lot for the district in which the lot or tract is located.

(I) Open space. Where an open space is more than 50% surrounded by a building, the minimum width of the open space shall be at least 20 feet for one-story buildings, 30 feet for two-story buildings and 40 feet for three or more story buildings.

(J) Double frontage lots. Where lots have double frontage, the required front yards shall be provided on only the street to which the property is addressed.

(K) Front yard adjustments. The front yard previously established shall be adjusted in the following cases.

(1) Where 40% or more of the frontage on the same side of a street between two intersecting streets is developed with two or more buildings that have (with a variation of five feet or less) a front yard greater in depth than herein required, new buildings shall not be erected closer to the street than the front yard so established by the regulations of the zoning district in which the property is located.

(2) Where 40% or more of the frontage on one side of a street between two or more intersecting streets is developed with two or more buildings that have a front yard of less depth than herein required, the minimum front yard shall be a line between the two closest front corners of the adjacent buildings on each side.

(Prior Code, § 11-4-3) (Ord. 09-2002, passed 5-21-2002; Ord. 02-2024, passed 3-5-2024)

§ 155.243 TRANSITION.

Where any light or heavy industrial district abuts an AR, R-1, R-2, R-3, R-4 or RP Zone, there shall be a minimum setback on the abutting side of 20 feet between the industrial use and the zone boundary; such setback area shall act as a buffer zone and shall be submitted to the Planning Board at the time of application; such plan shall show the type of fencing, landscaping, screening and other such factors deemed necessary and pertinent for aesthetic buffering.

(Prior Code, § 11-4-4) (Ord. 09-2002, passed 5-21-2002)

§ 155.244 FENCES.

(A) Impede vision. Regardless of other provisions of this section, no fence, wall or hedge shall be erected or maintained in any yard which materially impedes vision of vehicles entering on abutting streets.

(B) Height. No fence over 48 inches in height may be erected within the required front yard of any lot used for residential purposes. No residential fence shall exceed a height of six feet without first obtaining a variance from the Board of Adjustment.

(1) Electric fences. No electric fence shall be allowed in any zoning district.

(2) Barbed wire fences. No barbed wire fencing shall be permitted in any residential zoning district. Barbed wire fencing material may be used as a part of a fence in a commercial or industrial zoning district or for protection of public utilities in any zoning district when such material is located not less than seven feet above grade.

(D) Construction materials. All fences shall be constructed from approved materials which are commonly used for fencing and shall not be constructed from railroad ties, tires, rubble or salvaged material.

(E) Vision zone. On the street side of all lots where an alley or private driveway enters the street right-of-way, a triangular clear vision zone shall be maintained. Such zone shall measure ten feet into the lot as measured from the edge of the sidewalk nearest the property line, and 20 feet parallel to the street measured from the edge of any alley or driveway, away from the alley or driveway, along the edge of the sidewalk nearest the property line. No fence, wall, hedge or shrub over 36 inches in height shall be erected or maintained within the above defined clear vision zone. If no sidewalk exists, the point of reference for all measurements shall be determined by the Zoning Coordinator or Public Works Director.

(F) Retaining wall. A retaining wall is designed to hold in place a mass of earth or the like, such as the edge of terrace or excavation. The structure is constructed to resist the lateral pressure of soil when there is a desired change in ground elevation that exceeds the angle of repose of the soil. That portion of a retaining wall that is at the pre-disturbance grade shall not be included in the maximum fence height calculation.

(G) Corner lots. Corner lots in all zones shall not be permitted to have any fence, hedge, wall, shrub, structure or vision impediment which constitutes a hazard to the traveling public within the area designated as the “clear view triangle.” This area can be determined by measuring 80 feet from the center of the two intersecting public or private streets along the centerline of each street, then connecting the two points with a straight line forming the hypotenuse of the clear view triangle. Trees within the clear view triangle shall have branches removed at the trunk from ground level to a minimum of eight feet above the ground level. Shrubs, fences, hedges, walls and other vision impediments within the clear view triangle shall be maintained no higher than three feet above the established top of curb.

(Prior Code, § 11-4-5) (Ord. 09-2002, passed 5-21-2002; Ord. 02-2024, passed 3-5-2024) Penalty, see § 155.999

§ 155.245 VISIBILITY AT INTERSECTIONS.

Corner lots in all zones shall not be permitted to have any fence, hedge, wall, shrub, structure or vision impediment which constitutes a hazard to the traveling public within the area designated as the “clear view triangle.” This area can be determined by measuring 80 feet from the center of two intersecting public or private streets along the centerline of each street, then connecting the two points with a straight line forming the hypotenuse of the clear view triangle. Trees within the clear view triangle shall have branches removed at the trunk from ground level to a minimum of eight feet above the ground level. Shrubs, fences, hedges, walls and other vision impediments within the clear view triangle shall be maintained no higher than three feet above the established top of curb grade.

(Prior Code, § 11-4-6) (Ord. 09-2002, passed 5-21-2002; Ord. 02-2024, passed 3-5-2024)