A.

Applicability.

1.

The provisions of this section apply to all newly established accessory living spaces in new buildings, additions to existing buildings, or as renovations to spaces in existing buildings.

2.

Accessory living spaces may only be established as accessory to and on the same lot as an existing or simultaneously constructed with a new single-family home.

B.

Intent. The intent of this section is to allow for flexibility in the use of accessory buildings associated with single-family homes. Such spaces fulfill the community desire for additional living space to accommodate local and national trends toward multi-generational family households, as well as "bonus spaces" for hobby, recreation, and other similar uses commonly found within a single-family home. Accessory living spaces are not intended to be fully independent dwelling units, and must be clearly subordinate and accessory to the principal single-family home.

C.

Requirements for establishment.

1.

Location. Accessory living spaces may only be established in an accessory building upon the same lot as an existing single-family home, or in an accessory building that is constructed simultaneously with a new single-family home.

2.

Subordinate use. Accessory buildings housing accessory living spaces must be clearly subordinate to the principal single-family home in location, height, square footage and lot coverage.

3.

Dimensions and visual buffering. For the protection of privacy and the health, safety and welfare of adjoining properties and their occupants, the following height, setback and design standards apply to buildings containing accessory living spaces:

a.

General dimensional requirements. Generally, with the exception of 3.b. and 3.c below, height and setback measurements must be in compliance with Exhibit 20-4. If the building is located in a zoning district other than those shown in Exhibit 20-4 but accessory to a legal non-conforming single-family home, the dimensional standards for the R-3 zoning district as shown in Exhibit 20-4 shall apply.

b.

Side yard setbacks for new buildings. Side yard setbacks for newly established buildings containing accessory living spaces must meet the same minimum setback as the principal building, or a six-foot minimum setback, whichever is greater.

c.

Rear yard setbacks for new buildings. Newly established buildings containing accessory living spaces must be set back at least ten (10) feet from the rear lot line, if the rear of the lot does not border an alley. Otherwise, rear setbacks must comply with Exhibit 20-4.

d.

Visual buffering. If accessory living spaces are established in an existing building that does not comply with the requirements in 3.a, 3.b or 3.c of this Section, windows or doors may only be installed on facades oriented toward conforming setbacks.

4.

Building Code compliance. Accessory living spaces shall comply with all Building Codes and other relevant City Codes for establishment of same.

D.

Prohibited. Accessory living spaces shall not:

1.

Be rented, leased or sold separately from the lot's principal single-family home.

2.

Be used for any use not commonly found within a single-family home.

3.

Be used by any person other than the occupant of the principal residential home or the occupant's immediate family, or by temporary guests. For the purposes of this section, "temporary guests" shall mean a person or persons, other than a member of a resident family, who occupies an accessory dwelling unit for sleeping purposes and who is not required to pay rental of any kind for such occupancy, for a period of not more than thirty (30) days.

4.

Contain or house home occupations.

5.

Include or be designed to accommodate a stove or range, or otherwise fully independent kitchen facilities.

6.

Be separately addressed or metered for water.

7.

Cumulatively exceed seven hundred fifty (750) square feet.

8.

Be constructed prior to establishment of the lot's single-family home.

(Ord. No. 3087, § 1(Exh. A), 6-19-2012, eff. 7-19-2012)

Editor's note— Ord. No. 3056, § 1, adopted August 17, 2010, repealed § 17.20.7.010, which pertained to agriculture, livestock. Subsequently, Ord. No. 3087 enacted provisions designated as a new § 17.20.7.010 to read as herein set out. See also the Code Comparative Table.

A.

Weather protection. When an ATM is located on the exterior of a building, weather protection must be provided. Examples include awnings or a shallow portico.

B.

Security. ATMs shall be located in such a location to be readily visible.

C.

Lighting. Proper lighting levels shall be maintained for security purposes.

D.

Litter. At least one (1) trash receptacle shall be provided.

A.

Intent. This provision is intended to allow entrepreneurs to open up their homes to itinerant overnight guests. This will allow residents to provide a valuable service and make more efficient use of large existing homes in the City.

B.

Standards. Bed and breakfasts shall comply with each of the following standards:

1.

Type of dwelling. A bed and breakfast shall only occur within a single-family dwelling.

2.

Number of allowable guest rooms. No more than six (6) guest rooms shall be offered.

3.

Residency requirement. The operator of the bed and breakfast shall reside within the single family dwelling on a permanent basis.

4.

Exterior character of the dwelling unit. The exterior appearance of the building shall not be altered from its single-family appearance.

5.

Food preparation. No food preparation or cooking shall be allowed in guest rooms.

6.

Meals. Meals shall only be offered to overnight guests.

7.

Signs. Signs shall be consistent with the provisions of Chapter 60 of this Title.

A.

Orientation. All non-decorative posts, horizontal supports, cross-members, and the like shall be oriented inward to the lot on which the fence is located.

B.

Materials and maximum coverage. Fences shall be constructed of typical building materials commonly used for fence construction. Single strand wire or barbed wire may not be used in residential zoning districts, except in the R-1 district for agricultural purposes. In residential zoning districts, fences located between the front lot line and the front of the principal building shall have a maximum opacity of fifty (50) percent.

C.

Maximum height. Fences shall not exceed the heights listed in Exhibit 20-8. Fences shall comply with landscape screening requirements and standards of this Title.

Exhibit 20-8. Standards for fences

(Ord. 2950, 2007)

A.

Applicability. Gaming is allowed as an accessory use to the primary, permitted use of the building. Primary, permitted uses are limited to taverns, restaurants, hotels and motels.

B.

Standards. Accessory gaming shall comply with each of the following standards:

1.

Separation from primary use area. Accessory gaming shall be separated from the area occupied by the primary use, with only doorway access and with no open windows to the primary use area. The size and location of doorway access shall be in accordance with official building code requirements.

2.

Maximum area. The maximum square footage of the accessory gaming area shall not exceed five hundred (500) square feet and shall not exceed fifteen (15) percent of the total square footage of the area occupied by the primary use.

3.

Exterior signage. Exterior signage indicating any form of gaming is allowed only on one (1) frontage of building wall and shall not exceed fifteen (15) percent of the total wall sign allocation for that one (1) building frontage. The fifteen (15) percent is inclusive of the total wall sign allocation for that building frontage.

4.

Accessory gaming entrance. The primary entrance to the establishment shall not be through the gaming area. Additionally, general public access to restroom facilities shall not be through the gaming area.

Private garages and Accessory Structures shall occupy no more than the cumulative area shown in Exhibit 20-9, provided other development standards can be met.

A.

Measurement. Garage and Accessory Structure area limitation measurements are guided by the following provisions:

1.

Measurements are cumulative of all garage spaces and accessory structures, including but not limited to sheds and carports.

2.

Measurements include only the square footage of the ground or main floor level.

3.

Upper stories or loft storage areas are excluded from the measurement of area for the purpose of compliance with Exhibit 20-9; however, ground level accessory living spaces, if included in a garage building, are included in the calculation.

Exhibit 20-9. Cumulative area limitations

(Ord. 3232 meeting, 2021; Ord. 3087, 2012)

A.

Validity of use. The individual primarily responsible for the home occupation must reside in a dwelling unit on the parcel.

B.

Location and space limitation. The home occupation shall occur entirely within the dwelling unit and space specifically designated for use of the home occupation shall occupy no more than thirty (30) percent of the total floor area.

C.

Employees. No more than one (1) nonresident employee may work on the property at a time. (Note: There is no restriction on the number of people that may be employed and that work off-site.)

D.

Exterior character of the dwelling unit. The exterior character of the dwelling unit shall not be substantially altered to accommodate the home occupation.

E.

Storage of materials. Exterior storage of materials or equipment is prohibited.

F.

Signs. Signage for home occupations must conform to the requirements in section 17.60.2.020(K) of chapter 60 of this Title.

(Ord. 2950, 2007)

G.

Retail sales. The indoor display or retail sales of those products manufactured or otherwise made on the premises are permitted. All other on-site sales are prohibited.

H.

Limitations on business vehicles. No vehicle used for the home occupation shall exceed a one-ton rate capacity. No more than one (1) such vehicle shall be parked on the site.

I.

Prohibited uses. The following uses do not qualify as a home occupation: veterinary services, medical offices, animal boarding or grooming, barber, hair care, restaurant, vehicle repair, or any other similar high traffic generation activity.

(Ord. 2950, 2007)

A.

Minimum lot size. No livestock shall be kept on a lot less than one (1) acre.

B.

Density. No more than two (2) head of livestock over the age of six (6) months shall be maintained per acre.

C.

Building setbacks. New barns, pole barns, stables, and other similar buildings used to house livestock shall observe the building setback standards established for the district plus an additional ten (10) feet.

D.

Enclosure required. Livestock shall be confined within a fence or other suitable enclosure.

In the C-4 zoning district, only upper level residences are permitted.

(Ord. 2950, 2007)

A.

Time limits. Sales may occur within a temporary structure not exceeding 100 square feet. The structure shall be removed from November 15 through May 1.

B.

Parking. Adequate parking shall be provided in sufficient quantity to satisfy demand.

A.

Location. Storage containers on commercially zoned parcels shall conform to the following locational standards:

1.

Storage containers shall not be located in a parking area required by this Title.

2.

Storage containers shall only be located between the back of the building and rear lot line.

3.

Storage containers shall observe the setback requirements for the district in which located.

4.

Storage containers shall not be located in a buffer as may be required by this Title.

B.

Number. No more than one (1) storage container shall be located on a commercially zoned parcel.

C.

Removal of nonconforming containers. Within one (1) month following the effective date of this Title, all existing containers will be made to conform to this section.

A.

Definitions.

1.

Small wind-powered electricity systems have a rated capacity of up to and including one hundred (100) kilowatts (kW) and are incidental and subordinate to a permitted use on the same parcel. A system is considered a small wind-powered electricity system only if it supplies electrical power solely for on-site use, except that when a parcel on which the system is installed also receives electrical power supplied by a utility company, excess electrical power generated and not presently needed for on-site use may be used by the utility company as may be governed by applicable state statutes.

2.

Large wind-powered electricity systems have a rated capacity of over one hundred (100) kilowatts (kW) and are intended to produce electricity for use on-site and/or sale to a rate regulated utility company or other off-site provider of electric power. Such systems may also be termed as "commercial wind-powered electricity systems".

3,

Tower height means the vertical measurement from the base of the tower to the top of the tower itself or the tip of the highest piece of equipment attached thereto. In the case of building-mounted towers the height of the tower does not include the height of the building on which it is mounted.

B.

Siting. Small wind-powered electricity systems are allowed as accessory uses in all zoning districts provided the following standards are met:

1.

In residential districts (R-1, R-2, R-3, R-5, R-6, R-9, and R-10), wind-powered electricity systems rated up to and including ten (10) kW are allowed. The maximum height shall be eighty (80) feet, as measured from finished ground level to the top of the tower system, which includes the generating unit and the highest vertical extent of any blades or rotors.

2.

In all other districts (C-1, C-2, C-3, C-4, C-5, M-1, M-2, POS, PLI, IA, I-1, and I-2), wind-powered electricity systems up to and including one hundred (100) kW are allowed. The maximum height shall be one hundred twenty-five (125) feet, as measured from finished ground level to the top of the tower system, which includes the generating unit and the highest vertical extent of any blades or rotors.

3.

On parcels greater than one (1) acre in size, except within residential districts, wind-powered electricity systems up to and including one hundred (100) kW are also allowed as a primary use provided all other applicable provisions of this section are met.

C.

Minimum Setback Requirement. Minimum setback from any property line for wind-powered electricity systems eighty (80) feet or less in height above the ground shall be one hundred ten (110) percent of the tower height (i.e. 110% × tower height = minimum setback). Minimum setback from any property line for wind-powered electricity systems more than eighty (80) feet in height above the ground shall be two hundred (200) percent of the tower height (i.e. 200% × tower height = minimum setback).

D.

Permits. All wind-powered electricity system installations are subject to applicable building, electrical, and mechanical permits issued by the City and shall be located in compliance with any applicable Federal Aviation Administration regulations and guidelines.

E.

Noise. All wind-powered electricity systems are subject to noise standards set forth in Chapter 8.56, Official Code of the City of Great Falls, and it is incumbent upon the property owner to demonstrate compliance prior to the issuance of any permits by the City.

F.

Color. Tower colors should have a matted or non-reflective finish and be of neutral subdued tones such as earth tones of green or brown. Gray, including naturally darkening galvanized gray, is also acceptable. Towers shall not be finished in bright or vivid colors intended to draw attention to the structure or property.

G.

Signs. The system tower shall not be used for signs and advertising of any kind. One (1) sign, limited to four (4) square feet, shall be posted at the base of the tower. The sign shall include a notice of no trespassing, a warning of high voltage, and the telephone number of the property owner/operator to call in case of emergency.

H.

Lighting. The system shall be unlit unless required to meet Federal Aviation Administration regulations in which case tower lighting shall be shielded or directed to the greatest extent possible to minimize the amount of light that falls onto nearby properties, particularly residences.

I.

Anti-Climbing Measures. All tower systems with climbable features shall be enclosed by a fence or shall incorporate other effective anti climbing measures to discourage unauthorized climbing of the tower and reduce potential for trespass and injury.

J.

Removal. Tower systems that remain nonfunctional or inoperative for a continuous period of one (1) year shall be deemed to be abandoned, shall constitute a public nuisance and shall be removed by the owner/operator.

K.

Prohibited Systems. Large or commercial wind-powered electricity systems shall not be allowed, erected, operated or maintained within the City.

(Ord. No. 3034, § 3, 7-21-2009)