For the purpose of regulating, classifying and restricting the location of trades, industries and enterprises, and the location of 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 determining the area of the yards and other open spaces surrounding buildings hereafter erected, and preventing additions to, and alterations to or remodeling of, existing buildings or structure in such a manner as to avoid the restrictions and limitations in this section contained, the city is hereby divided into nine (9) districts termed respectively as follows:

The districts aforesaid and the boundaries of such districts are shown upon the map attached to the ordinance codified herein and made a part of this title, being designated as the "zoning map A" and said map and all the notations, references and other information shown thereon shall be as much a part of this title as if the matters and information set forth by said map were all fully described herein. (Ord. 599, 8-5-1974, eff. 9-4-1974)

   (B)   Height: No building or structure nor the enlargement of any building or structure shall be hereafter erected with any exposed side greater than thirty feet (30') in height.

   (C)   Area: No building or structure nor the enlargement of any building or structure shall be hereafter erected, unless the following yards and lot areas are provided and maintained in connection with such building, structure or enlargement: (Ord. 599, 8-5-1974, eff. 9-4-1974)

      1.   Front Yard: There shall be a front yard of not less than thirty feet (30') in depth from any street or avenue, except that the front yard on the longer side of corner lots shall be not less than twenty feet (20'). In no event may the entry side of a garage be less than thirty feet (30') from the street or avenue. (Ord. 650, 7-5-1977)

The following regulations shall apply in the commercial local district:

   (A)   Uses: No building, structure or land shall be hereafter used and no building or structure shall be hereafter erected, structurally altered or enlarged except for the following uses:

Any use permitted in the residential-general district.

Automobile service station; provided, that any tube or tire repairing, battery charging and storage of merchandise of supplies are conducted wholly within a building.

Bank.

Barbershop, drugstore or beauty parlor.

Book, stationery, florist, gift or jewelry store.

Clothing or wearing apparel shop.

Food markets.

Hardware store.

Laundromat.

Medical and dental clinics.

Offices, business or professional.

Permitted conditional uses, subject to the provisions of chapter 5 of this title.

Photographer.

Public parking area.

Restaurant.

Any use other than the foregoing uses and permitted conditional uses shall be deemed a variance requiring authorization of the city's zoning board of adjustment pursuant to section 11-1-19 of this chapter. (Ord. 599, 8-5-1974, eff. 9-4-1974; amd. Ord. 783, 6-7-1993)

   (B)   Height: No building or structure nor the enlargement of any building or structure shall be hereafter erected, with any exposed side greater than thirty five feet (35') in height. (Ord. 621, 8-4-1975, eff. 9-3-1975)

   (C)   Area: No building or structure nor the enlargement of any building or structure shall be hereafter erected unless the following yards and lot areas are provided and maintained in connection with such building, structures or enlargement:

      1.   Front Yard Commercial Uses: There shall be a front yard of not less than fifteen feet (15') in depth from any street or avenue.

      2.   Side Yards Commercial Uses: No side yards shall be required except as specified by the uniform building code as revised from time to time.

      3.   Rear Yard Commercial Uses: There shall be a rear yard of not less than thirty feet (30') in depth.

      4.   Residential Uses: When used as residential or multiple dwellings all yard requirements and lot areas shall be the same as in residential-general.

      5.   Detached Garages And Accessory Buildings: Same as residential-one family (class A-1 and class A-2).

      6.   Planting: See section 11-1-13, "Planting", of this chapter.

      7.   Curb Cuts: There shall be a maximum of two (2) curb cuts which shall not exceed twenty feet (20') in length, or one curb cut which shall not exceed forty feet (40') in length.

      8.   Automobile Parking Space: See section 11-1-10, "Automobile Parking And Loading Space Requirements", of this chapter.

   (D)   Nuisances: No noise, odor, vibration, dust, glare or heat shall be emitted so that it exceeds the general level of noise, odor, vibration dust, glare or heat emitted by uses outside the boundaries of the commercial-local district. Such comparison shall be made at the boundary of the commercial- local district. (Ord. 599, 8-5-1974, eff. 9-4-1974)

The C-O commercial office restricted district is a district limited to offices and customer service uses designed to be compatible with each other and nearby residential district. The following regulations shall apply in the commercial- office restricted district:

   (A)   Uses: No building, structure or land shall be hereafter used and no building or structure shall be hereafter erected, structurally altered or enlarged except for the following uses:

Branch offices for the following: banks, building and loan associations, brokerage houses, savings and loan associations, title insurance companies, and trust companies.

No accessory uses shall be permitted in this district except surface parking. Parking structures may be permitted subject to site plan approval if required by the city council.

Offices wherein administrative, clerical or sales services only are rendered; provided, that other than regular office books, records and papers used in connection with rendering said office service, no commodity or tangible personal property, either by way of inventory or sample, shall be stored, kept or exhibited in any said office or on the premises wherein the said office is located.

Permitted conditional uses, subject to the provisions of chapter 5 of this title.

When the professional use is a medical center then a pharmacy and/or snack bar may be permitted in conjunction therewith; provided, that the center consists of offices occupied by at least ten (10) doctors. Such snack bar may have accommodations for the concurrent service of ten (10) patrons for the first ten (10) doctors and may accommodate one additional patron for each four (4) doctors over ten (10). In no event shall there be accommodations for the concurrent service of over thirty (30) patrons. Also provided, that the entrance to said pharmacy or snack bar shall be from within the exterior walls of the building only, and that no sign or display be located so as to be visible from a public thoroughfare or adjacent property.

The dispensing of ophthalmic materials is permitted; provided, that the entrance shall be from within the exterior walls of the building only, and that no sign or display be located so as to be visible from a public thoroughfare or adjacent property.

Any use other than the foregoing uses and permitted conditional uses shall be deemed a variance requiring authorization of the city's zoning board of adjustment pursuant to section 11-1-19 of this chapter. (Ord. 599, 8-5-1974, eff. 9-4-1974; amd. Ord. 783, 6-7-1993)

   (B)   Height: Same as residential one-family districts.

   (C)   Area: No building or structure nor the enlargement of any building or structure shall be hereafter erected unless the following yards and lot areas are provided and maintained in connection with such building, structure or enlargement:

      1.   Lot Area: No lot shall hereinafter be subdivided to provide less than six thousand (6,000) square feet of lot area nor to have width of less than sixty feet (60') nor a depth of less than one hundred feet (100').

      2.   Front Yard: There shall be a front yard of not less than thirty feet (30') in depth from any street or avenue.

      3.   Side Yards: There shall be a side yard on each side of a building of not less than eight feet (8') per story.

      4.   Rear Yard: There shall be a rear yard of not less than thirty feet (30') plus ten feet (10') per story over one story which may be measured from the centerline of any existing twenty foot (20') or wider alley.

      5.   Lot Coverage: The building on a lot shall not occupy more than fifty percent (50%) of the area of the lot.

      6.   Automobile Parking Space: See section 11-1-10, "Automobile Parking And Loading Space Requirements", of this chapter for type of occupancy. (Ord. 599, 8-5-1974, eff. 9-4-1974)

The C-1 commercial intermediate district, is a district of commercial uses of medium intensity designed to be compatible with each other and to provide for a wide range of types of commercial activity within the district.

   (A)   District Restrictions:

      1.   Except as otherwise provided, all permitted uses and storing of materials or supplies shall be conducted entirely within a closed building.

      2.   The board of adjustment may issue a use permit for the outdoor display of new merchandise in connection with the following permitted uses as set forth in subsection (B) of this section.

      3.   Any lighting shall be placed so as to reflect the light away from adjacent property. (Ord. 599, 8-5-1974, eff. 9-4-1974)

   (B)   Uses: All uses permitted in commercial-local district and, in addition, the following:

Ambulance service office.

Antiques, wholesale.

Architects, supplies.

Artificial limbs, braces, sales.

Artists' materials and supplies, wholesale.

Assayers (see Laboratories).

Assembly halls and auditorium.

Auto seat covers and trim shops.

Automobile laundries, enclosed.

Automobile parts and supplies, new retail and wholesale.

Awnings, custom fabrication and sales.

Bakers and baked goods, manufacturing, wholesale and storage.

Balls and bearings, retail shops.

Barbers' supplies, retail and wholesale.

Bars, cocktail lounges, and casinos, and private clubs and lodges qualifying by law as nonprofit entities, with or without dancing, subject to the following conditions or limitations: all music and dancing shall be contained within a closed building and such music shall not be audible beyond the property line; provided, that all live music and entertainment is performed on a stage, platform or other exclusive area for such purposes and that no entertainer or performer is permitted to leave the stage, platform or exclusive area while entertaining or performing; and provided further, that no entertainer, performer or any other person shall be permitted to appear in or on the premises in a state of nudity or to have his or her genitalia, anal cleft or cleavage of the buttocks exposed or so thinly covered as to appear uncovered, or in the case of a female entertainer, performer or person, to have her breasts uncovered or so thinly covered so as to expose or appear to expose any portion of the nipple or areola.

Bathroom accessories, display and retail sales only.

Beauty shop equipment, retail sales.

Beer, ale and wine distributor, wholesale and storage (no bottling).

Beverages, wholesale and storage (no bottling).

Bicycles, retail sales and repair.

Blood banks.

Blueprinting.

Boats, retail sales.

Bookbinding, commercial.

Bowling alleys.

Brushes, retail sales.

Building materials, retail sales only.

Burglar alarm equipment, sales and service.

Burglar alarm watching service.

Bus line depots.

Business machines:

Distribution and sales,

Repair and service,

Storage and wholesale.

Butchers' supplies, retail and wholesale.

Candy, wholesale distribution.

Car wash, hand.

Carpet, rug and furniture cleaning.

      1.   All activity except loading and unloading restricted to a closed building;

      2.   All solvents, shampoos, detergents and other agents shall be noncombustible and nonexplosive and shall require approval of the fire marshal; and the same shall not emit odors beyond the zoned lot boundaries;

      3.   Only hand portable machines.

Cat and dog hospital. Enclosed and limited to five (5) cages of one animal capacity each - outdoor runs.

Chemicals and drugs, storage and distribution.

Cigarette service.

Cigars, manufacturing custom hand rolled.

Cigars, wholesale and distribution.

Cleaning and dyeing plants.

Clothing, wholesale and distribution.

Coffee, wholesale and storage, no roasting.

Coin machines, rental service.

Confectioners, wholesale.

Contractors' office with inside storage of materials only.

Curios, wholesale.

Dental laboratories.

Dental supplies, retail and wholesale.

Diaper supply service.

Dolls, repairing.

Draperies, manufacturing.

Drawing materials, retail sales and wholesale.

Drive-in restaurants.

Drugs, wholesale storage.

Dry goods, wholesale and storage.

Eggs, storage and processing.

Electric equipment, retail sales and repair.

Engravers.

Exhibition hall.

Family game center.

Fire protection equipment and supplies, retail sales and service.

Floor coverings, retail and wholesale.

Florist, wholesale.

Frozen foods, wholesale storage and distribution.

Furniture, repairing and refinishing.

Furniture, used, no outdoor display.

Furs, custom cleaning, storage.

Garage, equipment, retail sales.

Garage, repair, not body and fender shops.

Garages, public.

Gas regulating equipment, sales and service.

Glass shops, custom.

Guns, retail sales and/or repairs.

Gymnasiums, private or commercial.

Hospital.

Hotel equipment, supplies and retail sales.

Hotels and motels.

Janitors' supplies, storage and wholesale.

Jewelers, manufacturing.

Jewelers, wholesale.

Kiddieland.

Laboratories, clinical and dental.

Laboratories, testing and research.

Laundries.

Laundry equipment and supplies.

Lawn furniture, new sales.

Lawn mower repair shops.

Leather goods, repairing, sales custom or handicraft manufacturing.

Linen supply laundry service.

Liquor, storage and wholesale.

Lithographers.

Lockers, food storage.

Locksmiths' repair shops.

Massage establishment.

Medical supplies, retail sales and rentals.

Milliners, wholesale and manufacturing.

Millinery and artificial flower making.

Mimeographing and multigraphing commercial.

Mineral water distillation and bottling.

Miniature golf.

Mirrors, resilvering, custom work.

Monuments, retail sales and display.

Mortuary.

Motion picture equipment, retail sales and display.

Motion picture theaters.

Music studios.

Musical instruments, repairing and retail sales.

News dealers.

News service.

Newspaper printing.

Novelties, wholesale.

Office service:

Stenographic service, letter preparation, addressing and mailing, duplicating, multigraphing, machine tabulation research and statistical.

Oil burners, retail sales and repairs.

Optical goods, manufacturing and sales.

Orthopedic appliances, manufacturing and sales.

Painters' equipment and supplies, shops, wholesale and storage.

Parking lots, commercial.

Pawnbroker or pawnshop.

Photoengraving.

Photographic developing and printing.

Physical therapy equipment, retail and wholesale.

Plastic and plastic products, retail and wholesale.

Playground equipment, sales.

Plumbing fixtures and supplies, display and retail sales.

Pool and billiard halls.

Poster illustration, studio.

Pottery and ceramics, wholesale.

Precision instruments, custom repair.

Printers.

Private clubs and lodges qualifying by law as a nonprofit entity.

Public storage garages.

Pumps, retail sales and display.

Radio and television broadcasting stations.

Radio and television studios.

Radio repair shop.

Reducing salons.

Refrigeration equipment, repairs and sales.

Restaurant equipment, supplies and retail sales.

Riding equipment sales.

Rug cleaning.

Saddlery shops, custom, handmade.

Safes, repairing and sales.

Salvation army welfare activities.

Saw sharpening shop.

School equipment and supplies, wholesale.

Schools:

Beauty,

Business and commercial, private,

Correspondence and stenographic,

Dancing,

Health, gymnastic.

Service station equipment, wholesale.

Sewing machines, commercial and industrial type, retail sales and repairing.

Shoe repairing equipment and supplies, wholesale.

Sightseeing tours, garages and depots.

Sign painters, shops, not neon signs - fabrication.

Slipcovers, custom manufacturing.

Soaps, wholesale and storage.

Soda fountain supplies, retail and wholesale.

Sound system and equipment sales rental and repairs.

Taxicab garages.

Taxidermists.

Telegraph companies, facilities and offices.

Telephone companies, facilities and offices.

Theaters.

Tire repairing equipment and supplies.

Tobacco, wholesale and storage.

Tombstones, sales and display.

Tools, wholesale and distribution.

Towels, supply service.

Upholsterers, custom, retail sales and supplies.

Venetian blinds, custom manufacturing and cleaning.

Veterinarians' supplies, retail and wholesale.

Washing machine, retail sales and display.

Water or mineral, drinking or curative bottling and distribution.

Water softening equipment, service and repair.

Window cleaners' service.

Window display installations, studio and shops.

Window glass installation shops.

Wines, storage and wholesale.

In addition to the foregoing uses, permitted conditional uses may be allowed, subject to the provisions of chapter 5 of this title.

Any use other than the foregoing uses and permitted conditional uses shall be deemed a variance requiring authorization of the city's zoning board of adjustment pursuant to section 11-1-19 of this chapter. (Ord. 839, 8-7-2000; amd. Ord. 874, 12-6-2010)

   (C)   Height: None.

   (D)   Area: No building or structure shall hereafter be erected nor shall any building or structure be altered, repaired or added to within any twelve (12) month period in excess of fifty percent (50%) of the existing building or structure unless the following yards and lot areas are provided and maintained in connection with such building, structure or enlargement.

"Core area" for this purpose is defined as that area within the centerline of Main Street to Third Street and First Avenue to Fifth Avenue.

      1.   Lot Area: No building site shall contain less than eight thousand four hundred (8,400) square feet nor have a width of less than sixty feet (60').

      2.   Front Yard: There shall be a minimum setback from any street or avenue to the closest part of any building including marquees of ten feet (10'). Except that when twenty feet (20') above the elevation of the sidewalk, building may extend to the property line; provided, that no bearing columns may occupy required yard area. Except that in the "core area" no setback shall be required.

      3.   Side Yards: No side yard shall be required on interior lots. Front yard requirements shall be maintained on corner lots, except in the core area.

      4.   Rear Yards: There shall be a rear yard of not less than ten feet (10') in depth.

      5.   Residential Uses: When used as residential, all yard requirements and lot areas shall be the same as in residential-general.

      6.   Curb Cuts: There shall be a maximum of two (2) curb cuts which shall not exceed forty feet (40') in length.

      7.   Planting: See section 11-1-13, "Planting", of this chapter.

      8.   Automobile Parking Space: See section 11-1-10, "Automobile Parking And Loading Space Requirements", of this chapter for type of occupancy.

   (E)   Nameplates And Signs: See section 11-1-12, "Nameplates And Signs", of this chapter.

   (F)   Nuisances: No noise, odor, vibration, dust, glare or heat shall be emitted so that it exceeds the general level of noise, odor, vibration, dust, glare or heat emitted by uses outside the boundaries of the commercial intermediate district. Such comparison shall be made at the boundary of the commercial-intermediate district. (Ord. 599, 8-5-1974, eff. 9-4-1974)

The C-G commercial-general district is a district designed to provide for the intensive commercial uses necessary to the proper development of the community.

   (A)   Uses: All uses permitted in the commercial-intermediate district and, in addition, the following including the storing of all raw materials and finished products in connection herewith:

Acoustical material, storage and wholesale.

Agricultural implements, distributions and display, retail sales.

Amusement park, outdoor exhibition or production or other outdoor recreation facilities.

Artificial limbs, manufacturing.

Asbestos products, wholesale and storage.

Auctioneers' auditorium, other than livestock.

Automobile, body and fender shops.

Automobile, radiator shops.

Automobile rental and leasing.

Automobile sales, new and used.

Battery repair.

Belting, repairing.

Beverages, bottling.

Blacksmiths.

Bleach blending.

Boats, custom fabrication.

Boilers, retail sales.

Bottled gas, storage and distribution, no bulk storage.

Bottles, wholesale.

Butter and cheese, manufacturing.

Cabinet makers.

Camper sales.

Candy manufacturing.

Canvas goods, fabrication.

Car wash, mechanical, exterior.

Carbide, sales and distribution.

Carbonic gas, sales and storage.

Carbonic ice, bulk sales and distribution.

Carpenters' shops.

Carpets and rugs, wholesale, warehouse and manufacturing.

Cigars, manufacturing machine rolled.

Cleaning compounds storage.

Clothing manufacturing.

Cold storage, no slaughtering.

Commercial radio or television tower or transmitting station.

Contractors' equipment and supplies, retail sales.

Conveyors, retail sales.

Corsets and brassieres, manufacturing.

Dairy products, manufacturing.

Department stores warehouse.

Desks, manufacturing.

Disinfectants, storage and wholesale.

Drive-in theater.

Electrical appliance, wholesale.

Electrical contractors' shop.

Equipment, rentals.

Excelsior, storage and distribution, bulk.

Express companies, warehouse and garage.

Farm implement and machinery, retail sales.

Feed, retail and sales office.

Firewood, storage.

Fish, wholesale.

Floor finishing, contractors' shop.

Food processing, wholesale.

Food products, warehouse.

Freight depot.

Freight forwarders' warehouse.

Frozen foods, processing.

Fruit and vegetable market, wholesale.

Furnaces, cleaning and repairing shop.

Furniture, wholesale and storage.

Golf or baseball driving range.

Grocers, wholesale and warehouse.

Hardware, wholesale.

Horseshoeing.

Ice cream manufacturing.

Imported goods, warehouse.

Ink, compounding, packaging, storage insecticides, storage and distribution.

Linoleum storage.

Lubricating compounds, storage.

Lumber.

Lumber, cabinet shop.

Lumber, used and wholesale.

Machine shops.

Machine tools, storage.

Machinery dealers, retail sales and showrooms.

Machinery rental.

Machinery rentals, other than industrial.

Matches, wholesale and storage.

Mattresses, manufacturing.

Meat and fish wholesale market.

Meat, storage and wholesale.

Mexican food preparation, wholesale.

Microwave relay tower.

Milk bottling plant.

Milling equipment, showrooms, retail sales.

Mining machinery supplies, display and retail sales.

Missions, religious.

Mobile home sales.

Monument works, no outdoor sandblasting.

Motor freight company garages.

Movers, warehouses.

Office furniture, storage and warehouse.

Oil burners, service and repair.

Paper products, wholesale and storage.

Pattern shop.

Perfumes, compounding, packaging storage.

Pharmaceutical products, compounding packaging, storage.

Plant, nursery.

Planting works, precious metals.

Plumbers' shops.

Plumbing fixtures and supplies, wholesale and storage.

Pony rides.

Potato chip manufacturing.

Printers' equipment and supplies, wholesale.

Produce (garden), wholesale.

Produce, warehouse.

Quick freeze plant.

Radio equipment, assembling.

Refrigerators, wholesale, storage.

Rehabilitation centers.

Restaurant equipment service repair shops.

Road building equipment, retail sales.

Roofing material, storage and sales.

School, trade.

Secondhand goods.

Sheet metal work, custom fabrication.

Sheltered workshops.

Shirt factory.

Shooting gallery.

Sign shops, any type.

Skating rinks.

Soaps, compounding, packaging and storage.

Soda water manufacturing.

Stoves and ranges, wholesale storage.

Termite control contractor shops.

Terrazzo contractor shops.

Tire repairing and recapping.

Toiletries, compounding, packaging storage.

Toys, fabrication.

Tractors, retail sales display.

Trailer rental.

Trailer sales.

Transfer business.

Travel trailer sales.

Truck freight movers.

Used car sales.

Vegetable market, wholesale.

Wallboard, wholesale and storage.

Wholesale produce storage or market commercial.

Wine bottling.

Woodworking, equipment, wholesale.

In addition to the foregoing uses, permitted conditional uses may be allowed, subject to the provisions of chapter 5 of this title.

Any use other than the foregoing uses and permitted conditional uses shall be deemed a variance requiring authorization of the city's zoning board of adjustment pursuant to section 11-1-19 of this chapter. (Ord. 599, 8-5-1974, eff. 9-4-1974; amd. Ord. 783, 6-7-1993; Ord. 837, 7-3-2000; Ord. 839, 8-7-2000)

   (B)   Height: None.

   (C)   Area: No building or structure shall hereafter be erected nor shall any building or structure be altered, repaired, or added to within any twelve (12) month period in excess of fifty percent (50%) of the existing building or structure unless the following yard and lot areas are provided and maintained in connection with such building, structure, or enlargement:

      1.   Lot Area: No building site shall contain less than sixteen thousand eight hundred (16,800) square feet nor have a width of less than one hundred twenty feet (120').

      2.   Front Yard: There shall be a minimum setback from any street or avenue to the closest part of any building including marquees of ten feet (10'). Except that when twenty feet (20') above the elevation of the sidewalk, buildings may extend to the property line without column.

      3.   Side Yards: No side yard shall be required on interior lots.

      4.   Rear Yards: There shall be a rear yard of not less than ten feet (10') in depth.

      5.   Residential Uses: When used as residential, all yard requirements and lot areas shall be the same as in residential general districts.

      6.   Curb Cuts: There shall be a maximum of two (2) curb cuts which shall not exceed twenty feet (20') in length, or one curb cut which shall not exceed forty feet (40') in length.

      7.   Planting: See section 11-1-13, "Planting", of this chapter.

      8.   Automobile Parking Space: See section 11-1-10, "Automobile Parking And Loading Space Requirements", of this chapter for type of occupancy.

      9.   Nameplates And Signs: See section 11-1-12, "Nameplates And Signs", of this chapter.

      10.   Nuisances: No noise, odor, vibration, dust, glare or heat shall be emitted so that it exceeds the general level of noise, odor, vibration, dust, glare or heat emitted by uses outside the boundaries of the commercial-general district. Such comparison shall be made at the boundary of the commercial-general district. (Ord. 599, 8-5-1974, eff. 9-4-1974)

   (A)   Off Street Parking: No building permit shall be issued until the applicant has presented satisfactory evidence to the building inspector that he owns or has otherwise available for his use sufficient property to provide the parking required in subsection (C) of this section.

   (B)   General Requirements:

      1.   For the purpose of this section, an “off street parking space” shall mean an area located entirely on private property consisting of a rectangle measuring no less than ten feet by twenty-four feet (10' x 24'). In addition, adequate drives or aisles providing access, turning and maneuvering space shall be provided on private property and each off-street parking space shall be accessible from streets or alleys or private driveways or alleys leading to streets or alleys. No parking space shall occupy the required front yard. In any residential or commercial-office zoning district, motor vehicles classed by manufacturer’s rating as exceeding one (1) ton shall not be parked in any required front yard. In any residential or commercial office district, no mobile home, travel trailer, tent trailer, trailer, camper, boat or boat trailer shall be parked in any front yard, nor shall such vehicle or equipment which exceeds eight feet (8') in height above the ground be parked in any required side yard, nor shall any vehicle or equipment be parked in any side yard adjacent to a street.

      2.   Vacant lots or open land areas in any residential district may be used as an area for the parking of customer and employee passenger vehicles only, if said property is zoned as a parking P-1 district, and provided further, that the provisions of this section, when applicable, shall be complied with and, provided further, that the city council may impose conditions, other than those set forth in this section for the protection of adjacent property or in the interest of the public welfare.

      3.   The parking of more than one commercial vehicle of not more than five (5) ton capacity, or the parking of any commercial vehicle of more than five (5) ton capacity, on any lot in any residential district shall be considered a commercial use and is prohibited.

      4.   "Floor area" shall mean the gross floor area and/or the open land area needed for service to the public as customers, patrons, clients or patients, including area occupied by fixtures and equipment used for display or sale of merchandise. It shall not mean floors or parts of floors used principally for nonpublic purposes such as storage, automobile parking, incidental repair, processing or packaging of merchandise, show windows or for offices incidental to the management or maintenance of stores or buildings, or to restrooms or powder rooms.

      5.   Wherever such space is required or permitted, uses other than single-family residential uses shall maintain the area of such space "dust free" as defined herein. Uses other than single-family dwellings and multiple dwellings in a residential district shall enclose such required or permitted off street parking area with a solid wall except for necessary points of ingress or egress. Along that portion of the perimeter of the parking area bounding or within the side and rear yards, the wall shall be not less than four feet (4') nor more than six feet (6') in height. Along that portion of the lot which bounds the front yard, the wall shall be three feet (3') in height. All required walls shall be maintained in a neat and orderly condition.

      6.   In any case where a lot is located in a district other than a residential zoning district and:

         (a)   Is used for other than a single-family dwelling, or multiple dwellings, and

         (b)   Is used for motor vehicle parking or interior vehicle circulation as a primary or accessory use.

         (c)   Such lot adjoins a residential zoning district or is separated therefrom by a local or collector street or an alley, a wall shall be required along such portions of said lot which adjoin or are across the said street or alley from the residential zoning district. Along that portion of the lot which bounds the side or rear yards, the wall shall be not less than four feet (4') nor more than six feet (6') in height. Along that portion of the lot which bounds the front yard, the wall shall be three feet (3') in height. All required walls shall be maintained in a neat and orderly condition.

      7.   Any lights used to illuminate said parking space shall be so arranged as to reflect the light away from adjoining lots.

      8.   A minimum of six inch (6") wide and six inch (6") high curb or bumper guard shall be installed along all lines bordering the parking and maneuvering area excluding necessary driveway openings and shall be so located that no part of a vehicle shall extend over or beyond said lines.

      9.   For the purpose of converting a parking area into the required or permitted parking spaces, plans must be submitted to show how the required or permitted parking spaces shall be arranged in the area on private property supplied for that purpose and to indicate in the parking area sufficient space for turning maneuvers, as well as adequate ingress and egress to the parking area before a permit is granted.

         (a)   All such parking plans shall be submitted to the building inspector.

         (b)   Before issuance of a building permit, the building inspector may obtain the approval of the city engineer or his duly authorized representative for all such plans requiring or providing for three (3) or more off street parking space.

      10.   Whenever a building permit has been granted and the plans so approved for off street parking, the subsequent use of such property shall be deemed to be conditional upon the unqualified continuance and availability of the parking provisions contained in such plans. Any use of such property in violation hereof shall be deemed a violation of this chapter.

Should the owner or occupant of any building to whom a building permit has been granted containing off street parking requirements so change the use to which such building is put as to increase off street parking as required under this chapter, it shall be unlawful and a violation of this chapter to begin or maintain such altered use until such time as the increased off street parking provisions of this section are complied with.

      11.   No addition or enlargement of an existing building or use shall be permitted unless the parking requirements of this chapter are met for the entire building or use.

      12.   In the case of mixed uses, the total requirements for off street parking space shall be the sum of the requirements of the various uses computed separately as specified in this section, and the off street parking space for one use shall not be considered as providing the required off street parking for any other use.

      13.   Any lot used for the parking of three (3) or more motor vehicles, prior to being subject to the provisions of this chapter, shall, within three (3) months from the effective date of original city zoning ordinance, be paved for dust control, and a six inch (6") wide by six inch (6") high curb or bumper guard shall be installed along all property lines bordering the parking and maneuvering area, excluding necessary points of ingress and egress, and shall be so located so that no part of a vehicle shall extend over or beyond any property line. The area of such parking lot shall be maintained "dust free" as defined herein. This provision shall also apply to lots within newly annexed areas and to include area for storage pneumatically tired vehicles and used car lots.

   (C)   Parking Requirements:

      1.   Off street automobile parking space or area shall be provided according to the following schedule and subject to the following conditions in any district in which any of the following uses shall be established.

      2.   All dwelling units, motels, tourist courts, tourist homes and trailer parks shall have the required parking spaces provided on the lot on which such above dwelling type unit is located.

      3.   In the event the following listed uses, excepting preceding dwelling type uses, are located on property within a residential zone, the required parking area shall be located on the same or contiguous lots or an adjacent lot separated from the property by no more than twenty feet (20').

      4.   Wherever the below listed uses, excepting above dwelling type uses, are located on property with a commercial or less restrictive zone, such required parking space shall be provided so that at least one point of the parking area shall be no farther than four hundred feet (400') distant in a direct line from the building or, if no building is present, from the property line. A letter waiving protest of a parking SID may waive the parking requirements in the core area.

      5.   In the event that all or any part of the parking area not on the same lot with the primary use is located in a residential zone, parking zoning must be secured for the area or that part thereof within a residential zone.

 

(Ord. 599, 8-5-1974, eff. 9-4-1974; amd. Ord. 923, 7-5-2022)

   (A)   General Provisions:

      1.   Whenever the expression "off street loading space" is used, it shall mean an on the property space for the standing, loading, and unloading of vehicles to avoid undue interference with the public use of streets, alleys and sidewalks. Such space shall be not less than ten feet (10') in width and thirty feet (30') in length, exclusive of access aisles and maneuvering space.

   (B)   Off Street Loading Required: In the use of land for residential, commercial, industrial, or any other purpose, no residential, commercial, industrial or any other building or structure shall be erected unless provision is made for the location on the lot of off street loading space on the basis of the following minimum requirements:

      1.   Every hotel, office building, restaurant, department store, freight, terminal or railroad yard, hospital or sanitarium, industrial plant, manufacturing establishment, retail establishment, storage warehouse or wholesale establishments, and all other structures devoted to similar mercantile or industrial pursuits, which has an aggregate gross floor area of twenty five thousand (25,000) square feet or more shall provide off street truck loading or unloading berths in accordance with the following table:

 

   (C)   The off street loading facilities required shall in all cases be on the same lot or parcel of land as the structure they are intended to serve. In no cases shall the required off street loading space be part of the area used to satisfy the off street parking requirements of this chapter.

   (D)   The provisions of this section shall apply to the entire City of Havre including the central business district. (Ord. 599, 8-5-1974, eff. 9-4-1974)

   (A)   Multiple Dwellings: For multiple dwellings, any required front or side yard shall be planted and permanently maintained with grass.

   (B)   Commercial Uses: For commercial uses, any required front yard shall be landscaped, and planted as recommended by the planting ordinance, and permanently maintained and treed as recommended.

   (C)   General: If parking is provided between the main building and the street or avenue, a screen shall be planted and permanently maintained inside and along the property line, such screen shall be of plants approved by the City of Havre, and shall not exceed four feet (4') in height. Trees shall be planted according to type and spacing as approved by the City of Havre. All trees when planted shall be a minimum of one inch (1") in diameter. All required planting shall be completed within one year from the date of occupance. Other decorative walls may be approved upon submittal of plans to the Zoning Board. (Ord. 599, 8-5-1974, eff. 9-4-1974)

   (A)   Uses:

      1.   Conformance And Permits Required: No building or structure shall be hereafter erected, reconstructed, structurally altered, enlarged, or moved, nor shall any building, structure or land be hereafter used, designed, or intended to be used for any use other than is permitted in the district in which such building, structure or land is located and then only after applying for and securing a permit.

      2.   Public Utilities And Railways: For the purpose of this chapter, nothing herein shall be so interpreted as to interfere with the construction, maintenance and operation of the facilities of any public utility or public service including railway tracks and rights-of-way, on any property where such use lawfully existed at the time this chapter became effective.

      3.   Permitted Under Law: No use of land shall be permitted or conditionally permitted within the City of Havre that is in violation of Federal, State or local law. (Ord. 903, 12-18-2017)

   (B)   Area:

      1.   Area Requirements: Except as hereinafter provided, no building or structure nor the enlargement of any building or structure shall be hereafter erected, located or maintained on a lot unless such building, structure or enlargement conforms with the area regulations of the district in which it is located.

   (C)   Exceptions:

      1.   Exceptions To Height Regulations: This chapter shall not be deemed to limit or restrict the height of belfries, chimneys, clock towers, cooling or catalytic cracking towers, elevators, bulkheads, grain elevators, penthouses, stacks, water towers, ornamental towers, wireless or television towers or any similar appurtenances to buildings, imposed by other ordinances. Churches, public or semipublic buildings, hospitals, schools, colleges and private clubs may exceed the height restrictions of the district as approved by the Board of Adjustments.

   (D)   Exceptions To Area Requirements:

      1.   Where churches, schools, hospitals or colleges are located in any residential district and have no portion used as a place of habitation, the depth of the rear yard may be reduced as approved by the Board of Adjustments.

      2.   The front side and rear yards may be waived where dwellings are erected above stores, shops or other commercial uses that do not require such yards, when approved by the Board of Adjustments.

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

      4.   Every part of a required yard shall be open from its lowest point to the sky unobstructed.

      5.   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 exceeding four feet (4') above the street grade shall be maintained within the triangular area formed by the intersecting street lines and a straight line joining said street lines at points which are thirty feet (30') distant from the point of intersection measured along said street lines.

      6.   On lots of irregular shape where the yard regulations can be determined but cannot reasonably be complied with, or on lots so located that appropriate improvement cannot be secured through strict adherence to the yard regulations, the yard regulations may be modified by the Zoning Board of Adjustment.

      7.   On the flank lines on any interior lot, between the front lot line and a line parallel with the rear wall of the rear most adjacent dwelling regulations shall apply:

         (a)   No fence hereafter erected shall exceed a horizontal height of four feet (4') above the main level of the ground and any such fence shall be of open work construction and not solid.

         (b)   No hedge hereafter planted, located or maintained shall exceed a horizontal height of four feet (4') above the main level of the ground.

         (c)   On the flank lines on any interior lot between the rear lot line and a line parallel with the rear wall of the rear most adjacent dwelling no fence or hedge hereafter erected or planted shall exceed a horizontal height of six feet (6') above the main level of the ground. (Ord. 599, 8-5-1974, eff. 9-4-1974)

   (A)   The lawful use of land, existing at the time of the adoption of this chapter, although such use does not conform to the provisions hereof, may be continued, but, if such nonconforming use is discontinued for a period of one year, future use of said premises shall be in conformity with the provisions of this section.

   (B)   The lawful use of a building existing at the time of adoption of this chapter, may be continued although such use does not conform with the provisions hereof, and such use may be extended throughout the building provided no alterations, except those required by ordinance, are made therein, and the building has not been enlarged or added to.

   (C)   When a district shall hereafter be changed, any then existing nonconforming use in such changed district may be continued, or changed to any use permitted in the same district as that in which the existing use is permitted; provided, that all other regulations governing the new use are complied with.

   (D)   This chapter shall not apply to existing structures or the existing use of any buildings, but shall apply to any alteration of a building to provide for its use for a purpose, or in any manner, different from the use to which it was put before alteration; provided, that this section shall not be construed to prevent the restoration of a building damaged not more than fifty percent (50%) of the existing building or structure or prevent the continuance of the use of such building, or part thereof, as such uses existed at the time of such damage; provided, that such restoration shall be begun, and diligently pursued, within one year; nor, shall the same be construed to prevent a change of such existing use under higher classification as herein provided. No building which has been damaged as above provided to the extent to more than fifty percent (50%) of the existing building or structure shall be rebuilt or repaired, except in conformity with the regulations contained in this section.

   (E)   The zoning board of adjustment may authorize in a residence district, for a period of not more than two (2) years from the date of such permit, a temporary building for commerce or industry incidental to the residential development; provided, however, that such permit shall be renewed.

   (F)   Any structure vacant at the time of the adoption of this chapter shall be classified as to use, in accordance with its previous use, arrangement, design or intended use, except that any structure vacant for a period of one year immediately prior to the adoption of this chapter shall not be considered a nonconforming use as defined in this section and any future use of said premises shall be in conformity with the provisions of this chapter. (Ord. 599, 8-5-1974, eff. 9-4-1974)

For the purpose of this chapter, certain terms and words are hereby defined as follows: Words used in the present tense include the future; words in the singular number include the plural, and words in the plural include the singular; the word "shall" is mandatory and not permissive; the word person includes individuals, partnerships, corporations, clubs, or associations. The following words or terms, when applied in this chapter, shall carry full force when used interchangeably; lot, plot, parcel, or premises, used, arranged, occupied or maintained; sold or dispensed, construct, reconstruct, erect, alter (structurally or otherwise) but not the term maintenance. The term "city" and "county" shall mean the city of Havre and the county of Hill, respectively; board shall mean board of adjustments; commission shall mean city-county planning board; council shall mean city council. (Ord. 599, 8-5-1974, eff. 9-4-1974)

ACCESSORY BUILDING: A detached subordinate building situated on the same lot with the main building used for an accessory use. If there is less than ten feet (10') of separation from the main building, it will be considered as an attached building.

ACCESSORY USE: A subordinate use of a building, other structure, or use of land:

   (A)   Which is clearly incidental to the use of the main building, other structure or use of land, and

   (B)   Which is customary in connection with the main building, other structure, or use of land, and

   (C)   Which is located on the same zoned lot with the main building, other structure, or use of land.

ADJACENT: Nearby, but not necessarily touching.

ALLEY: A public passageway, eight feet (8') to twenty five feet (25') wide, affording a secondary means of access to abutting property.

ANTIQUE: A product that is sold or exchanged because of value derived due to oldness as respects the present age.

APARTMENT: A suite of rooms within a building arranged, designed or used for residential purposes for one family, and containing independent sanitary and cooking facilities. The presence of cooking facilities conclusively establishes the intent to use for residential purposes. Each apartment shall be considered a dwelling unit.

APARTMENT-HOTEL: A building or group of buildings containing both apartment and rooming units in some combination and containing those services customary and appropriate to a hotel. Such services to be available for the convenience of the occupants thereof only.

APARTMENT HOUSE: A building or that portion thereof containing more than four (4) dwelling units or efficiency apartments.

ARTIST: One who practices the fine arts which shall be limited to painting, drawing, sculpture, poetry, music, dancing and dramatic art. This is not deemed to include the business of teaching one or more of the arts.

ATTACHED BUILDING: A building which has any part of its bearing wall in common with another building or which is connected to another building by a roof. If there is less than ten feet (10') of separation from the main building, then an accessory building will be considered as an attached building.

AUTO COURT: See definition of Motel.

AUTOMOBILE SERVICE STATION: A place of business having pumps and/or storage tanks from which liquid fuel and/or lubricants are dispensed at retail directly into the motor vehicle. Sales and installation of auto accessories, washing, polishing, inspections and cleaning, but not steam cleaning, may be carried on incidental to the sale of such fuel and lubricants.

AUTOMOBILE WRECKING: See definition of Junkyard.

AWNING: Roof like cover entirely supported by and extending from a building for the purpose of protecting openings therein from the elements.

BAR: An establishment the main use of which is to serve spirituous liquors to be consumed on the premises. Food may or may not be served. Usually a counter and stools are present.

BLOCK: That property abutting one side of a street and lying between the two (2) nearest intersecting streets, or nearest intersecting street and railroad right of way, unsubdivided acreage, waterways, but not an alley of such size as to interrupt the continuity of development of both sides thereof.

BOARDING HOUSE: A dwelling in which there is no more than one dwelling unit and more than two (2) but not exceeding five (5) rooming units or guestrooms. Meals may or may not be provided to the occupants thereof. A boarding house shall not include homes for persons not members of the family requiring professional or semiprofessional care by reason of physical or mental infirmity or disease or by reason of age.

BUILDING: A structure having a roof supported by columns or walls for the shelter, support or enclosures of persons, animals or chattel.

BUILDING AREA: The total areas taken on a horizontal plane at the mean grade level of the principal buildings and all accessory buildings, exclusive of uncovered porches, terraces, steps and roof overhangs and balconies.

BUILDING, CLOSED: A structure completely enclosed by a roof and walls of approved construction.

BUILDING HEIGHT: The vertical distance measured from the natural grade level to the highest level of the roof surface of flat roofs, to the deck line of mansard roofs or to the mean height between eaves and ridge for gable, gambrel or hip roofs. The building height limitations of this chapter shall not apply to church spires, signs, belfries, cupolas, domes, monuments, water towers, chimneys, flues, vents, flagpoles, radio and television towers, fire lookout towers or airway beacons nor to any bulkhead, elevator, water tank or similar structure extending above the roof and not occupying any aggregate area greater than twenty five percent (25%) of the roof area.

BUILDING, MAIN: A building, or buildings, in which is conducted the principal use of the lot on which it is situated. In residential district, any dwelling shall be deemed to be the main building of the lot on which the same is situated.

CANOPY: See definition of Awning.

CARPORT: A building used solely for the storage of motor vehicles and containing no enclosing walls, screens, lattices or other materials other than the wall or walls of the building to which it attaches. The area of supporting columns or wall sections of any one side other than the wall or walls of the building to which it attaches or other than a storage room shall not exceed fifty percent (50%) of that side. Screen, lattice, grill work or other material which has a net of ten percent (10%) closed area may be permitted provided the maximum area of fifty percent (50%) is not exceeded.

COCKTAIL LOUNGE: An establishment the main use of which is to serve spirituous liquors to be consumed on the premises. Food may or may not be served. A lounging area is provided and a counter is not necessarily present.

COMMERCIAL USE: A use operating for profit or compensation. Without limiting this definition, the allowable use shall include apartment houses, motels and hotels.

CONDOMINIUM: An ownership in fee simple by an individual of a single unit in a multi-unit structure, coupled with ownership of an undivided interest in the land and other elements of the structure held in common with other unit owners of the building. Commonly it refers to individual ownership of a unit in a multi-unit structure such as an apartment building.

CONTIGUOUS: In contact with.

CORNER LOT: A lot abutting on two (2) or more intersecting streets where the interior angle of intersection does not exceed one hundred thirty five degrees (135°). A corner lot shall be considered to be in that block in which the lot fronts.

COURT: Any space other than a yard on the same lot with a building or group of buildings, and which is unobstructed and open to the sky above the floor level of any room having a window or door opening on such court. The width of a court shall be its least horizontal dimension.

CUSTOM: Work, service or assembly made to order for individual customers for their own use or convenience.

DAY NURSERY: See definition of Nursery School.

DORMITORY: A building or that portion thereof other than a hotel, motel, boarding house, fraternity house, or sorority house containing three (3) or more rooming units or guestrooms or sleeping facilities for more than five (5) persons. Such rooming units or guestrooms shall be for residential purposes only.

DRIVE-IN RESTAURANT: Any establishment where food or beverages are dispensed and where such food or beverages are consumed on the premises but not within a building.

DRIVE-IN THEATER: An open air theater designed for viewing by the audience from motor vehicles.

DUPLEX: A building designed and/or used exclusively for residential purposes and containing two (2) dwelling units separated by a common party wall or otherwise structurally attached.

DUST FREE: Shall mean the property is maintained dust free by paving with one of the following methods: a) asphaltic concrete, b) cement concrete, c) a penetration treatment of bituminous material and a seal coat of bituminous material binder and mineral aggregate, or d) the equivalent of the above as approved by the division of building inspection.

DWELLING: A building containing one or more dwelling units.

DWELLING GROUP: A single-family dwelling and one or more single-family or duplex dwellings located on a lot.

DWELLING, MULTIPLE: A building designed and/or used exclusively for family residential purposes containing more than one but not more than four (4) dwelling units.

DWELLING, SINGLE-FAMILY: A building designed and/or used exclusively for residential purposes for one family only and containing not more than one dwelling unit.

DWELLING, UNIT: One or more rooms within a building arranged, designed or used for residential purposes for one family and containing independent sanitary and cooking facilities. The presence of cooking facilities conclusively establishes the intent to use for residential purposes.

EFFICIENCY APARTMENT: A dwelling unit of no more than one room in addition to kitchen and bath.

FAMILY: A family is:

   (A)   An individual or two (2) or more persons related by blood, marriage, or adoption and usual servants, living together as a single housekeeping unit in a dwelling unit, or

   (B)   A group of not more than five (5) persons, who need not be related, living together as a single housekeeping unit in a dwelling unit.

FAMILY GAME CENTER: A supervised indoor amusement and recreation facility, the main use of which consists of mechanical, electronic, and electrical devices for entertainment and amusement, and which may include, but not be limited to, such facilities as card games, ping pong tables, and billiard tables.

FINE ARTS: Limited to painting, drawing, sculpturing, poetry, music, dancing and dramatic art.

FLOOR AREA RATIO: The floor area ratio of a building shall be the ratio of the gross floor area of the building, excluding those parts of the building specifically excluded, to the gross land area of the site which gross land area may include one-half (1/2) of all abutting streets and alleys which are dedicated to public use or as determined by the board of adjustment.

FOSTER HOME: A home maintained by any individual or individuals having the care of one or more but no more than five (5) minor children, other than those related to each other by blood or marriage, or related to such individuals, or who are legal wards of such individuals.

FRATERNITY OR SORORITY HOUSE: A building containing no more than one dwelling unit and no more than two (2) rooming units or guestrooms. Such rooming units or guestrooms shall be for residential purposes only.

GARAGE, PRIVATE: An accessory building occupied by the passenger motor vehicles of the families residing on the same lot. This may include one commercial vehicle under five (5) ton capacity. Noncommercial vehicles of persons nonresident on the lot may occupy up to one-half (1/2) the capacity of such garage.

GARAGE, PUBLIC: Any building, other than that herein defined as a private garage, used for the storage or care of motor vehicles, or where any such vehicles are equipped for operation, repaired, or kept for remuneration.

GROSS LEASABLE AREA: The total floor area designed for tenant occupancy and exclusive use, including basements, mezzanines, upper floors and storage area, and excluding areas devoted to housing of mechanical equipments, electrical substations and mail areas, and also excluding general office floor area having no connection to any of the retail establishments in the planned shopping center, up to twenty percent (20%) of the gross leasable floor area of the center.

GUESTROOM: A rooming unit of only one room. If a guestroom contains sleeping facilities for more than two (2) persons, each unit of sleeping facilities for two (2) persons or any portion thereof shall be considered as a separate guestroom for density purposes only.

HISTORICAL SOCIETY: An organization of persons interested in the study, collection, interpretation and dissemination of information and material related to the historical development of a given area, or combination thereof.

HOBBY SHOP: An accessory use which is not conducted for remuneration but solely as a hobby, pastime or means of education or entertainment. Such activity shall be carried on entirely within a building. No noise, heat, light, odor or vibration shall be emitted beyond the property line.

HOME: A place of human habitation.

HOME OCCUPATION: An occupation or a profession which:

   (A)   Is customarily carried on in a dwelling unit or in an attached building; and

   (B)   Is clearly incidental and secondary to the use of the dwelling unit for residential purposes and; further provided, that such use does not alter or change the exterior character of the dwelling unit or exterior character of the attached building, and in connection with which there is kept no stock in trade or commodity sold upon the premises, and in which no person is employed other than a member of the immediate family residing in the home; and

   (C)   Which conforms to the following additional conditions:

      1.   The occupation or profession shall be carried on wholly within the principal building or within an attached building.

      2.   There shall be no exterior display, no exterior storage of materials and no other exterior indication of the character of the principal building.

      3.   No offensive noise, vibration, smoke, dust, odors, heat or glare shall be produced;

   (D)   No mechanical equipment shall be used except that normally used for domestic, hobby, or household purposes;

   (E)   A "home occupation" shall not include, but such exclusion shall not be limited to, the following:

Barbershops.

Commercial stables, veterinary office.

Hospitals and kennels.

Real estate offices.

Restaurants.

HOSPITAL: An institution for the diagnosis, care or treatment of two (2) or more unrelated persons suffering from illness, injury or deformity, or for the rendering of obstetrical or other professional medical care other than in an emergency. The term "hospital" shall not be construed to include the office of a physician or practitioner. (For the purposes of this definition "nursing care" shall not be construed to be professional "medical care".)

HOTEL: A building or that portion thereof containing more than five (5) rooming units or sleeping facilities for more than twenty (20) persons. Such rooming units or dwelling units being for residential purposes or transient purposes. A hotel shall provide customary hotel services such as bellboy service, room service, maid service, telephone, secretarial or desk service.

HOUSEKEEPING RESIDENTIAL USE: All residential uses except those used for transient purposes.

INTERIOR LOT: A lot having but one side abutting on a street.

JUNKYARD: The use of a lot or portion thereof for the storage, keeping or abandonment of junk, dismantled automobiles, or other vehicles, or machinery, or parts thereof, including scrap metals, rags, or other scrap materials.

KEY LOT: An interior lot, one side of which is contiguous to the rear line of a corner lot.

KINDERGARTEN: See definition of Nursery School.

LAUNDRY, SELF-HELP: A building in which domestic type washing machines and/or driers are provided on a rental basis for use by individuals doing their own laundry.

LIBRARY: A place in which books, manuscripts, musical scores or other library or literary and artistic materials are kept for use and only incidentally for sale.

LIBRARY, RESEARCH: A place in which books, manuscripts, musical scores or other literary and artistic materials are kept for use, and only incidentally for sale, as reference in the inquiry and investigation of facts aimed at interpretation and discovery.

LOT, COMMERCIAL: A parcel of land or two (2) or more contiguous parcels zoned commercial or industrial to be used as a unit under the provisions of the commercial and industrial zoning districts of this chapter.

LOT LENGTH: The length (or depth) of a lot shall be:

   (A)   If the front and rear lines are parallel, the shortest distance between such lines.

   (B)   If the front and rear lines are not parallel, the shortest distance between the midpoint of the front lot line and the midpoint of the rear lot line.

   (C)   If the lot is triangular, the shortest distance between the front lot line and a line parallel to the front lot line, not less than ten feet (10') long lying wholly within the lot.

LOT LINE: (A) Front: The front property line of a lot shall be determined as follows:

      1.   Corner Lot: The front property line of a corner lot shall be the shorter of the two (2) lines adjacent to the streets as platted, subdivided or laid out. Where the lines are equal, the front line shall be that line which is obviously the front by reason of the prevailing custom of the other buildings in the block. If such front is not evident then either may be considered the front of the lot but not both.

      2.   Interior Lot: The front property line of an interior lot shall be the line bounding the street frontage.

      3.   Through Lot: The front property line of a through lot shall be that line which is obviously the front by reason of the prevailing custom of the other buildings in the block. Where such front property line is not obviously evident, the board of adjustment shall determine the front property line. Such a lot over two hundred feet (200') deep shall be considered, for the purpose of this definition, as two (2) lots each with its own frontage.

   (B)   Rear: The rear property line of a lot is that lot line opposite to the front property line. Where the side property lines of a lot meet in a point, the rear property line shall be assumed to be a line not less than ten feet (10') long, lying within the lot and parallel to the front property line. In the event that the front property line is a curved line, then the rear property line shall be assumed to be a line not less than ten feet (10') long, lying within the lot and parallel to a line tangent to the front property line at its midpoint.

   (C)   Side: The side property lines of a lot are those lot lines connecting the front and rear property lines of a lot.

LOT, RESIDENTIAL: A parcel of land or two (2) or more contiguous parcels to be used as a unit under the provisions of this chapter, as shown in the records of the Hill County recorder's office, and having its principal frontage on a street, in any district where a half street not less than one-half (1/2) of that width prescribed for that street by the minimum right of way standards map, and amendments thereto, has been dedicated, any lots facing or siding on such half streets from which side the required width of dedication has been made shall be deemed to have frontage on a street. No permit shall be issued for buildings on a lot fronting on a half street of less than thirty five feet (35') for a major arterial and thirty feet (30') for all other streets within the city of Havre. An appeal from this requirement may be taken to the board of adjustment.

For the purpose of this section, a private way of passage meeting city right of way standards which is burdened with an easement of passage, running with the land, to the benefit of all lots having frontage thereon, may be considered as a street subject to the following provisions:

   (A)   Such private way of passage must have been a part of a legally recorded subdivision in which substantial development of street or buildings has commenced at the time of passage of this chapter, or

   (B)   A proposed private way of passage must be submitted to the commission for its recommendations and then be approved by the city council of the city of Havre.

However, such private way of passage shall not be considered a street wherein it is contiguous with dedicated right of way except at an intersection of the private way of passage and the dedicated right of way.

LOT WIDTH: The width of a lot shall be:

   (A)   If the side property lines are parallel, the shortest distance between these side lines.

   (B)   If the side property lines are not parallel, the width of the lot shall be the length of a line at right angles to the axis of the lot as a distance equal to the front setback required for the district in which the lot is located. The axis of a lot shall be a line joining the midpoints of the front and rear property lines.

MAINTENANCE: The replacing of a part or parts of a building, which have been made unusable by ordinary wear or tear, or by the weather.

MALL: A pedestrian way of passage within or between closed buildings. Only areas at least fifty feet (50') within any open end mall shall be considered as being within the mall.

MARQUEE: See definition of Awning.

MOBILE HOME PARK: Any lot, tract or parcel of land licensed and used or offered for use in whole or in part, with or without charge, for the parking of occupied mobile homes and travel trailers subject to chapter 3 of this title and used solely for living and/or sleeping purposes. Travel trailers shall not occupy more than fifteen percent (15%) of the spaces of the total mobile home park.

MOBILE HOME SUBDIVISION: A subdivision for residential use by mobile homes exclusively.

MOTEL: A building or group of buildings containing apartments, and/or rooming units, and/or guestrooms each of which maintains a separate outside entrance. Such building or group of buildings being designed, intended, or used primarily for the accommodation of automobile travelers, and providing automobile parking conveniently located on the premises.

MULTI-FAMILY RESIDENCE: A building designed and/or used exclusively for residential purposes and containing more than one dwelling unit.

MULTIPLE DWELLING: A multiple dwelling is a "multi-family residence" as defined herein.

MUSEUM: An institution, including historical museums, devoted to the procurement, care and display of objects of lasting interest or value.

NONCONFORMING USES: See section 11-1-15 of this chapter.

NURSERIES: A building and premises where children are temporarily cared for in their parents' absence.

NURSERY SCHOOL: An institution for the care of children, of preschool age, the activity of which shall be conducted between the hours of seven o'clock (7:00) A.M. and seven o'clock (7:00) P.M. Even though some instruction may be offered in connection with such care, the institution shall not be considered a "school" within the meaning of the ordinance.

NURSING HOME: A facility other than a hospital in which continuing nursing care on a twenty four (24) hour basis by a graduate nurse licensed in Montana or other nursing personnel meeting standards adopted by the state board of health, is provided and in which medical services are prescribed or performed under the direction of a physician or surgeon licensed to practice in Montana, for two (2) or more unrelated persons who are not acutely ill and not in need of hospital care.

OPEN INNER COURT: A court bounded on all sides by building walls or other structures.

PARKING LOT, COMMERCIAL: A lot upon which cars are parked subject to remuneration.

PARKING LOT, PRIVATE: A lot upon which cars are parked without charge and in conformance with requirements of section 11-1-10 of this chapter.

PERMITTED USE: A use specifically permitted or analogous to those specifically permitted as set forth in sections 11-1-1 through 11-1-9 of this chapter.

PHARMACY: A place where medicines only are compounded or dispensed.

PLATE LINE: That part of a wall that supports the rafters.

PORCH, OPEN: A roof partially supported by columns or wall sections. Any portion of such open porch which extends into a front or side yard shall be so constructed that the area of supporting columns or wall sections on any one side shall not exceed fifty percent (50%) of that side; and further, that screen, lattice, grill work or other material which has a net ten percent (10%) closed area may be permitted, provided the maximum area of fifty percent (50%) is not exceeded. Such open porch shall be used solely for ingress and egress, and not for occupancy as a sleeping porch or washroom.

PRIVATE USE: One which is restricted to the occupants of a lot or building, together with their guests, where compensation for such use is not received and where no business or commercial activity is associated with such use of building.

PROFESSIONAL USE: The rendering of service of a professional nature by:

   (A)   Architects, engineers and surveyors.

   (B)   Doctors of medicine, osteopathy, dentistry and optometry.

   (C)   Lawyers.

   (D)   Accountants.

   (E)   Consultants and practitioners who are recognized by the appropriate above licensed professions.

   (F)   Chiropractors, chiropodists, and naturopaths.

PROHIBITED USE: A use which is not specifically permitted or analogous to those specifically permitted.

RESIDENTIAL PURPOSE: The intent to use and/or the use of a room or group of rooms for the living, sleeping and housekeeping activities of persons on a permanent or semipermanent basis of an intended tenure of one month or more.

RESIDENTIAL USE: Shall be deemed to include single and multiple dwellings and mobile homes.

REST HOME: See definition of Hospital.

RESTAURANT: An establishment other than a boarding house where meals which are prepared therein may be secured by the public.

ROOMING HOUSE: See definition of Boarding House.

ROOMING UNIT: A suite of rooms forming a single habitable unit used or intended to be used for residential or transient purposes but not including cooking facilities of any kind. Wherein a rooming unit is designed to be divided into separate guestrooms, then each separate sleeping room shall be counted as a guestroom for density purposes.

RUMPUS ROOM: A room in the main building or in an accessory building which is used as a playroom or study room by the occupants of the lot and their guests for such purposes and is not used for sleeping, living, or as a business office.

SCHOOL: A place of general instruction including college, but not including business colleges, nursery schools, dancing schools, riding academies or specialized trade or vocational schools.

SERVICE STATION: See definition of Automobile Service Station.

SHELTERED CARE HOME: A facility other than a hospital or nursing home for two (2) or more unrelated persons who are not acutely ill which renders personal care and assistance with meals, dressing, medications prescribed by a physician or surgeon licensed in Montana, and other personal assistance of a similar type and includes homes for the aged and infirm who do not need skilled nursing care.

SNACK BAR: A retail food service establishment serving such items as coffee, tea, milk, soft drinks, sandwiches and pastry. All customer service shall be confined to the physical limits of the snack bar.

STORY: That portion of a building included between the surface of any floor and the surface of the next floor above it, or if there is no floor above it, then the space between the floor and the ceiling next above it. A basement, the ceiling of which is less than four feet six inches (4'6") above the grade level, shall not be considered a story. A mezzanine floor shall be considered a story if it exceeds thirty three and one-third percent (331/3%) of the area of the floor next below it.

STREET: A dedicated public passageway which affords a principal means of access to abutting property.

STRUCTURE: That which is built or constructed, an edifice or building of any kind or any piece of work artificially built up or composed of parts joined together in some definite manner and attached to the ground.

SUBLOT: A subordinate and integral part of a lot which lot is identified on a subdivision recorded in the maps and plats records of the Hill County recorder.

THROUGH LOT: A lot abutting two (2) parallel or approximately parallel streets.

TOURIST COURT: See definition of Motel.

TOWNHOUSE: A single-family residence located within a multi- family structure with land and appendages thereon held in fee simple and common walls covered by party wall agreements and covenants running with the land. Commonly it refers to a single-family house of two (2) or sometimes three (3) stories that is connected to a similar house or houses by a common sidewall or sidewalls.

TRANSIENT PURPOSES: The intent to use and/or the use of a room or a group of rooms for the living, sleeping and housekeeping activities of persons on a temporary basis of an intended tenure of less than one month.

TRAVEL TRAILER: A vehicular portable home designed as a temporary dwelling for travel, recreational and vacation uses. Such home shall not exceed eight feet (8') in width and thirty two feet (32') in length, and shall be classified as a travel trailer whether or not its wheels, rollers, skids or other rolling equipment have been removed, or whether or not any addition thereto has been built on the ground.

TRAVEL TRAILER PARK: Any lot, tract or parcel of land licensed and used or offered for use in whole or in part, with or without charge, for the parking of occupied mobile homes, travel trailers, pickup campers, converted buses, tent trailers, tents or similar devices used for temporary portable housing and used solely for living and or sleeping purposes.

USE: The specific purpose for which a building or lot is arranged, intended, designed, occupied or maintained.

WHOLESALE: The business of selling goods or merchandise to retailers or jobbers for resale to the ultimate consumer.

YARD: A required space other than a court on any lot, unoccupied by a structure and unobstructed from the ground upward, and measured as the minimum horizontal distance from the nearest wall or projection including carports, porches, eaves, bay windows, sills, or other projections, to the property line opposite such building line; provided, however, that where a future width line is established by the provisions of this chapter for any street bounding the lot, then such measurement shall be taken from the line of the building to such future width line.

YARD, FRONT: A yard extending across the full width of the lot, the depth of the yard being the minimum horizontal distance between the front lot line and a line parallel thereto on the lot.

YARD, REAR: A yard extending across the full width of the lot between the most rear main building and the rear lot line; the depth of the required rear yard shall be measured horizontally from the nearest point of the rear lot line toward the nearest part of a main building.

YARD, SIDE: A yard between a main building and the side lot line, extending from the front yard, or front lot line where no front yard is required, to the rear yard, the width of the required side yard shall be measured horizontally from the nearest point of the side lot line toward the nearest part of a main building.

For the purposes of this chapter, all yards abutting streets or avenues shall be considered as front yards. (Ord. 599, 8-5-1974, eff. 9-4-1974; amd. Ord. 621, 8-4-1975, eff. 9-3-1975; Ord. 641, 2-7-1977; Ord. 929, 4-1-2024)

The boundaries of districts are shown for convenience upon the map attached to the ordinance codified herein and being part of this chapter, except that all changes in zoning boundaries hereafter will be shown on a revised map on display in the office of the city engineer. (Ord. 599, 8-5-1974, eff. 9-4-1974)

This chapter shall be enforced by the building inspector or his assistants, subject to such variations and interpretations which may be made by the board of adjustment. Appeal of any decision of the enforcing officer, may be made to the board of adjustment as provided in the law of the state of Montana. (Ord. 599, 8-5-1974, eff. 9-4-1974)

A building permit shall be issued by the enforcing officer before any building, or premises, or part thereof may hereafter be created, erected, changed or converted, wholly, or in part, in its use or structure, to the effect that such building and use proposed therefor, conform to the provisions of this title. A certificate of occupancy shall be applied for and issued before any building or premises, or part thereof, for which a building permit has been issued, is allowed to be placed in use, certifying that such building and use proposed therefor conform to the provisions of the building permit and this title. (Ord. 621, 8-4-1975, eff. 9-3-1975)

Temporary certificates of occupancy may be issued for a period not exceeding six (6) months, during the completion of any alterations, or during a partial occupancy of such building. Such temporary certificates shall not be extended, nor shall they, in any way, affect the rights, duties and obligations of the owner or the city relative to the use or occupancy of the premises converted, or any other matter covered by this title.

Each application for a building permit must be accompanied by a plat drawn to scale, and in such form, as may be prescribed by the building inspector, showing the actual size and dimensions of the lot to be built upon, the size of the building to be erected, and such other information as may be necessary to provide for the enforcement of the regulations in this title, and the issuing, as before required, of a certificate of occupancy. The building inspector shall file a careful record of such application and plat. (Ord. 599, 8-5-1974, eff. 9-4-1974)

   (A)   Board Of Adjustment Established:

      1.   The board of adjustment is hereby established to act on variance and conditional use applications as herein detailed. Said board shall consist of five (5) members appointed by the mayor for three (3) year terms, and subject to confirmation by the city council.

      2.   The board shall appoint one of its members as chairperson and will set its operating rules in accordance with section 76-2-321, Montana Code Annotated.

      3.   The board's office shall be in the office of the city director of public works. All files of said board shall be held in said office.

      4.   The staff of the director of public works shall be at the disposal of the board to receive and process applications for variances and for conditional uses and to give its advice to said board.

      5.   Meetings of the board shall be held at the call of the chairperson and at such other times as the board may determine. Such chairperson, or in the absence of the chairperson, then the acting chairperson, may administer oaths and compel the attendance of witnesses. All meetings of the board shall be open to the public. The board shall keep minutes of its proceedings, showing the vote of each member upon each question, or if absent or failing to vote, indicating such fact and shall keep records of its examinations and other official actions, all of which shall be immediately filed in the office of the board and shall be a public record.

   (B)   Powers Of Board:

      1.   Where there are practical difficulties or unnecessary hardships in the way of carrying out the strict letter of this title, the board of adjustment shall have the power, after public notice and hearing, in a specific case, to vary or modify any of the regulations or provisions relating to the use, construction, setback, yard, area and height requirements and parking and loading space requirements, as well as structural changes in, equipment or alterations of buildings or structures in harmony with their fundamental purposes and intent, so that the public health, safety and general welfare may be conserved and substantial justice done.

      2.   In every case, however, where a variance permit is either granted or revoked by the board of adjustment, it must be affirmatively shown that an unnecessary hardship or practical difficulty would be created.

      3.   In addition to the foregoing powers, the board of adjustment shall have the power to permit conditional uses, subject to and in accordance with the provisions of chapter 5 of this title.

      4.   Changes in the regulations, restrictions and boundaries of districts may be made only by the city council, and in the manner designated by Montana law.

   (C)   Variance, Procedure:

      1.   Written application for such variances or modifications shall be filed in the office of the director of public works and shall include a scale drawing of the proposal showing the placement of structures on the lot and the approximate location of buildings around, and the written consent of the adjoining landowners within a radius of one hundred fifty feet (150'), if possible. Notwithstanding any other provisions of this section, a uniform fee, established by the resolution of the city council, shall be paid to the city upon the filing of each application for a variance or modification for the purpose of defraying expenses incidental to the proceedings.

      2.   The director of public works shall cause to be made such investigation of fact bearing on the application as will provide necessary information to assure that the action on each such application is consistent with the intent and purpose of this title. No application will be regarded as having been filed until the fee stated above shall have been paid to the city.

   (D)   Variance, Notice Of Hearing:

      1.   Notice of said hearing shall be published once, in a newspaper of general circulation within the city, at least seven (7) days prior to the hearing date, and notice shall also be posted on the bulletin board in the city hall.

      2.   Said hearing shall be held at the appointed time and place, in the city council chambers, and testimony may be taken by the board of adjustment from persons interested in said variance or modification request, and from the staff of the office of the director of public works.

      3.   In approving such variance or modification, the board of adjustment shall designate such lawful conditions as will secure substantial protection for the public health, safety and general welfare and shall find as follows:

         (a)   Such variance or modification will not be inconsistent with the intent and purpose of this title and/or any adopted general plan.

         (b)   That strict compliance with the provisions of this title would create unnecessary hardship or unreasonable situations on a particular property due to unusual or extreme topography, unusual shape of the property or the prevalence of similar conditions in the immediate vicinity of the property.

         (c)   That such modifications will have minimal adverse effect on abutting properties or the permitted uses thereof.

         (d)   That the lawful conditions stated in the approval are deemed necessary to protect the public health, safety and general welfare, which provisions may include, but are not limited to:

            (1)   Bond to ensure removal of a structure within a specified period of time.

            (2)   A time period within which the proposed structure shall be erected.

            (3)   Regulations of point of vehicular ingress and egress.

            (4)   Requiring landscaping and maintenance thereof.

            (5)   Requiring the surfacing and marking of off street parking and loading areas subject to specifications of the uniform building codes 1 of the city and of the board of adjustment.

            (6)   Any other such conditions as will make possible the development of the city in an orderly and efficient manner and in conformity with the intent and purpose set forth in this section. Any approval under this section shall be subject to the terms of the conditions designated in connection therewith.

            (7)   The board of adjustment may require that the applicant agree in writing to fulfill the required conditions as set forth herein, or post with the city a faithful performance bond in the amount equal to the estimated costs of improvements plus fifteen percent (15%) to ensure the installation of such improvements. This bond shall be furnished by a surety company authorized to write such bonds in the state, except in cases where a cash deposit is accepted by the city. (Ord. 783, 6-7-1993)

   (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: a petition requesting such change shall first be presented to the city council, duly signed by the owners of thirty five percent (35%) or more, either of the area of the lots included within such change, or of the lots immediately adjacent in the rear thereof, extending one hundred fifty feet (150') therefrom, or, of the lots directly opposite thereto, extending one hundred fifty feet (150') from the street frontage of such opposite lots. Such petition shall be referred to the board of adjustment which shall make a careful investigation of such proposed change, and file the report thereon within thirty (30) days after the same has been referred. The city council shall thereupon cause notice to be published twice in the official newspapers of the city of the time and place set for the hearing upon such report. The first publication of such notice shall be made not less than fifteen (15) days before the date of such hearing. At such hearing, the city council shall hear all persons and all objections and recommendations relative to such proposed change, and thereupon action shall be taken upon such ordinance by said city council, and such action shall be final and conclusive as to all matters and things involved in said petition; provided, however, in case of a protest against such change signed by the owners of twenty percent (20%) or more, either of the area of the lots included in such proposed change, or of those immediately adjacent in the rear thereof extending one hundred fifty feet (150') therefrom, or of those directly opposite thereof extending one hundred fifty feet (150') from the street frontage of such opposite lots, such amendment shall not become effective except by the favorable vote of three- fourths (3/4) of all the members of the city council.

   (B)   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.

   (C)   Changes in the regulations and restrictions in any district may be made from time to time by the city council in the same manner as is prescribed in the preceding paragraphs of this section for making changes in the boundaries, except that, such action may be initiated without the presentation of a petition requesting it. (Ord. 599, 8-5-1974, eff. 9-4-1974)

   (A)   It shall be unlawful for any person to erect, construct, enlarge, alter, repair, move, improve, remove, convert or demolish, equip, use, occupy or maintain any building or structure in the city, or cause the same to be done, contrary to or in violation of any of the provisions of this title.

   (B)   Any person violating any of the provisions of this title shall be deemed guilty of a misdemeanor, and each such person shall be deemed guilty of a separate offense for each and every day or portion thereof during which any violation of any of the provisions of this title is committed, continued or permitted, and upon conviction of any such violation such person shall be punishable by a fine of not more than three hundred dollars ($300.00), or by imprisonment for not more than ninety (90) days, or by both such fine and imprisonment. (Ord. 599, 8-5-1974, eff. 9-4-1974)

If on any inspection the condition of a building or premises, or its use or occupancy, is found not to conform to the requirements of this title, or the conditions of an existing certificate therefor, the building inspector shall at once issue written notice to the owner, specifying the manner in which the building or premises, or its use or occupancy, fails to so conform, and the owner shall at once take steps to make it so conform, as directed, by the building inspector; and, if it is necessary for the proper protection of the occupants, he shall order the use or premises vacated until its condition is made satisfactory and in conformity with the requirements of this title at which time a certificate will be issued as herein provided for new buildings, or for the use of premises. (Ord. 599, 8-5-1974, eff. 9-4-1974)

   (A)   In interpreting and applying the provisions of this title, they shall be held to be the minimum requirements for the promotion of the public health, safety, convenience, comfort, prosperity and general welfare.

   (B)   It is not intended by this title to interfere with, or abrogate or annul rules or permits previously adopted or issued according to the law relating to the use of buildings or premises, nor to interfere with, abrogate or annul any easement, covenants, or agreements between parties; provided, however, that where this title imposes greater restrictions as to use, or requires larger open spaces or less height, than are required by such rules or permits or by easements, covenants or agreements, the provisions of this title shall control. (Ord. 599, 8-5-1974, eff. 9-4-1974)

If any section, paragraph, subdivision, clause, phrase or provision of this title shall be adjudged invalid or held unconstitutional, the same shall not affect the validity of this title as a whole, or any part or provision thereof, other than the part so decided to be invalid or held unconstitutional. (Ord. 599, 8-5-1974, eff. 9-4-1974)