Lewistown City Zoning Code
Subchapter XV
Additional Provisions
§ 153.265 UTILITY EASEMENTS.
No building or structure or addition thereto shall be erected over or across any existing public utility nor upon any platted easements.
(Ord. 1999-7, passed 5-25-1999)
§ 153.266 NATURAL PRODUCTION USES.
In any commercial or industrial district the extraction of oil, gas, or other natural mineral deposits shall be permitted upon approval by the City Council. Recommendations concerning the safeguards and protection of adjacent property shall be made by the Board of Appeals.
(Ord. 1999-7, passed 5-25-1999)
§ 153.267 VISIBILITY AT INTERSECTIONS.
On a corner lot in any district, excluding B-1, no wall, hedge, sign, or other structure or planting more than four feet in height shall be placed or erected within a 30 foot radius of the intersection of two or more streets. In the B-1 district, no wall, hedge, sign, or other structure or planting more than four feet in height shall be placed or erected within a 15 foot radius of the intersection of two or more streets.
(Am. Ord. 2006-4, passed 3-28-2006; Am. Ord. 2002-2, passed 2-26-2002; Ord. 1999-7, passed 5-25-1999)
§ 153.268 TEMPORARY USE PERMIT.
Any type of enclosed building, shed, manufactured home, and the like, that is to be placed on a lot temporarily, shall require a temporary use permit. The temporary use permit may be issued for a 30 day period, with up to a 30 day extension, if approved by the Zoning Enforcement Officer. The location upon which building is placed shall meet the approval of Zoning Enforcement Officer. After 60 days, the temporary structure shall be removed unless a permanent building permit has been obtained.
(Ord. 1999-7, passed 5-25-1999)
§ 153.269 OFF STREET LOADING.
(A)
Every building or structure used for other than residential uses and constructed after the adoption of this chapter, shall provide space on the property to be used exclusively for loading and unloading of vehicles. Such space shall be in accordance with the following schedule:
Required Spaces | Building Gross Floor Area |
|---|---|
1 | 0-8,000 sq. ft. |
2 | 8,000-25,000 sq. ft. |
3 | 25,000-40,000 sq. ft. |
4 | 40,000-100,000 sq. ft. |
5 | 100,000-250,000 sq. ft. |
6 | 250,000-400,000 sq. ft. |
(B)
For buildings or structures having gross floor space area in excess of 400,000 square feet, one additional space shall be required for each additional 200,000 square feet. For the purpose of determining adequacy of loading area, each space shall be not less than ten feet in width, 45 feet in length and 14 feet in height. Exemptions from off street loading are provided for in the B-1 Central Business District.
(Ord. 1999-7, passed 5-25-1999)
§ 153.270 OFF STREET PARKING.
(A)
Off street parking, either paved or surfaced with crushed rock, shall be provided on any lot on which any of the following uses are hereafter established; such space shall be provided with vehicular access to a street or alley. For purposes of computing gross off street parking area required, the ratio of 250 square feet per parking space shall be used. The following are minimum requirements for specific uses:
(1)
Dwellings. One and one-half spaces for each family unit in the structure.
(2)
Hotels, motels, bed and breakfast facilities. One space for each two rooms occupied by boarders or roomers.
(3)
Tourist accommodations. One space for each room offered for tourist accommodations.
(4)
Hospitals, nursing homes, and other institutions for health care and treatment. One space for each four beds, plus one space for each staff and visiting doctor, plus one space for each three employees.
(5)
Theater, auditorium including school auditorium, church, or other place of public assembly. One space for each eight seats available at maximum capacity.
(6)
Wholesale, storage and manufacturing establishments. One space for each five employees.
(7)
Retail establishments. One space for each 300 square feet of floor area.
(8)
Office use. One space for each 300 square feet of floor area.
(B)
If off street parking space for non-residential uses as required above cannot be provided on the same lot on which the principal use is conducted, the Board of Appeals may permit such space to be provided on other off street property provided such space is within 400 feet of the main entrance to such principle use.
(C)
Exemptions from off street parking are provided for in the B-1 Central Business District.
(Ord. 1999-7, passed 5-25-1999)
§ 153.271 RECREATIONAL VEHICLES.
No recreational vehicle shall be allowed for habitation except as follows.
(A)
No recreational vehicle shall be occupied on city rights-of-way.
(B)
No recreational vehicle shall be occupied for more than four times per calendar year, not to exceed a total of 21 days on public or private property within the city.
(C)
(1)
A non-conforming use permit may be issued for a hardship case(s) for temporary habitation of a recreational vehicle exceeding the 21 day restriction set forth in division (B) of this section. hardship cases shall include the following situations:
(a)
Destruction of primary residence upon subject real property by fire, tornado, or other similar calamitous event; or
(b)
Other similar situations wherein residential property has become uninhabitable without the fault of the applicant and wherein repairs or reconstruction will reasonably take more than 12 days to complete.
(2)
Applications made under division (C)(1)(b) of this section shall be accompanied by a certificate of a contractor who has been retained to complete the repairs or reconstruction setting forth the nature of the accident or event making the residential property uninhabitable, the nature of the repairs or reconstruction to be undertaken, the anticipated completion date for the repairs or reconstruction, and a copy of the building permit, if any, issued buy the city for the work to be performed upon the subject real property
(Am. Ord. 2002-2, passed 2-26-2002; Ord. 1999-7, passed 5-25-1999)
§ 153.272 CONSTRUCTION IN CEMETERIES.
Any construction or erection of headstones, monuments and mausoleum inside the boundaries of a cemetery and located in a CO zoning district, shall only be limited to the setback and height requirements of the district and do not require a building permit.
(Ord. 1999-7, passed 5-25-1999)
