The following requirements provide exceptions or qualify and supplement the specific district regulations set forth in chapter 3 of this title:

   (A)   Building Groups: In any residential district, more than one principal structure housing a permitted use may be located on a single lot or combination of lots; provided, that:

      1.   A minimum of ten feet (10') is maintained between principal structures.

      2.   Side yard setbacks are provided between adjacent properties as required in the district.

      3.   Front yard setbacks as required in the district are provided on side streets when a side street frontage exceeds one hundred fifty feet (150').

      4.   Principal structures are set back from alleys a minimum of twenty feet (20').

   (B)   Height Exceptions: The following requirements supplement those specific district regulations set forth in chapter 3 of this title:

      1.   The height limitations contained in the district land use requirements table shall not apply to spires, belfries, cupolas, antennas, water towers or tanks, chimneys or smokestacks, power transmission lines, cooling or elevator towers, or similar and necessary appurtenances not used for human occupancy.

      2.   Churches, schools, hospitals, nursing or rest homes, or public buildings may exceed the height limitations of the district if the minimum depth of the side and rear yard setbacks are increased one foot (1') for every two feet (2') by which the structure exceeds the height limitation of the district.

   (C)   Permitted Projections: In all residential districts, the following projections shall be permitted to extend into or over the required yard area; provided, that the building or structure to which such projection is attached does not infringe into the required yard area:

      1.   Fireplaces and bay windows not to exceed two feet (2').

      2.   Roof overhangs, eaves, gutters, cornices or other architectural features not to exceed eighteen inches (18").

      3.   Open exterior stairways or decks not to exceed two feet (2') into the side yard nor four feet (4') into the front yard.

   (D)   Yards And Setbacks For Accessory Buildings In Residential Districts: The following setbacks shall be provided for accessory buildings in residential zones:

      1.   Detached garages and carports shall be set back six feet (6') from the dwelling, three feet (3') from a side or property line, and three feet (3') from a rear property line without street or alley frontage.

      2.   Detached garages and carports shall be set back zero feet (0') from an alley property line except for garages and carports that have their approach at a right angle to the alley which shall be set back six feet (6') from the alley property line and ten feet (10') from the side street property line.

      3.   Detached or attached garages and carports with their approach from any street frontage shall be set back twenty feet (20') from the front and/or ten feet (10') from the side property line, or must meet the front and side yard requirements for the district in which they are located, whichever is most restrictive.

      4.   Detached tool or storage sheds, playhouses, greenhouses or other accessory buildings shall be set back three feet (3') from a side property line, three feet (3') from a rear property line without street or alley frontage, zero feet (0') from an alley property line and ten feet (10') from a side street property line.

   (E)   Lot Sizes: Lots created before and after the effective date of this title shall conform to all of the applicable requirements of the zoning district in which the property is located.

   (F)   Required Yards: No part of a yard or other open space required about or in connection with any building for the purpose of complying with this title shall be included as part of a yard or other open space for any other building.

   (G)   Division Of Lot: A recorded lot or combination of lots can only be divided into smaller lots upon special review conforming to the Montana subdivision and platting act; new lots must conform to all of the applicable regulations of the zoning district in which the property is located.

   (H)   Access For Buildings: All buildings and structures shall have access to a public or approved private street. A street shall provide the primary means of pedestrian access for any dwelling unit. Alleys shall provide only a secondary means of access. (Ord. 1576, 5-1-1989, eff. 6-15-1989)

The intent of landscaping is to enhance, conserve and stabilize property values by encouraging aesthetically appealing surroundings and relieving heat, wind and glare through proper tree planting and vegetative cover development and maintenance. Yards abutting streets in districts R-1, R-2, R-3, RMO, and P-I should be landscaped. (Ord. 1576, 5-1-1989, eff. 6-15-1989)

   (A)   Height: Except as otherwise required by this code, fences, walls and hedges may be erected or maintained in any residential, commercial, or industrial zoning district along any required yard; provided, that no solid fence, wall or hedge over three feet (3') in height shall be erected or maintained on any street frontage. Fences not exceeding four feet (4') in height may be erected along street frontage provided they are constructed of chainlink or other material which provides for an unobstructed view and is approved by the building official. Fences, walls or hedges located along side or rear yards not fronting streets shall not exceed six feet (6').

"Height", for the purpose of this section, shall be defined as the vertical distance from the top rail, board or wire to the ground directly below. A base elevation shall be established.

   (B)   Visibility At Intersections: Corner lots in all zones shall not be permitted to have any fences, walls, hedges or other sight obstruction over three feet (3') in height in the area designated as the "clear view triangle". This area can be determined by measuring eighty feet (80') from the center of two (2) intersecting streets along the centerline of each street, then connecting the two (2) points with a straight line forming the hypotenuse of the clear view triangle. Trees within the clear view triangle, including those located within the public right of way, shall have branches removed at the trunk from ground level to a minimum of seven feet (7') above the ground level. Shrubs or hedges within the clear view triangle shall be maintained no higher than three feet (3') above the established top of curb grade.

Regardless of other provisions of this section, no fences, walls or hedges shall be erected or maintained in any yard which materially impedes vision of vehicles entering an abutting street.

   (C)   Prohibited Fences: No barbed wire or other sharp fencing materials and no electrically charged fences shall be erected or maintained in any district.

Barbed wire fencing materials may be used as part of a fence in a commercial or industrial zoning district when such material is located not less than six feet (6') above grade. (Ord. 1726, 7-6-2009)

   (D)   Prohibited Location: No fence, wall or hedge shall be erected or maintained in any public right of way unless as allowed in title 9, chapter 15 of this code. (Ord. 1726, 7-6-2009; amd. Ord. 1744A, 9-4-2012)

   (E)   Prohibited Materials: All fences shall be constructed from approved fencing materials and shall not be constructed from railroad ties, rubble or salvaged material. (Ord. 1726, 7-6-2009)

All swimming pools, excluding baby pools and hot tubs shall be enclosed with a fence or wall not less than three feet (3') in height. The fence or wall must not have an opening larger than four inches (4") in any direction, other than doors or gates. All doors and gates shall be equipped with a self-latching device for keeping the door or gate securely fastened at all times when not in actual use. The door of any dwelling which forms part of the enclosure for private residential pools/hot tubs need not be so equipped. Yard fences will satisfy the enclosure requirement.

The building inspector may allow individual modifications regarding fence height and composition whenever a hardship exists and safety will not be compromised. (Ord. 1576, 5-1-1989, eff. 6-15-1989)

In all established residential zones (R-1, R-2, R-3, RMO), portland cement concrete sidewalks, or other hard surfacing as approved by the building official, and portland cement concrete integral curb and gutter shall be constructed at the time of any new residential construction. This shall be in conformance with the most current city of Lewistown standards. This section shall apply as follows:

   (A)   When any vacant lot or tract of record is developed, curb, gutter and sidewalks shall be required.

   (B)   When a building or residence is razed for the purpose of new construction, curb, gutter and sidewalks shall be required. (Ord. 1723, 10-20-2008)

In commercial zoning districts, portland cement concrete sidewalks, portland cement concrete driveways at all access locations, or other hard surfacing as approved by the building official, and portland cement concrete integral curb and gutter shall be constructed at the time of improvements of property in conformance with the most current city of Lewistown standards. In industrial zoning districts, portland cement concrete integral curb and gutter shall be constructed at the time of improvements of property; however, portland cement concrete sidewalks and driveways shall be required whenever adjoining property is similarly developed. (Ord. 1723, 10-20-2008)

Every building hereafter erected or moved shall be placed on a lot adjacent to a public street or with access to an approved private street (approval granted by the board of adjustment only). All structures shall be located on lots so as to provide safe, convenient access for servicing, fire protection and required off street parking, except under chapter 11, "Planned Unit Development (PUD)", of this title. (Ord. 1576, 5-1-1989, eff. 6-15-1989)

Each unit in a multi-family dwelling shall have a separate entrance. Any structure of two (2), three (3) or four (4) dwelling units which does not provide this shall be classified as an apartment house. (Ord. 1576, 5-1-1989, eff. 6-15-1989)

Where an individual owns two (2) adjoining lots, a zero lot line may be used for a single-family dwelling, but only so as to create a lot line on one side of any lot. (Ord. 1576, 5-1-1989, eff. 6-15-1989)

Where a district boundary line as established in this title divides a lot which was in single ownership and of record at the time of this title, the use thereon and the district requirements applying to the least restricted portion of such lot under this title shall be considered as extending to the entire lot; provided, the more restricted portion of such lot is entirely within twenty feet (20') of the dividing line, and the use so extended shall be deemed to be conforming. (Ord. 1576, 5-1-1989, eff. 6-15-1989)

Refer to chapter 12, "Floodplain Regulations", of this title. (Ord. 1576, 5-1-1989, eff. 6-15-1989)

Approved advertising signs, public use controls and systems, and trees trimmed up seven feet (7') shall be permitted in the arterial setback area (greater than or equal to 60 feet of an arterial street). The designation of a street as an arterial shall be as recommended by the city engineer in conformity with the most recent Lewistown transportation plan. (Ord. 1576, 5-1-1989, eff. 6-15-1989)

No building permit shall be issued or permanent use proposed in any street right of way as noted in the Lewistown comprehensive plan. (Ord. 1576, 5-1-1989, eff. 6-15-1989)

All salvage dealers or other persons accumulating, depositing or storing salvage material within the Lewistown area, when the accumulating, depositing or storing thereof is not within a building, either now stored, deposited or accumulated or hereafter so deposited, stored or accumulated, shall fence such area surrounding salvage materials with a solid fence in accordance with section 11-4-3 of this chapter sufficient to enclose the salvaged materials from public view from outside the enclosure. (Ord. 1576, 5-1-1989, eff. 6-15-1989)

   (A)   Definitions: For the purpose of this section, certain terms shall be construed to mean as follows:

    INOPERABLE VEHICLE: Any conveyance incapable of immediate operation under its own power safely and in concurrence with governing and applicable traffic ordinances.

   PERMANENT STORAGE: Storage of chattel or salvage for a period exceeding five (5) days without moving.

   VEHICLE: A two (2) or more wheel or track conveyance designed to transport one or more persons or properties from one location to another including, without limitation, trucks, buses, cars, motorcycles, scooters, farm and industrial equipment.

   (B)   Abandoned Vehicles: Refer to section 10-5-2 of this code.

   (C)   Storage Or Parking Of Commercial Vehicles: In residential districts, storage or parking of commercial vehicles shall be limited to one delivery vehicle not exceeding eight thousand (8,000) pounds' GVW.

   (D)   Storage Of Trailers And Recreational Vehicles: Snowmobiles, boats or other recreational vehicles and campers, camper trailers or mobile homes whose manufacturer's specifications do not exceed eight feet (8') in width and twenty seven feet (27') in length may be parked or stored in rear yards; however, it shall be unlawful for any person to occupy campers, camping trailers or mobile homes for living or sleeping purposes.

   (E)   Storage Of Salvage: Permanent open storage of salvage, inoperable vehicles, rubbish or other chattel shall not be permitted in any residential district. Such storage in commercial and industrial districts shall be regulated by section 11-4-14 of this chapter. (Ord. 1576, 5-1-1989, eff. 6-15-1989)

   (A)   Uses: In commercial and industrial districts, the temporary use of land for a carnival or circus or for the sale of Christmas trees shall be permitted for a period not to exceed thirty (30) days. These uses shall not be permitted in residential districts. Other temporary uses of land shall conform with the provisions of chapter 3 of this title.

   (B)   Buildings: Temporary use of buildings or manufactured homes for offices or equipment sheds during construction projects shall be permitted in any zoning district. Such structures shall be removed upon completion of the construction project. No such structure shall be used for living or sleeping purposes.

Temporary use of buildings or manufactured homes for uses other than those referred to in this section shall be approved by the building inspector and in addition shall conform with the provisions of chapter 3 of this title. The building inspector can establish a period up to but not exceeding one year that a building or manufactured home can be used on a temporary basis for use or storage. After such time, the temporary use shall be discontinued. (Ord. 1576, 5-1-1989, eff. 6-15-1989)

"Livestock and fowl" as defined in chapter 2 of this title shall not be maintained in any residential district. Livestock and fowl shall be maintained in commercial or industrial districts only as permitted uses regulated in chapter 3 of this title. (Ord. 1576, 5-1-1989, eff. 6-15-1989)