A pre-existing condition that causes nonconformance to these regulations (17.24 Downtown Business District) is considered grandfathered. Refer to 17.33. of the Libby Municipal Code.

(Ord. No. 1962, 7-20-2020)

This district is marked by the edges of the city on Highway 2 which represent the gateway to the community and should present a welcoming entrance. The purpose and intent of this district is to accommodate business opportunities that tend to be more auto-oriented than the downtown core, with an emphasis on safety (both vehicular and pedestrian) and aesthetics.

(Ord. No. 1962, 7-20-2020)

Prohibited:

A.

Single-family (including manufactured and mobile homes), duplex, and tri-plex residential uses.

B.

Mobile, manufactured homes sales.

C.

Cell/wireless towers.

D.

Cemeteries.

E.

Crematoriums.

F.

Commercial storage units as primary use.

G.

Correctional facilities.

H.

Fuels storage, bulk.

I.

Inpatient or emergency health care facilities (excluding urgent care facilities).

J.

Kennels.

Conditional:

A.

Multi-family. Multi-family structures are permitted in the Highway Commercial District only when the first floor is restricted to commercial uses ancillary and complementary to residential uses, i.e., coffee shops, restaurant, laundry, salons, etc.

B.

Auto Repair. Auto repair facilities are permitted in the Highway Commercial District when the following conditions are met:

1.

Areas for the temporary parking of cars waiting service shall be located in the rear of the building. When the rear of the building is not available, the parking area shall be screened at seventy percent (70%) opacity.

2.

Service bays shall be designed so as to approach from the side of the building; or when located on a corner lot, from the lower classification street.

C.

Adult-Use or Medical Marijuana Dispensary.

1.

Window signs on marijuana dispensaries are limited to a maximum window sign coverage of twenty percent (20%) of the window area, and otherwise no window shall be covered or made opaque in any way. No security bars, metal screens, grates, or other visible security devices other than door locks and recessed or otherwise discrete security cameras are permitted on the storefront exterior unless required by state law.

2.

Marijuana dispensaries must have a building façade that visually blends in with the design, style, and appearance of adjacent storefronts, including signage, security measures, and lighting, and must be reviewed and approved by the zoning commission when required.

(Ord. No. 1962, 7-20-2020; Ord. No. 2002, § 2, 5-16-2022)

Twenty-five (25) feet where parking is not designed for the front of the building.

Forty (40) feet where one row of parking is designed in the front of the building.

Sixty (60) feet where two rows of parking are designed in the front of the building.

On corner lots, the setback shall meet the minimum sight distance requirements as depicted in Chapter 12.40.060.

(Ord. No. 1962, 7-20-2020)

Buildings with a proposed footprint equal to or greater than twenty thousand (20,000) square feet shall be subject to design review with the planning board at a public hearing. In addition, buildings containing more than one hundred fifty (150) linear feet of wall shall be designed with features to break up the wall such as alcoves, atria, gables, etc.

(Ord. No. 1962, 7-20-2020)

No buildings shall exceed forty-five (45) feet.

(Ord. No. 1962, 7-20-2020)

Parking lots must be paved, curbed and designed in accordance with the most current edition of the city's design and construction standards.

A.

Newly constructed buildings shall be provided with permanently maintained, on-site automobile parking facilities as described in this subsection, by Table A. Such parking facilities shall be made permanently available and maintained for parking purposes.

B.

Handicapped parking shall be provided in accordance with the city's adopted building code.

C.

Stall Size.

1.

All parking stalls must be striped.

2.

A minimum of seventy percent (70%) of the required parking stalls shall have a minimum length and width of nineteen (19) feet and nine feet, respectively, except that any space adjacent to a wall shall have a minimum width of 9.5 feet.

D.

Mixed-use Occupancies and Joint Use of Parking.

1.

The total on-site parking spaces required on any property when more than one class of use is proposed (for either the same property or within the same occupancy) shall be equal to the sum of the spaces required in this title for each of such separate classes of use.

2.

A conditional use permit may be granted to reduce the required parking for mixed-use occupancies (i.e., a joint use of parking), based upon submission of enforceable documents guaranteeing that the uses will be operating during mutually exclusive hours, and upon such other circumstances or criteria as the planning board, or city council on appeal, may require.

3.

The planning board or city council shall consider the following when evaluating joint use parking applications:

a.

The nature and location within the development of the proposed uses, as well as their size compared to that of the overall development.

b.

Assurances as to the non-overlapping nature of the non-retail and retail peak-activity periods.

c.

The provision of peak-hour parking beyond the property boundaries.

d.

The location and adequacy of the parking in the particular portion of the development wherein joint use of parking is proposed.

(Ord. No. 1962, 7-20-2020)

A.

In the construction of any building in the district, satisfactory facilities must be provided for loading and unloading at the rear entrance.

B.

New curb-cuts on Highway 2 must be permitted by MDT.

(Ord. No. 1962, 7-20-2020)

Editor's note— Ord. No. 1962, adopted July 20, 2020, set out provisions intended for use as § 17.25.070. For purposes of classification, and at the editor's discretion, these provisions have been included as § 17.25.075.

All construction shall be in accordance with the city's adopted building code.

(Ord. No. 1962, 7-20-2020)

Applicants must have approval from all other relevant agencies as pertains to the particular use, i.e., environmental health, Secretary of State, Department of Revenue, Montana Department of Transportation, etc.

(Ord. No. 1962, 7-20-2020)

Reserved.

(Ord. No. 1962, 7-20-2020)

Vacant lots may be used for lawns, gardens, tennis courts, playgrounds and other recreational facilities, or paved parking lots; and shall be maintained and kept free of weeds.

(Ord. No. 1962, 7-20-2020)

Editor's note— Ord. No. 1962, adopted July 20, 2020, set out provisions intended for use as § 17.25.150. For purposes of classification, and at the editor's discretion, these provisions have been included as § 17.25.110.