Malta City Zoning Code
GENERAL PROVISIONS
§ 156.001 TITLE.
This chapter shall be known and cited as the “Zoning Ordinance of the City of Malta, Montana”.
(Prior Code, § 17.04.010) (Ord. 390, passed - -1993)
§ 156.002 PURPOSE.
The purpose of this chapter is to promulgate and adopt such regulations as necessary to comply with the Comprehensive Plan designed to lessen congestion in the streets; to secure safety from fire, panic and other dangers; to promote health and the general welfare; to provide adequate light and air; to prevent overcrowding of land; and to avoid undue concentration of population; to facilitate the adequate provision of transportation, water, sewerage, schools, parks and such other public requirements.
(Prior Code, § 17.04.020) (Ord. 390, passed - -1993)
§ 156.003 JURISDICTIONAL AREA.
The zoning jurisdiction of the city shall include the land within the corporate limits of the city.
(Prior Code, § 17.04.030) (Ord. 390, passed - -1993)
§ 156.004 AGRICULTURE AND MINING PRODUCTION NOT AFFECTED.
Nothing in this chapter shall be construed to prevent the use, development or recovery of any agricultural, mineral or forest resource or product.
(Prior Code, § 17.04.040) (Ord. 390, passed - -1993)
§ 156.005 DEFINITIONS.
(A) (1) Words used in the present tense include the future tense.
(2) Words used in the singular number include the plural; words used in the plural include the singular, unless the natural construction of the wording indicates otherwise.
(3) The word “person” includes a firm, association, corporation, trust, organization, partnership or company, as well as an individual.
(4) The word “lot” includes the words “parcel” or “tract”.
(5) The word “shall” is mandatory; the word “may” is permissive.
(Prior Code, § 17.08.005)
(B) For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
ACCESSORY STRUCTURE OR USE. The use or structure on the same lot with, and customarily secondary or subordinate to, the principal use or structure.
(Prior Code, § 17.08.010)
AUTOMOBILE WRECKING. The dismantling or wrecking of used motor vehicles or trailers, or the storage, sale or dumping or dismantling, of partially dismantled, obsolete or wrecked vehicles or their parts.
(Prior Code, § 17.08.015)
BOARDING HOUSE. A building, or portion thereof, where lodging and/or meals for five or more persons are provided for compensation.
(Prior Code, § 17.08.020)
BUILDING. Any structure erected for support, shelter or enclosure of persons, animals or property of any kind.
(Prior Code, § 17.08.025)
BUILDING HEIGHT. The vertical distance from the average elevation of the finished grade at the front of the building to the highest point of a flat roof, the deck line of a mansard roof, or the mean height between eaves and ridge for gable, hip and gambrel roofs.
(Prior Code, § 17.08.030)
CARETAKER’S RESIDENCE. A single-family dwelling located in conjunction with a land use that requires 24-hour care in order to protect or operate a commercial or industrial firm.
(Prior Code, § 17.08.035)
CHURCH. A building designed and used for public worship by any religious body.
(Prior Code, § 17.08.040)
CONDITIONAL USE. Uses, other than permitted uses, that may be allowed in a specific district, but necessitating additional requirements to maintain and assure the health and safety of the community and to maintain the character of the district.
(Prior Code, § 17.08.045)
DRIVE-IN EATING ESTABLISHMENT. A building or structure from which persons are served food, refreshments or beverages in their vehicles or at curbside, including establishments which may or may not serve customers outside of their vehicles.
(Prior Code, § 17.08.050)
DWELLING. A building or portion thereof used for occupancy by one or more families.
(Prior Code, § 17.08.055)
DWELLING, MOBILE HOME. A detached residential dwelling unit with minimal dimensions of ten feet by 40 feet, fabricated at a factory and designed for transportation on its own chassis to a building site for occupation as a dwelling with or without a permanent foundation.
(Prior Code, § 17.08.060)
DWELLING, MODULAR UNIT. A factory-constructed transportable building which:
(a) Is designed with a permanent frame or undercarriage and to be transported to a building site on a flatbed or trailer;
(b) Is designed as a detached single-family dwelling to be placed on a permanent foundation at least 24 feet wide;
(c) Complies with the Montana Building, Plumbing, Electrical and Mechanical Construction Codes and the rules for modular housing of the Building Code Division of the Montana Department of Administration;
(d) Is eligible for long-term mortgage financing of at least 15 years; and
(e) Has siding and roofing of a type customarily used on site-constructed residences.
(Prior Code, § 17.08.065)
DWELLING, MULTIPLE-FAMILY. A building or portion thereof designed for residential occupancy by four or more families living separately.
(Prior Code, § 17.08.070)
DWELLING, SINGLE-FAMILY. A building designed for residential occupancy by one family.
(Prior Code, § 17.08.075)
DWELLING, TWO- OR THREE-FAMILY. A building designed for residential occupancy by two or three families living separately.
(Prior Code, § 17.08.080)
DWELLING UNIT. A building or portion thereof providing separate cooking, eating, sleeping and living facilities for one family.
(Prior Code, § 17.08.085)
FAMILY. One or more persons living together as a single housekeeping unit and occupying a dwelling unit; provided that, unless all members are related by blood or marriage, the FAMILY shall not exceed five persons. Domestic resident employees serving on the premises may be counted as part of a FAMILY.
(Prior Code, § 17.08.090)
HOME OCCUPATION. The use of a portion of a dwelling unit or accessory building for occupations at home by one or more persons residing in the dwelling unit. The activity must be clearly incidental and subordinate to the use of the building as a dwelling.
(Prior Code, § 17.08.095)
HOTEL/MOTEL. A building, or buildings, containing six or more rooms designed and rented for sleeping purposes for transients, and where only a general kitchen and dining room may be provided within the building or in an accessory building.
(Prior Code, § 17.08.100)
LOADING SPACE, OFF-STREET. An off-street space conveniently located at a building to allow service pickups and deliveries by commercial vehicles.
(Prior Code, § 17.08.105)
LOT. A parcel or tract of land shown as an individual unit of ownership on a certificate of survey, subdivision plat, deed or other instrument of record.
(Prior Code, § 17.08.110)
LOT, CORNER. A lot located at the intersection of two or more streets.
(Prior Code, § 17.08.115)
LOT DEPTH. The mean distance between the front and rear lot lines.
(Prior Code, § 17.08.120)
LOT FRONTAGE. The front of a lot shall be that portion nearest the street. For corner lots, the front of a lot shall be the narrowest part of the lot having street frontage.
(Prior Code, § 17.08.125)
LOT, INTERIOR. Any lot with only one frontage on a street.
(Prior Code, § 17.08.130)
LOT LINES. The lines bounding a “lot”, as defined herein.
(Prior Code, § 17.08.135)
LOT WIDTH. The mean width of the lot measured at right angles to its depth, as measured at the building setback line.
(Prior Code, § 17.08.140)
MOBILE HOME PARK. A tract of land providing for two or more mobile spaces for lease or rent to the general public.
(Prior Code, § 17.08.145)
NURSING HOME. A building used for the housing of and caring for ambulatory, aged or infirmed persons by a professional staff.
(Prior Code, § 17.08.150)
OFFICE - PROFESSIONAL, BUSINESS, ADMINISTRATIVE. Offices occupied by accountants, architects, dentists, doctors, engineers, attorneys, insurance agents, real estate agents or other professions.
(Prior Code, § 17.08.155)
PARKING SPACE, OFF-STREET. A space located off any public right-of-way which is available for parking a motor vehicle.
(Prior Code, § 17.08.160)
RECREATION VEHICLE PARK. A premises used for public camping where persons can rent space to park individual camping trailers, pick-up campers, motor homes, travel trailers or automobiles for transient dwelling purposes.
(Prior Code, § 17.08.165)
RESTAURANT. A public eating facility which does not provide curbside or drive-in automobile service.
(Prior Code, § 17.08.170)
RETAIL SALES. An establishment selling goods, wares or merchandise directly to a consumer.
(Prior Code, § 17.08.175)
SETBACK. The horizontal distance required between any structure and a lot line, measured at right angles to the lot line.
(Prior Code, § 17.08.180)
SHOPPING CENTER. One or more buildings containing at least three separate retail businesses, planned, developed and managed as a unit, with off-street parking provided on the property.
(Prior Code, § 17.08.185)
SIGN. Any lettered or pictorial device or structure designed to inform or attract attention.
(Prior Code, § 17.08.190)
STRUCTURE. That which is constructed or erected at a fixed location on the ground, or attached to something having a fixed location on the ground. STRUCTURES include buildings, mobile homes, walls, fences and billboards or signs.
(Prior Code, § 17.08.195)
USE. Any purpose for which a building or other structure or a tract of land may be designed, arranged, intended, maintained or occupied in any legal activity, occupation, business or operation carried on or intended to be carried on in a building or other structure or on a tract of land.
(Prior Code, § 17.08.200)
VARIANCE. The relaxation of the strict application of the terms of this chapter with respect to physical requirements such as yard requirements, area requirements, building height, parking and loading requirements, where particular conditions unique to the site of the lot would create an unreasonable burden by making its development for permitted uses difficult or impossible.
(Prior Code, § 17.08.205)
WHOLESALE. The sale of goods and merchandise for resale rather than for indirect consumption.
(Prior Code, § 17.08.210)
YARD, FRONT. A required open space unoccupied by any structure or portion of a structure and extending across the full width of the lot between the front building line and the front lot line.
(Prior Code, § 17.08.215)
YARD, REAR. A required open space unoccupied by any structure or portion of a structure and extending across the full width of the lot between the rear building line of the principal building and the rear lot line.
(Prior Code, § 17.08.220)
YARD, SIDE. A required open space unoccupied by any structure or portion of a structure and extending from the side building line to a side lot line running from the front to the rear of the lot.
(Prior Code, § 17.08.225)
(Ord. 390, passed - -1993)
§ 156.006 REQUIREMENTS IN ALL DISTRICTS.
The following requirements shall apply in all districts.
(A) Home occupations. A home occupation is an occupation conducted as a secondary use in a dwelling; provided that:
(1) The use of the dwelling for the home occupation clearly must be incidental and subordinate to its use for residential purposes, and not more than 25% of the floor area of the dwelling may be used in the conduct of the home occupation;
(2) There may be no change in the outside appearance of the building or premises, or other visible evidence of the conduct of the home occupation other than one sign, not exceeding six square feet in area, non-illuminated and mounted flat against the wall of the principal structure;
(3) No traffic may be generated by a home occupation in greater volumes than would normally be expected in a residential neighborhood, and any need for parking generated by the conduct of the home occupation shall be met off the street;
(4) No equipment or process shall be used in a home occupation which creates noise, vibration, glare, fumes, odors or electrical interference detectable to the normal senses off the lot; and
(5) No outdoor unenclosed storage of equipment or materials used in connection with a home occupation occurs on the premises.
(B) Flood hazard areas. No building or structure may be erected or located within an identified 100-year floodway, or any area identified by the City Council as presenting a flood hazard. Any erection or location of buildings or other structures must conform to Ch. 153 of this code of ordinances or the county’s floodplain management regulations.
(C) Airport influence areas. No structure shall be constructed or located, nor any tree allowed to grow to a height in excess of one foot in height for each 20 feet in horizontal distance beginning at a point 200 feet from the end of each runway and extending to a distance of 5,200 feet from the end of the runway. The above requirement shall apply to an area having a width of 250 feet beginning at a point 200 feet from the end of each runway, widening thereafter uniformly to a width of 1,250 feet at a distance of 5,300 feet beyond the end of the runway, its centerline being the continuation of the centerline of the runway.
(D) Visibility at intersections. On a corner lot in any residential district, the following criteria must be followed:
(1) Measuring from corner 25 feet in both directions along the curb a triangle is formed.
(2) The following restrictions will apply:
(a) Maximum height of any new object(s) in the triangle section shall be 12 inches from top of curb;
(b) Any corner with a fire hydrant shall comply with the current Fire Code;
(c) No new trees shall be planted in a triangle;
(d) All existing trees shall be trimmed up to eight feet and shall not be replaced; and
(e) All existing hedges, bushes, shrubs and other objects shall have a maximum height of 30 inches from top of curb and shall not be replaced.
(E) Structure to have access. Every principal building erected or placed on a lot shall have access to a public street or any approved private street other than an alley, and all structures shall be so located on lots as to provide required off-street parking and safe and convenient access for fire protection.
(F) Exceptions to height regulations. The height limitations contained in the district regulations do not apply to spires, belfries, cupolas, antennas, water tanks, ventilators, chimneys or other appurtenances not intended for human occupancy and usually required to be placed above the roof level.
(Prior Code, § 17.52.010) (Ord. 390, passed - -1993; Ord. 432, passed - -2007)
§ 156.007 SCHEDULE OF FEES.
(A) Fees and collection. The City Council shall establish a schedule of fees and charges and a collection procedure for building permits, zoning permits, conditional use permits, variances and appeals.
(B) Payment required. Until all applicable fees and charges have been paid in full, no action may be taken on any application or appeal.
(C) Fee summary.
Conditional use permit | $25 |
Variance (Board of Adjustment) | $40 |
Zoning amendment | $50 |
Zoning permit fee for fences, roofs, concrete, bay windows, egress windows, decks and anything that is not a new structure | $50 |
Zoning permit fee new construction, additions, garages, carports, storage sheds | $100 |
(Prior Code, § 17.68.010) (Ord. 390, passed - -1993; Ord. 441, passed - -2012; Ord. 445, passed - -2016)