Words used in the present tense include the future; words in the singular number include the plural; words in the plural include the singular; the word “building” includes the word “structure” and the word “person” includes a corporation or other organization; the term “used” includes the term “arranged” or “intended to be used” or “designed”; and the word “shall” is mandatory and not directory. For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.

   ACCESSORY USE OR BUILDINGS. A use or building that is customarily incidental to and accessory to the principal and ordinary use of a building or premises, located on the same premises with such principal use or building. ACCESSORY BUILDINGS are not inhabitable structures.

   ADULT ORIENTED BUSINESS. A sexually-oriented arcade, bookstore, video store, cabaret, motel, motion picture theater, escort agency or similar business.

   APARTMENT. See MULTIPLE FAMILY DWELLING.

   BOARDING HOUSE. A building, other than a hotel or club, where meals are regularly served for compensation or more than six persons not members of the family there residing.

   COMMUNITY GARAGE. A series of private garages of capacity of not more than one automobile each, located jointly on a common lot, and having no public shop or service in connection therewith.

   CONDOMINIUM. A form of individual ownership with unrestricted right of disposal of one or more units in a multiple unit project, with the land and other parts of the project held in common ownership or use with the owners of the other units, pursuant to MCA Title 70, Ch. 23.

   DWELLING, SINGLE-FAMILY. A detached building designed for, or occupied exclusively, by one family and is distinct from a mobile, manufactured or modular home.

   DWELLING, TWO-FAMILY. A detached or semidetached (via roof, wall or other means) building designed for, or occupied exclusively, by two families living independently of each other.

   DWELLING, MULTIPLE-FAMILY. A building, or portion thereof, designed for, or occupied as a temporary or permanent home of three or more families living independently of each other, including apartment houses, condominiums and townhouses.

   DISTRICT. A section of the city for which the regulations governing the area, height and use of buildings and premises are the same.

   FAMILY. One or more persons, living, sleeping and usually cooking and eating on the premises, as a single housekeeping unit. A FAMILY may or may not be related by blood, marriage or adoption.

   FILLING STATION. A building and appurtenances located on a lot where gasoline or other liquids used in the operation of motor vehicles is retailed and usually delivered directly into such vehicles.

   FRONT YARD. An open space extending across the front of the lot (where the property is addressed) measured from the property line to the closest extension of the structure and occupied only by uncovered steps.

   HEIGHT OF BUILDING. The vertical distance from the ground in front of the building to the highest point of the coping of a flat roof, to the deck line of a mansard roof, to the junction of the wall and the eaves of a building with a gable or a hip roof.

   HOTEL. A building in which lodging is provided, with or without meals, and open to transient guests.

   LOT. A parcel, plot, tract or other land area created by platting, subdivision for sale, rent or lease or other duly recognized means in compliance with state and local requirements.

   LOT, CORNER. A lot having at least two sides that abut for their full length upon streets. Such lots have one front yard abutting a street and one side yard abutting a street, in accordance with the development setback distance pattern that exists on developed lots for two blocks along the street frontages.

   LOT COVERAGE. The area of a lot with pavement, concrete, roof and other surfaces that does not allow water to infiltrate the ground.

   MOBILE HOME. A detached residential dwelling unit, which may consist of two or more sections, fabricated at a factory and designed to be towed on its own chassis to a building site for occupation as a dwelling with or without a permanent foundation. The term includes, but is not limited to, TRAILER HOMES, HOUSE TRAILERS and MANUFACTURED HOMES, whether or not the unit has been constructed after 7-1-1976, in conformance with Federal Manufactured Home Construction and Safety Standards and does not include “park models”.

   MOBILE HOME PARK. Any park or court, site, block, parcel or contiguous tracts of land, designed, maintained or intended for the purpose of supplying the permanent location or accommodation for mobile homes, and upon which mobile homes are parked and shall include all buildings used or intended for use as part of the purpose thereof whether a charge is made for that use of the mobile home park and its facilities or not.

   MODULAR HOME. A single-family dwelling, built off-site at a factory on or after 1-1-1990, that is placed on a permanent foundation without a chassis used as a means of support, is at least 1,000 square feet in size, has a pitched roof and siding and roofing materials that are customarily used on site-built homes, and is in compliance with the applicable prevailing standards of the United States Department of Housing and Urban Development.

   NON-CONFORMING USE. A building or premises that does not conform with the regulations of the district in which it is situated and/or other standards contained in this code.

   PRIVATE GARAGE. A garage with capacity of not more than four motor-driven vehicles and having no public shop or service in connection therewith.

   PUBLIC GARAGE. Any premises used for housing or care of more than four motor-driven vehicles, or where any such vehicles are equipped for operation, repaired or kept for remuneration, hire or sale, including show rooms or exhibition for modern cars.

   REAR YARD. An open, unoccupied space measured from the farthest extension of a building to the rear lot line, for the full width of the lot, and unoccupied, except by accessory buildings.

   RECREATIONAL VEHICLE (RV). A vehicular type unit primarily designed as temporary living quarters for recreational, camping or travel use that either has its own motor power or is mounted on or drawn by another vehicle and has a gross trailer area not exceeding 400 square feet in the set-up mode.

   RECREATIONAL VEHICLE PARK OR COURT (RV PARK OR RV COURT). A tract of land available to and principally used by the public for camping, where persons can park recreational vehicles for camping and sleeping purposes.

   RETAIL. Establishments selling goods directly to the consumer.

   SIDE YARD. An open, unoccupied space on the same lot with a building, measured from the closest extent of a building to the side line of the lot, and extending through from the front yard to the rear yard.

   SPECIAL EXCEPTION. A land use that would not be appropriate generally or without restrictions throughout the zoning district, but which, if controlled as to number, area, location, design, buffering, relation to the neighborhood and/or other factors, would promote the public health, safety, welfare, morals, order, comfort, convenience, appearance prosperity or general welfare.

   STRUCTURAL ALTERATION. Any change in the supporting members of a building, such as bearing walls or partitions, columns, beams or girders; except such alterations as may be required for the safety of the building.

   TOWNHOUSE. An arrangement under which units share a common wall and individuals own their own units and hold separate title to the land beneath the unit.

   VEHICLE TRIP. A movement by one or more person in a motor vehicle that begins or ends at a particular location.

   WIRELESS COMMUNICATION FACILITY. Commercial radio and television antenna, unlicensed wireless service antenna/tower, common carrier wireless exchange structure(s)/antennas/ tower(s). Commonly referred to as CELLULAR COMMUNICATIONS.

   YARD. The open space not occupied by one or more permanent structures located between a building and property line. It is the landowner’s responsibility to identify property lines for yard measurement purposes.

(1992 Code, § 9-1-101)

   (A)   This chapter has been made for the purpose of promoting the health, safety, morals and general welfare of the citizens of Ronan. It has been made in accordance with the Ronan Growth Policy and is designed to: lessen congestion in the streets; secure from fire, panic and other dangers; promote health and general welfare; provide adequate light and air; prevent the overcrowding of land; avoid undue concentration of population; and facilitate the adequate provision of transportation, water, sewerage, schools, parks and other public improvements. Furthermore, these regulations have been made with reasonable consideration to the character of the districts and their peculiar suitability for particular uses and with a view to conserving the value of buildings and encouraging the most appropriate use of land throughout the city.

   (B)   In their interpretation and application, the provisions of this chapter shall be held to be the minimum requirements adopted for the promotion of the public health, safety, welfare and protection of the public. Where conflicts with adopted building codes or other ordinances exist, the more stringent shall prevail.

(1992 Code, § 9-1-102)

   (A)   For the purpose of regulating, classifying and restricting the location and impacts of trades, industries and enterprises, and the location of the 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 the density of population in the city, and regulating and determining the areas of the yards and other open spaces surrounding buildings hereafter erected, and preventing additions to and alterations or remodeling of, existing buildings or structures in such a manner as to avoid the restrictions and limitations in this chapter contained, the city is hereby divided into seven districts termed respectively as follows:

      (1)   “A” Residential;

      (2)   “B” Residential;

      (3)   “C” Residential;

      (4)   Mixed Commercial and Residential;

      (5)   Mixed Commercial and Industrial;

      (6)   Highway Commercial; and

      (7)   Public Recreation.

   (B)   Except as hereinafter provided, no building shall be erected or structurally altered to exceed in height the limit herein established for the district in which such building is located. No lot shall be so reduced or diminished, that the yard or other open spaces, shall be smaller than prescribed by this chapter, nor shall the lot area per family be reduced, except in conformity with the regulations hereby established for the district in which such building is located. No building shall be erected or structurally altered, nor shall any building or premises be used for any purpose other than that permitted in the district in which such building or premises are located.

   (C)   On any property within the city limits, all inhabited buildings must be property connected to the sewer system unless otherwise authorized by City Council. For the purposes of these regulations, each residential unit shall be served by a separate, metered water and sewer hook-up.

(1992 Code, § 9-1-103)

   This is intended for larger lot single-family and two-family dwellings with the potential for parks and home occupations that generate very little vehicle traffic.

   (A)   Height. No building shall exceed 40 feet or three stories.

   (B)   Front yard. There shall be a front yard having a depth of not less than 30 feet; provided, however, that, where 40% or more of the developed lots within 150 feet on both sides of the subject property having an average front yard variation of not more than six feet, no building hereafter erected or altered shall project beyond the average front yard line so established; provided further that, this regulation shall not require a front yard of more than 40 feet in depth.

   (C)   Rear yard. There shall be a rear yard having a depth of not less than 25 feet, except where a garage is located in the rear yard, the rear yard may be reduced to ten feet.

   (D)   Side yard. There shall be a side yard on each side of the building having a width of not less than ten feet.

   (E)   Obstruction to view. 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 shall be maintained at a height of four feet or greater within a distance of 30 feet or less of the property line abutting an intersection, or in such location between such front yard line and the street line as to cause danger to traffic by obscuring the view.

   (F)   Use. No building, structure or premises shall be used, and no building or structure shall be erected, structurally altered or maintained, unless otherwise provided in this chapter, except for one or more of the following uses:

      (1)   Single-family dwellings;

      (2)   Two-family dwellings;

      (3)   Churches and similar places of worship;

      (4)   Libraries;

      (5)   Schools;

      (6)   Public and private parks and playgrounds;

      (7)   Fire station, telephone exchange where no public business office and no repair or storage facilities are maintained, or any necessary public utility building and/or structure; provided that, such building be constructed to resemble the appearance of a residential building;

      (8)   Accessory buildings incidental to the above uses located on the same lot, including one private garage per dwelling;

      (9)   Occupations engaged in by the occupants of a dwelling. Home occupations within this district shall not involve the conduct of a retail business on the premises, and may include the office of a engineer, musician, artist, writer or similar profession when situated in the dwelling or an accessory building not larger than one-half the square footage of the dwelling; provided that, traffic generated by the home occupation shall not exceed four vehicle trips per day and customer parking shall be on the property. Signs identifying the home occupation shall not exceed six square feet in area. No other signs advertising a business, except those pertaining to the lease or sale of a building or premises, shall be permitted in this district; except that, bulletin boards not exceeding 12 square feet in area may be permitted on premises occupied by churches, temples, libraries, schools, colleges and playgrounds;

      (10)   Foster and group homes;

      (11)   Guest and servant quarters;

      (12)   Bed and breakfast establishments of not more than four rooms for rent; and

      (13)   Day care (registered home, up to 12 individuals).

   (G)   Fence regulations. No fence shall exceed eight feet in height where the fence faces an alley, six feet on side yard boundary line and six feet in height on a front yard boundary line; provided further that, no fence shall exceed four feet in height within 30 feet of a curb line of an intersection.

   (H)   Maximum lot coverage area. 35%.

   (I)   Lot area per family. Every dwelling hereafter erected, altered or maintained shall be upon a lot of not less than 7,500 square feet. Two-family dwellings shall have a lot area of not less than 10,000 square feet.

(1992 Code, § 9-1-104)

   This district is intended to provide areas for detached, single- and two-family dwellings and modular homes as well as apartments, condominiums and townhouses. This area is also appropriate for group homes such as retirement communities.

   (A)   Height. No building shall exceed 40 feet or three stories in height.

   (B)   Front yard. There shall be a front yard having a depth of not less than 20 feet; provided, however, that, where 40% or more of the developed lots within 150 feet on both sides of the subject property having an average front yard variation of not more than six feet, no building hereafter erected or altered shall project beyond the average front yard line so established; provided further that, this regulation shall not require a front yard of more than 30 feet in depth.

   (C)   Rear yard. There shall be a rear yard having a depth of not less than 20 feet, except where a garage is located in the rear yard, the rear yard may be reduced to ten feet.

   (D)   Side yard. There shall be a side yard on each side of the building, having a width of not less than five feet.

   (E)   Obstruction to view. 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 shall be maintained at a height of four feet or greater within a distance of 30 feet or less of the property line abutting an intersection, or in such location between such front yard line and the street line as to cause danger to traffic by obscuring the view.

   (F)   Use. No building, structure or premises shall be used, and no building or structure shall be erected, structurally altered or maintained, unless otherwise provided in this chapter, except for one or more of the following uses:

      (1)   Any use permitted in the “A” Residence District according to the stipulations therein (if any);

      (2)   Modular homes;

      (3)   Apartments of up to eight units per building with or without a community garage. All apartment buildings shall provide: all required vehicle parking preferably at the rear of the structures; storm water management in compliance with Montana Department of Environmental Quality Circular 8; internal access road(s) built to city standards, paved bicycle/pedestrian facilities a minimum of six feet wide with suitable subgrade materials and compaction connecting to all adjacent streets; landscaped buffers a minimum of ten feet in width surrounding the exterior boundaries of the property consisting of a minimum of one large canopy tree (minimum 15 feet in height), two small ornamental trees and four shrubs (minimum six inches in height), including irrigation, for each 40 lineal feet. Such landscaping may be clustered to provide a “natural” look; at least 200 square feet of usable open park area per unit developed with benches, picnic facilities, landscaping, playground equipment or similar improvements; and architectural design that includes visual variety among structures in the neighborhood in terms of color, orientation on the site, roofline, design, height and form and that breaks structural planes by including multiple roof lines, bays and similar features;

      (4)   Condominiums subject to the standards listed under division (F)(3) above;

      (5)   Townhouses subject to the standards listed under division (F)(3) above;

      (6)   Hospitals and clinics;

      (7)   Institutions of a philanthropic nature;

      (8)   Undertaking parlors; and

      (9)   Accessory buildings incidental to the above uses located on the same lot including one private garage per dwelling.

   (G)   Fence regulations. No fence shall exceed eight feet in height where the fence faces an alley, six feet on side yard boundary line and six feet in height on a front yard boundary line; provided further that, no fence shall exceed four feet in height within 30 feet of a curb line of an intersection.

   (H)   Lot area per family. Every single family dwelling hereafter erected, altered or maintained shall be upon a lot area of not less than 7,500 square feet. Every single-story multiple dwelling building shall be upon a lot area of not less than 4,000 square feet per family unit and every multiple story multi-dwelling building shall be upon a lot area of not less than 3,000 square feet per family unit.

   (I)   Maximum lot coverage area. 50%.

(1992 Code, § 9-1-105)

   This district is intended to provide locations for mobile and manufactured homes. This section is intended to compliment Ord. 05-01. Where conflicts occur, the more stringent shall prevail.

   (A)   Front yard. There shall be a front yard having a depth of not less than 20 feet.

   (B)   Rear yard. There shall be a rear yard having a depth of not less than ten feet.

   (C)   Side yard. There shall be a side yard on each side of all buildings having a width of not less than ten feet.

   (D)   Lot area. Each mobile or manufactured home lot shall have a minimum of four square feet of lot area for each one square foot of home and accessory building floor area; however, in no case shall a lot or space be less than 2,000 square feet in area.

   (E)   Lot width. Each mobile or manufactured home lot shall have a minimum width at any point of 30 feet.

   (F)   Number of structures. One mobile or manufactured home may be placed on any lot or space if located within a mobile home park.

   (G)   Tie downs required for mobile homes. Each mobile home must be tied or otherwise secured to the site within ten days of installation.

   (H)   Obstruction to view. 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 shall be maintained at a height of four feet or greater within a distance of 30 feet or less of the property line abutting an intersection, or in such location between such front yard line and the street line as to cause danger to traffic by obscuring the view.

   (I)   General provisions applying to all mobile homes. It shall be unlawful within the city for any persons to park any mobile home upon any street, avenue or highway upon any tract of land owned by any person, occupied or unoccupied, except as provided in this section and in the following divisions.

      (1)   Storage of only one unoccupied mobile home recreational vehicle in an accessory private garage building or in the rear yard is permitted; providing that, no living quarters shall be maintained or any business practiced in said mobile home while such mobile home is so parked and stored.

      (2)   The erection and maintenance of structures accessory to a mobile home, including additional living space, storage, carports and awnings shall be regulated by the Zoning Officer. All such structures shall satisfy all applicable setback, building, health and sanitation code requirements.

      (3)   All mobile home parks are must comply with applicable local and state regulations and laws and be licensed by the State of Montana.

   (J)   Fence regulations. No fence constructed within five feet of the boundary line of each lot shall exceed eight feet in height where the fence faces an alley, six feet on a side yard boundary line and six feet in height on front yard boundary; provided further that, no fence is to exceed four feet in height within five of neighbor’s residence; and, provided further that, no fence shall be more than four feet high within 30 feet of curb line of an intersection.

   (K)   Maximum lot coverage area. 40%.

(1992 Code, § 9-1-106)

   This provides area for a compatible mixture of business and residential land uses.

   (A)   Height. Buildings shall not be more than 50 feet.

   (B)   Front yard. No front yard in this district shall be required for commercial buildings, but for residential buildings, the front yard regulation for the “B” Residential District shall govern.

   (C)   Rear yard. No rear yard in this district shall be required for commercial buildings, but for residential buildings, the rear yard regulations for “B” Residential District shall govern.

   (D)   Side yard. No side yard in this district shall be required for commercial buildings, but, for residential buildings, the side yard regulations for “B” Residential Districts shall govern.

   (E)   Lot area per family. Every building hereafter erected, structurally altered or maintained for residential purposes shall provide a lot area of not less than 7,500 square feet per family.

   (F)   Use. No building, structure or premises shall be used, and no building or structure shall be erected, structurally altered or maintained, unless otherwise provided in this chapter, except for one or more of the uses listed below. No business, trade or industry shall be permitted in this district which is noxious or offensive by reason of the emission of odor, dust, smoke, gas, vibration or noise, or which imposes any extraordinary hazard to life or property:

      (1)   Adult oriented businesses located not less than 500 feet from a church or similar place of worship or a school;

      (2)   Any use permitted in the “B” Residential District along with any specific requirements therein unless otherwise indicated in this section;

      (3)   Apartments, condominiums and townhouses. Apartments or condominiums may or may not be located above retail or business operations. The minimum lot area per family in division (E) above and the design standards located in the “B” Residential District do not apply when located above retail or business operations. The minimum living area per family unit is 750 square feet. When one or more residences is located above a business, one off-street parking space per unit is required;

      (4)   Amusement arcade providing games of skill to patrons at a cost where wholly within the building;

      (5)   Art galleries and studios;

      (6)   Assembly hall;

      (7)   Automobile repair shops, garages and sales;

      (8)   Bakery;

      (9)   Bank;

      (10)   Bar;

      (11)   Barber shop/beauty parlor;

      (12)   Boarding house;

      (13)   Bowling alley;

      (14)   Building supply store;

      (15)   Business or professional office;

      (16)   Car wash;

      (17)   Casino;

      (18)   Coffee shop, café, espresso stand;

      (19)   Computer services;

      (20)   Dry cleaning and dyeing;

      (21)   Electronics service and repair;

      (22)   Florist shop;

      (23)   Feed store;

      (24)   Food products or preparation, except such uses as are involved in handling live animals or fowls to finished products;

      (25)   Furniture store;

      (26)   Gasoline or oil retail supply station, including filling station;

      (27)   Gift store;

      (28)   Grocery store;

      (29)   Governmental, cultural and institutional facilities;

      (30)   Hardware store;

      (31)   Health studio, gym;

      (32)   Hospitals, clinics and related medical goods and services;

      (33)   Hotels, motels and other hospitality and entertainment uses;

      (34)   Ice plant or ice storage for less than five tons;

      (35)   Laundry;

      (36)   Light manufacturing in connection with uses herein permitted; provided that, no more than 25% of the total floor space of the building or structure in this district is not used for manufacturing;

      (37)   Machine shop;

      (38)   Motor vehicle sales;

      (39)   Music and video studio;

      (40)   Public or private garage or parking area;

      (41)   Newspaper publishing, printing and bookbinding;

      (42)   Radio or television broadcasting station;

      (43)   Recreational vehicle park;

      (44)   Retail sales and service;

      (45)   Restaurant;

      (46)   Senior citizen center;

      (47)   Sheet-metal working;

      (48)   Shoe shining or shoe repairing;

      (49)   Signs;

      (50)   Sporting good store;

      (51)   Storage facility;

      (52)   Theater;

      (53)   Upholstery and drapery shops;

      (54)   Veterinarian office, small animal;

      (55)   Wireless communication facility with one or all antennae located on an existing tower or monopole or attached to an existing building or structure, camouflaged and/or hidden to the extent possible, collocated to the extent possible and not greater than 70 feet in height; and

      (56)   Wholesale business.

   (G)   Fence regulations. No fence shall exceed eight feet in height where the fence faces an alley, six feet on side yard boundary line and six feet in height on a front yard boundary line; provided further that, no fence shall exceed four feet in height within 30 feet of a curb line of an intersection.

   (H)   Maximum lot coverage area. 75%.

(1992 Code, § 9-1-107)

   (A)   Note: There is no mixed commercial/industrial area within the city limits as of 6-23-2008. This text is intended to be applied to the mixed commercial and industrial areas shown on the Future Land Use Map of the Ronan Growth Policy as those areas are annexed into the city.

   (B)   This district provides for commercial and industrial uses that generate noise, dust, odor and other impacts and require substantial amounts of space while having a reasonable degree of control that is desirable for the general well being of the community.

      (1)   Height. Buildings shall not be more than 50 feet in height.

      (2)   Front yard. There shall be a front yard having a depth of not less than 30 feet.

      (3)   Rear yard. There shall be a rear yard of at least five feet when abutting an alley, 30 feet when abutting a public street and 30 feet when abutting a residential or mixed commercial/residential district.

      (4)   Visual buffering. When abutting a public street, a residential or a commercial/residential district, within the required setback, there shall be a fenced and landscaped visual screen suitable to buffer the visual impact of the land use. The visual screen shall contain a minimum of two large-canopy trees (minimum 15 feet in height), four small ornamental trees and ten shrubs (minimum six inches in height), including irrigation, for each 40 lineal feet. Such landscaping may be clustered to provide a “natural” look. Fencing shall generally be made of wood, but shall be designed to visually screen the land use and provide for safety where appropriate.

      (5)   Use. Buildings and premises may be used for any purpose whatsoever unless otherwise indicated below; the following industrial operations as hereinafter defined shall be permitted with Zone “D” Mixed Commercial/Industrial of the city’s zoning area:

         (a)   The construction, maintenance and operation of wood product manufacturing plants;

         (b)   The loading and unloading of unprocessed logs by railroad and truck;

         (c)   The storage of unprocessed logs and finished timber products and the movement thereof;

         (d)   The processing of logs into manufactured products;

         (e)   The construction, maintenance and operation of machinery and physical plant for such manufacturing purposes;

         (f)   The construction, maintenance and operation of waste and by-product disposal facilities and processing equipment, including, but not limited to, storage bins, conveyors, de-barkers, cruppers, saws and related equipment together with needed utility installation for use in connection therewith; and

         (g)   Wireless communication facility with one or all antennae located on an existing tower or monopole or attached to an existing building or structure, camouflaged and/or hidden to the extent possible, collocated to the extent possible and not greater than 70 feet in height; and

         (h)   The slaughter and processing of animals.

      (6)   Non-permitted uses.

         (a)   No building or occupancy permit shall be issued for any of the following uses, until and unless, the location of such uses shall have been approved by the Council:

            1.   Wood pulp or paper processing plant;

            2.   Acid manufacture;

            3.   Distillation of bones, coal or wood;

            4.   Explosive manufacture or storage;

            5.   Fat rendering;

            6.   Fertilizer manufacture;

            7.   Garbage, offal or dead animal reduction;

            8.   Petroleum refining;

            9.   Smelting of tin, copper, zinc or iron ores;

            10.   Stock yards; and

            11.   Any residences such as would be permitted under §§ 10-1-4 or 10-1-5.

         (b)   When the Council or Zoning Commission is to consider the above land uses, it shall conduct a public hearing after collecting a required fee, notifying all property owners within 300 feet of the subject property and publishing notice in a newspaper of general circulation for a period of at least 15 days prior to the hearing. At the hearing, the Council will consider the land use’s potential impacts related to noise, smell, air quality, light, public health and safety and other appropriate factors. Where residences are proposed, the Council will consider the compatibility of such use in relation to nearby land uses. The Council may place reasonable conditions on any such use.

      (7)   Maximum lot coverage area. 60%.

(1992 Code, § 9-1-108; Ord. 2023-02, passed 8-9-2023)

   This district provides area for commercial development that residents and visitors use for quick stops, overnight stays and convenience as well as those land uses that require large spaces for vehicle parking.

   (A)   Height. No restriction as to height of buildings.

   (B)   Front yard. The front yard in this district shall be a minimum 20-foot wide landscaped area between the highway right-of-way and pavement with a landscaped buffer intended to soften the visual impact of the land use. The visual screen shall contain a minimum of two large canopy trees (minimum 15 feet in height), two small ornamental trees and ten shrubs (minimum six inches in height), including irrigation, for each 40 lineal feet of frontage. Such landscaping may be clustered to provide a “natural” look. Attractive fencing, boulders, rockwork and other items are strongly encouraged.

   (C)   Rear yard. A 15-foot rear yard shall be required that meets the landscape requirements in division (B) above.

   (D)   Side yard. A 15-foot side yard shall be required that meets the landscape requirements in division (B) above; except that, roads and driveways may penetrate the side yards in order to connect businesses along the highway frontage so to minimize highway use to get from one business to another.

   (E)   Use. No building, structure or premises shall be used, and no building or structure shall be erected, structurally altered or maintained, unless otherwise provided in this chapter, except for one or more of the uses listed below:

      (1)   Automobile repair shops, garages;

      (2)   Bank;

      (3)   Gasoline or oil retail supply station, including filling station;

      (4)   Hotels, motels and other hospitality and entertainment uses;

      (5)   Motor vehicle, recreational vehicle and boat sales;

      (6)   Recreational vehicle park;

      (7)   Restaurant; and

      (8)   Signs.

   (F)   Maximum lot coverage area. 75%.

(1992 Code, § 9-1-109)

   This district provides area for public facilities as well as outdoor and combination outdoor/indoor recreation areas.

   (A)   Height. No restriction as to height of buildings.

   (B)   Front yard. The front yard in this district shall be a minimum 30-foot wide landscaped area containing a minimum of two large canopy trees (minimum 15 feet in height), two small ornamental trees and five shrubs (minimum six inches in height), including irrigation, for each 40 lineal feet of frontage. Such landscaping may be clustered to provide a “natural” look. Attractive fencing, boulders, rockwork and other items are strongly encouraged.

   (C)   Rear yard. A 30-foot rear yard shall be required that meets the landscape requirements in division (B) above.

   (D)   Side yard. A 30-foot side yard shall be required that meets the landscape requirements in division (B) above; except that, roads and driveways may penetrate the side yards in order to connect businesses along the highway frontage so to minimize highway use to get from one business to another.

   (E)   Use. No building, structure or premises shall be used, and no building or structure shall be erected, structurally altered or maintained, unless otherwise provided in this chapter, except for one or more of the uses listed below:

      (1)   Accessory uses and buildings;

      (2)   Arena;

      (3)   Camping;

      (4)   Concert area;

      (5)   Fair;

      (6)   Golf course;

      (7)   Governmental and cultural facilities;

      (8)   Pow-wow ground;

      (9)   Recreational vehicle park;

      (10)   School;

      (11)   Senior citizen center;

      (12)   Signs not to exceed 144 square feet in area, ten feet in height and externally lit;

      (13)   Sports fields;

      (14)   Park, playground;

      (15)   Skate and bicycle park;

      (16)   Skating rink;

      (17)   Swimming pool;

      (18)   Vending; and

      (19)   Youth camps and facilities.

   (F)   Maximum lot coverage area. 50%.

(1992 Code, § 9-1-110)

   (A)   The lawful uses 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 non-conforming use is discontinued for a period of six months, any future use of said premises shall be in conformity with the provisions of this chapter. A landowner may seek to extend this six-month time period where an undue hardship exists through an appeal to the Board of Adjustment.

   (B)   A variance may be granted to allow development on a lot that exists at the time of adoption or revision of this chapter where reasonable development cannot conform to yard setback or lot coverage requirements due to substandard size of the lot.

   (C)   When a district shall hereafter be changed, any then existing non-conforming use in such changed district may be continued.

(1992 Code, § 9-1-111)

   (A)   Ordinary exceptions. This chapter shall not be deemed to limit or restrict the height of belfries, chimneys, church steeples, clock towers, cooling towers, elevators, stacks, water towers or any similar appurtenances to buildings, but these structures shall be subject to such restrictions and regulations as may be imposed by other ordinances.

   (B)   Restricted exceptions. Churches, public or semi-public buildings, hospitals, schools, colleges and private clubs may exceed the height restrictions of the district in which they are constructed; provided, such structures shall have side yards on both sides, complying with the area regulations of the district and, in addition, the side yards shall be increased one foot in width for each five feet that the height of the building exceeds the height regulation of the district.

(1992 Code, § 9-1-112)

   Where churches, schools, hospitals or colleges are located in any “A” or “B” Residential District and have no portion used as a place for habitation, the depth of the rear yard may be reduced to six feet. The front, side and rear yards shall be waived where dwellings are erected above stores, shops or other commercial uses. No lot area shall at any time be so reduced or diminished that the front, rear or side yards shall be smaller than prescribed by this chapter.

(1992 Code, § 9-1-113)

   (A)   Building in district boundaries. The boundaries of districts are shown on the map on display in the office of the City Clerk and of the Zoning Officer. All changes in zoning will be shown on revised map on display in the office of the City Clerk and of the Zoning Officer. Such map is hereby adopted and made a part of this code.

   (B)   Change in district boundaries, regulations and restrictions. Changes in the boundaries of any district or part thereof or changes of regulations or restrictions within any such district may be made by the City Council. The City Council shall use the following procedure when altering or establishing zoning district regulations and/or boundaries.

      (1)   A petition requesting such change shall first be presented to the City Council, duly signed by the owners of 35% or more, either of the area of the lots included within such change or of the lots immediately adjacent in the area thereof, extending 300 feet from the street frontage of such opposite lots. In the case of corner lots, the petitioners shall be owners of property along each street frontage.

      (2)   Such petition shall be referred to the Board of Adjustment which shall make a careful investigation of such proposed change and file a written report thereon within 30 days after the same has been referred. The City Council shall thereupon cause notice to be published twice in a paper of general circulation within the city of the time and place set for the hearing upon such petition and report. The publication of such notice shall be made at least 15 days prior to the time 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 petition by said City Council and such action shall be final and conclusive as to all matters and things involved in said petition.

      (3)   Provided, however, that, if written protest against such change signed by the owners of 25% or more, either of the area of the lots included in such proposed change or, of those within 300 feet of the area proposed for change, such amendment shall not become effective, except by the favorable vote of three-fourths of all the members of the City Council.

      (4)   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.

      (5)   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 divisions (B)(1) through (B)(4) above for making changes in the boundaries; except that, such action may be initiated without the presentation of a petition requesting it.

(1992 Code, § 9-1-114)

   (A)   Enforcement.

      (1)   This chapter shall be enforced by the Zoning Officer, his or her assistants or other duly appointed officer of the city, 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 laws of the State of Montana.

      (2)   A zoning conformance 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 chapter. These certificates shall be applied for and issued at the same time, or before, the Building Inspector grants a building permit for the premises.

      (3)   It shall be unlawful to allow any basement excavations upon which a building is not constructed to be left unfilled, uncovered, if construction of intended building is not started upon said excavation within 60 days of excavation, and worked on continuously until completed. If construction on said excavation is not completed within 180 days of excavation, the City Zoning Officer shall order the excavation to be filled in.

      (4)   No person shall move or demolish a building within the city limits without first obtaining a permit from the Zoning Officer. Where buildings have been removed or demolished, the ground shall be leveled and all debris removed.

   (B)   Penalty for violation. Any person, firm or corporation owning, controlling or managing any building or premises wherein or whereon there shall be placed, or there exists anything in violation to the provisions of this chapter; or any person, firm or corporation who shall assist in the commission of any violation of this chapter, or who shall build contrary to the plans and specifications submitted to, and approved by, the Zoning Officer; or any person, form or corporation who shall omit, neglect or refuse to do any act required in this chapter, shall be deemed guilty of a misdemeanor and, upon conviction thereof, shall be fined not less than $250, nor more than $500, for each offense, or by imprisonment for a period not exceeding 90 days, or by both such fine and imprisonment. Each day that a violation is permitted to exist shall constitute a separate offense.

   (C)   Procedure in the case of non-conformity.

      (1)   If, on any inspection, the use of a premises is found not to conform to the requirements of this chapter, or the conditions of an existing certificate therefore, the Zoning Officer or other duly appointed official shall at once issue written notice to the owner, specifying the manner in which the use of the premises fails to so conform and the owner shall, at once, take steps to make it so conform or file a written notice of appeal specifying the grounds thereof, both with the Zoning Officer and the Board of Adjustment, within 48 hours following receipt of notice of non-conforming use by the Zoning Officer. If necessary for the proper protection of the occupants, he or she shall order the use or premises vacated until its condition is made satisfactory and in conformity with the requirements of this chapter, at which time a certificate will be issued as herein provided for new buildings or for the use of premises.

      (2)   The Board of Adjustment shall fix a reasonable time for the hearing of the appeal, give public notice thereof, as well as issue notice to the parties in interest, and decide the same within 15 days following the date notice of appeal was filed.

   (D)   Interpretation and purpose.

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

      (2)   It is not intended by this chapter 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 chapter 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 chapter shall control.

   (E)   Enforcement and remedies. In case any building or structure is erected, constructed, reconstructed, altered, repaired, converted or maintained, or any building, structure or land is used in violation of this chapter, the City Council, in addition to other remedies, may institute any appropriate action or proceeding to prevent such unlawful erection, construction, reconstruction, alteration, repair, conversion, maintenance or use, to retrain, correct, structure or land or to prevent any illegal act, conduct, business or use in or about such premises.

(1992 Code, § 9-1-115)