Editor's note— Ord. No. 154, § 3, adopted January 8, 2015, repealed § 10-149 in its entirety. Former § 10-149 pertained to accessory dwelling units and was derived from Res. No. 168, § 16.20.010, adopted March 26, 2001.

(a)

No accessory structure or storage shed larger than 120 square feet shall be erected in any required front, rear or side yard setback.

(b)

Small accessory storage sheds, 120 square feet or smaller, are allowed in the rear yard only, but are exempt from rear and side yard setback requirements; provided that they have no plumbing or electricity and that the total height of the structure does not exceed ten feet.

(c)

Each residence shall be permitted no more than one exempt structure.

(d)

In all cases, the total square footage of all structures upon a lot shall not exceed the allowable maximum square footage allowed in the underlying land use district.

(Res. No. 168, § 16.20.020, 3-26-2001; Ord. No. 154, § 3, 1-8-2015)

Structures, other than accessory structures as defined herein, that are erected or moved on to a lot or parcel of land shall have access to a public street; provided that the use of a private access may be specifically approved by the town council. Structures shall be located on lots as to provide safe convenient access for servicing, fire protection and required off street parking.

(Res. No. 168, § 16.20.030, 3-26-2001; Ord. No. 154, § 3, 1-8-2015)

All territory that is annexed to the town shall be assigned a land use/zoning designation similar to the area's designation under any county zoning ordinance or consistent with the proposed land use, as determined by the town council. The town council shall determine the appropriate zoning for any and all areas to be annexed to the town, but shall request a recommendation from the town planning and zoning board and shall take into consideration the area master plan. Zoning of annexed territory becomes effective at the time of such annexation.

(Res. No. 168, § 16.20.040, 3-26-2001; Ord. No. 154, § 3, 1-8-2015)

The regulations set by this chapter shall be minimum regulations and all regulations shall apply uniformly to each class or kind of structure.

(Res. No. 168, § 16.20.050, 3-26-2001; Ord. No. 154, § 3, 1-8-2015)

Bed and breakfasts must comply with health, building code, and licensing requirements of the town, county and the state, and must provide off-street parking at the rate of at least one parking space for each two rooms available for rent.

(Res. No. 168, § 16.20.060, 3-26-2001; Ord. No. 154, § 3, 1-8-2015)

Certain uses are conditional uses, rather than being permitted outright, because they may have significant adverse impacts on the public health, safety and welfare; on the environment; or on the existing or intended character of an area. A public review of the proposed use is needed to identify and evaluate the potential individual or cumulative impacts on the neighborhood. A public review of these proposed uses provides the opportunity for the town council to approve such a use provided that the impacts are minimal and the decision criteria are met; to approve the use with modifications or conditions attached to mitigate the impacts; or to deny the use if the identified impacts cannot be resolved:

(1)

Decision criteria. The town council may approve or approve with modifications or conditions an application for a conditional use permit if the applicant demonstrates to the satisfaction of the town council that:

a.

The proposal is harmonious and appropriate in design, character and appearance with the existing or intended character and quality of development in the immediate vicinity of the subject property and with the physical characteristics of the subject property;

b.

The proposal will be served by adequate public facilities, including streets, fire protection, water, stormwater and sanitary sewer;

c.

The proposal will not be materially detrimental to uses or property in the immediate vicinity of the subject property;

d.

The proposal has merit and value for the community as a whole; and

e.

The proposal complies with all zoning, development and other applicable standards of the town.

(2)

Application procedure. Any property owner may apply for a conditional use permit according to the following procedure:

a.

Applicant submits a preliminary proposal to the zoning administrator who will determine the eligibility of the proposal, will review the decision criteria with the applicant, advise the applicant of the necessary application submittal materials and required public hearing fees.

b.

Upon receiving an application, the zoning administrator will review the application materials and will formulate a staff recommendation for the planning board's consideration.

c.

At a regularly scheduled or specially scheduled meeting, the planning board will review the staff recommendation and will set a public hearing date.

d.

At the direction of the planning board, the town clerk will provide public notice prior to the public hearing in the manner as provided in section 10-121.

e.

Following public notice, the planning board will hold a public hearing and, after reviewing the testimony, will develop a recommendation for approval, approval with modifications or denial of the application for transmittal to the town council.

f.

Upon receipt of the planning board recommendation, the town council will review the recommendation and may approve, approve with modifications or deny the application.

(3)

Expiration.

a.

A conditional use permit automatically expires and is void if the applicant does not file for the appropriate building permits or other necessary development permits within two years of the effective date of permit approval, unless a one-year extension is granted by the town council.

b.

In granting a conditional use permit, the town council shall determine whether the conditional use permit shall be nontransferable and valid only for the applicant to whom it has been granted; transferable to subsequent owners or users subject to review by the town council; or granted in perpetuity.

c.

Any modification or expansion of a conditional use permit shall create the expiration thereof and necessitate applying for and receiving a new conditional use permit under this section.

(Res. No. 168, § 16.20.070, 3-26-2001; Ord. No. 154, § 3, 1-8-2015)

All construction shall be in accordance with the applicable codes, as adopted by the State of Montana and the town.

(Res. No. 168, § 16.20.080, 3-26-2001; Ord. No. 154, § 3, 1-8-2015)

(a)

Curb cuts for commercial uses in commercial land use districts shall be a maximum of 12 feet in width for a one-way ingress/egress driveway, and a maximum of 20 feet in width for a two-way ingress/egress driveway. Each lot in commercial land use districts may be permitted one curb cut per street frontage, except in the C-3 land use district where more than one curb cut may be permitted, provided that they are separated by 100 feet distance or greater. Consolidated access points to serve two or more properties are encouraged and are permitted to be a maximum driveway width of 20 feet.

(b)

Curb cuts in the C-1 land use district on Main Street will be discouraged, and curb cuts are not permitted if alternative access from a public street or alley is available.

(Res. No. 168, § 16.20.090, 3-26-2001; Ord. No. 154, § 3, 1-8-2015)

Curb cuts for residential uses shall be a maximum of 12 feet in width for a single-width driveway, a maximum of 24 feet in width for a double-width driveway and 36 feet for a triple-width driveway. Each residential lot is permitted one curb cut.

(Res. No. 168, § 16.20.100, 3-26-2001; Ord. No. 154, § 3, 1-8-2015)

No building, structure or land shall hereafter be used or occupied and no building, structure or part thereof shall hereafter be erected, constructed, reconstructed, moved or structurally altered unless it is in conformity with all of the regulations specified in this chapter for the land use district in which it is located.

(Res. No. 168, § 16.20.110, 3-26-2001; Ord. No. 154, § 3, 1-8-2015)

All buildings or other structures erected or altered after the adoption date of the ordinance from which this section is derived shall be erected or altered in compliance with all pertinent town regulations, including the dimensional requirements and the provisions of the land use charts.

(Res. No. 168, § 16.20.120, 3-26-2001; Ord. No. 154, § 3, 1-8-2015)

(a)

No lot existing at the time of adoption of the ordinance from which this chapter is derived shall be reduced in dimension or area below the minimum requirements set forth in this chapter. Lots created after the effective date of the ordinance from which this chapter is derived shall meet at least the minimum requirement established by this chapter.

(b)

Lot aggregation and/or reconfiguration requires approval from the town council, and any existing structures shall meet all setback, size and zoning requirements. In the case of lot division, the owner shall provide water and sewer service connections to and wholly within each lot as a condition for approval.

(Res. No. 168, § 16.20.130, 3-26-2001; Ord. No. 154, § 3, 1-8-2015)

All dimensional requirements will be met by the developer on the subject property, except as provided by this Code.

(Res. No. 168, § 16.20.140, 3-26-2001; Ord. No. 154, § 3, 1-8-2015)

Fences, walls and hedges in any land use district may be located on lot lines. Within town limits, no fence, wall or hedge may exceed six feet in height. However, no fence, wall or hedge shall exceed four feet in height in any front setback, as defined in section 10-1. Further, no fence, wall or hedge greater than 30 inches in height may violate site obstruction restrictions at street and alley intersections. Where farm animals are permitted, the owner must construct and maintain a legal fence around the property.

(Res. No. 168, § 16.20.150, 3-26-2001; Ord. No. 154, § 3, 1-8-2015)

Inoperable motor vehicles shall be screened from neighboring property and the public right-of-way by a solid fence or evergreen landscaping.

(Res. No. 168, § 16.20.160, 3-26-2001; Ord. No. 154, § 3, 1-8-2015)

Minor structural elements such as patios, decks, porches, bay windows, greenhouse windows, fireplace chimneys and similar elements of a minor character may intrude into a required setback as follows:

(1)

A minor structural element that is 30 inches or greater above finished grade may intrude into the required setback a distance of no more than 20 percent of the minimum dimension of that setback.

(2)

Any portion of a minor structural element that is less than 30 inches above finished grade may not extend closer than 36 inches of any perimeter lot line.

(Res. No. 168, § 16.20.170, 3-26-2001; Ord. No. 154, § 3, 1-8-2015)

(a)

Screening. Where landscaping is required for screening purposes, the landscaping shall be appropriate to the location and compatible with surrounding properties. It may include berms, shrubs, trees and fencing.

(b)

Parking lot. To provide visual relief and shade in parking areas, the developer must provide at least one deciduous tree or shrub for each six parking spaces. Trees and shrubs shall be planted in landscaping beds with a minimum of four feet in width and protected by curbing.

(c)

At least 50 percent of the required landscaping shall consist of trees.

(Res. No. 168, § 16.20.180, 3-26-2001; Ord. No. 154, § 3, 1-8-2015)

Development shall be permitted on legally created lots only, documentation thereof must be provided to the zoning administrator prior to issuance of building permit.

(Res. No. 168, § 16.20.190, 3-26-2001; Ord. No. 154, § 3, 1-8-2015)

All applicants for new development and substantial remodeling of buildings in the area described in this chapter as historic downtown shall consider the Secretary of Interior standards for rehabilitation and guidelines for rehabilitating historic buildings and the illustrated guidelines for rehabilitating historic buildings. Applicants may also consider using the resources of the Stevensville Main Street Association's design committee during the planning stages of any new development or substantial remodeling of a building.

(Res. No. 168, § 16.20.200, 3-26-2001; Ord. No. 154, § 3, 1-8-2015)

Editor's note— Ord. No. 154, § 3, adopted January 8, 2015, amended § 10-168 to read as set out herein. Previously § 10-168 was titled Main Street USA.

A manufactured home shall have a permanent foundation and anchoring system which meets the current specifications of the International Residential Code and laws and regulations of the state.

(Res. No. 168, § 16.20.210, 3-26-2001; Ord. of 1-8-2007(1); Ord. No. 154, § 3, 1-8-2015)

(a)

All of the following are deleted from the gross square footage of a lot for the purpose of determining minimum lot area:

(1)

Public right-of-way; and

(2)

Private right-of-way recorded as separate tracts.

(b)

The area of an easement, including an access easement, is not subtracted from the gross square footage of a lot.

(Res. No. 168, § 16.20.220, 3-26-2001; Ord. No. 154, § 3, 1-8-2015)

An exception to minimum residential lot sizes in new subdivisions may be granted, allowing up to fifteen percent of the total number of proposed lots to be less than 10,000 square feet; provided that no lot shall be less than 7,500 square feet.

(Res. No. 168, § 16.20.230, 3-26-2001; Ord. No. 154, § 3, 1-8-2015)

Editor's note— Ord. No. 154, § 3, adopted January 8, 2015, amended § 10-171 to read as set out herein. Previously § 10-171 was titled minimum lot size; averaging in plats.

In their interpretation and application, the provisions of this chapter shall be held to be the minimum requirements adopted for the promotion of the health, safety, morals and general welfare of the community. Wherever the requirements of this chapter are at variance with the requirements of any other lawfully adopted rules or regulations, the most restrictive, or that imposing the higher standard, shall govern.

(Res. No. 168, § 16.20.240, 3-26-2001; Ord. No. 154, § 3, 1-8-2015)

(a)

An individual nonconforming lot otherwise complying with the requirements of the town may be used for a building site and may be developed according to the dimensional requirements of the underlying land use district if:

(1)

The lot does not lie in a residential land use district; or

(2)

The lot lies within a residential land use district and the area, width and depth of the lot each meets or exceeds 70 percent of the minimum dimensional requirements.

(b)

Building height on a lot failing to meet the requirements of subsection (a)(2) will be restricted proportionate to the lot's size relative to the dimensional requirements. For example, if the lot size is 80 percent of the required minimum lot size per subsection (a)(2), then the building height will be restricted to 80 percent of the maximum building height allowed in the land use district. No building height restriction of less than 15 feet shall be imposed, regardless of lot size.

(c)

If a person, partnership, corporation or marital community owns a nonconforming residential lot contiguous to additional property, such lots shall not be developed separately and must be combined through boundary line adjustment or lot aggregation so the lots meet the requirements of subsection (a)(2).

(Res. No. 168, § 16.20.250, 3-26-2001; Ord. No. 154, § 3, 1-8-2015)

(a)

Ordinary maintenance and repair of a nonconforming structure is permitted, provided that the value of the repair does not exceed 25 percent of the replacement value of the structure.

(b)

A nonconforming structure may not be enlarged or reconstructed except in conformance to town dimensional requirements and building codes.

(c)

If a nonconforming structure is destroyed to the extent of 75 percent or less of its replacement value, it may be reconstructed consistent with its previous nonconformity. If the structure is destroyed to the extent of greater than 75 percent of its replacement value, any structure built on the site must conform to the town development and building codes.

(Res. No. 168, § 16.20.260, 3-26-2001; Ord. No. 154, § 3, 1-8-2015)

(a)

A nonconforming use may be continued by successive owners or tenants, except where the use has been abandoned for a period exceeding 12 months. Discontinuance of a nonconforming use for a period of 12 months or longer constitutes evidence of abandonment. If abandonment occurs, the subsequent use of the land or structure shall be consistent with the town land use district in which the site is located.

(b)

A nonconforming use may be expanded only with conditional use approval by the town council.

(Res. No. 168, § 16.20.270, 3-26-2001; Ord. No. 154, § 3, 1-8-2015)

(a)

Scope. This section contains standards and design requirements for off-street parking.

(b)

Application. The requirements of this section apply to each new development and substantial redevelopment or remodel.

(c)

Size. The off-street parking space shall be at least ten feet in width and 20 feet in length, except 30-degree angle parking spaces may be nine feet in width. Such spaces shall have a vertical clearance of at least seven feet.

(d)

Arrangement. When more than three off-street parking spaces are required, the parking area shall be arranged according the design that best suits the site and the needs of the business, its customer's options and emergency service providers. Parking shall be arranged to facilitate ingress, egress and on-site turning, backing and travel. In the case of duplex and multifamily dwellings and R-2 multifamily dwellings, off-street parking spaces shall be located at the rear of and on the same lot as the dwelling to be served, except that two spaces may be provided on the driveway to a garage or carport for each of two dwellings. No other parking shall be permitted in front of the dwelling.

(e)

Submittal requirements. A plan for the proposed off-street parking facility shall be submitted along with the application for a building permit for the related building. The plan shall clearly indicate the proposed curb cuts, parking arrangement, lighting, landscaping, construction details, fencing and other features that may be required by the town.

(f)

Construction and drainage. All permanent off-street parking spaces and access areas thereto shall be designed and constructed to ensure proper drainage and constructed of a four-inch pit run gravel base, topped with two inches of cushion gravel, topped with at least two inches of asphalt or other hard surface approved by the town.

(g)

Screening. Any parking area built to serve any commercial or industrial use with 12 or more parking spaces shall be effectively screened from adjacent property using landscaping as defined in section 10-166.

(h)

Shared use/joint use of parking.

(1)

Where the uses to be served by shared parking do not overlap their hours of operation, the property owner or owners shall provide parking stalls equal to the greater of the applicable individual parking requirements.

(2)

Where the uses to be served by shared parking have overlapping hours of operation, the property owner or owners shall provide parking stalls equal to the total of the individual parking requirements. If the parking areas have clear vehicular and/or pedestrian connections, as in a shopping center, the total parking requirement is reduced by ten percent.

(i)

Spaces required, residential.

(j)

Spaces required, commercial.

(k)

Spaces required, industrial/manufacturing. One and one-half spaces per 1,000 net square feet.

(l)

Unspecified uses. The building official shall establish the minimum number of parking spaces required for any use not specified.

(m)

Downtown exemption. For new uses of less than 2,000 net square feet in the C-1 land use district and for new uses of less than 1,000 net square feet in the C-2 land use district, there is no off-street parking requirement.

(n)

Bicycle parking. The town encourages the use of bicycles by requiring safe and convenient places to park bicycles at places of business. The required number of bicycle spaces is generally one bicycle space for 15 automobile parking spaces for commercial uses, although this requirement may be modified by the building official to acknowledge special circumstances that may reduce or increase the anticipated bicycle parking demand.

(o)

ADA requirements. All parking construction shall meet the standards and guidelines of the American for Disabilities Act.

(Res. No. 168, § 16.20.280, 3-26-2001; Ord. of 1-8-2007(1); Ord. No. 154, § 3, 1-8-2015)

(a)

The property owner shall provide an off-street loading space that has access to a public street or alley. The number and size of loading spaces must be equal to the maximum number and size of vehicles that would be simultaneously loaded or unloaded in connection with the business conducted on the property.

(b)

Each loading space must be a minimum of ten feet wide and 55 feet long. If the property owner demonstrates that known delivery vehicles can park and maneuver within the proposed loading and maneuvering space so that subsection (c) is observed, then the building official may reduce the required loading space dimensions.

(c)

No part of a vehicle using the loading space shall project into a public right-of-way, access easement or private road.

(d)

If the property owner demonstrates that the development will have no delivery needs, then the building official may waive the off-street loading requirements.

(Res. No. 168, § 16.20.290, 3-26-2001; Ord. No. 154, § 3, 1-8-2015)

All outdoor lighting for buildings, structures, landscaping, statues, parking lots, sign lighting and other outdoor lighting shall be installed and operated in such a way as to prevent obtrusive spillover glare beyond the site boundaries and into the night sky by incorporating full cut-off shields and using appropriate lamp wattage. Lighting attached to single family housing or garages shall not exceed the eave height.

Lighting that is exempt from this section:

(1)

Exit and egress signage as required by code.

(2)

Holiday lighting (left up for a maximum of 30 days).

(3)

Sports facilities such as football fields, ballparks, etc.

(4)

Temporary emergency lighting needed by the fire, police, ambulance or other emergency services.

(5)

Roadway and utility construction project lighting.

(6)

Lighting of airport beacons, radio, communication and navigation towers.

(7)

Lighting for flags, provided:

a.

The flag conveys a non-commercial message.

b.

The light is shielded to prevent glare.

(8)

Any area regulated by a state or local code to have safety lighting above these standards.

(Res. No. 168, § 16.20.300, 3-26-2001; Ord. No. 154, § 3, 1-8-2015)

All persons accumulating, depositing, or storing material within the town, when the accumulating, depositing, or storing thereof is outside a building, either new stored, deposited or accumulated, shall erect a solid fence six feet high surrounding these materials, sufficient to enclose the materials from public view from outside the enclosure. No storage shall be allowed in a front yard setback area.

(Res. No. 168, § 16.20.310, 3-26-2001; Ord. No. 154, § 3, 1-8-2015)

The property owner shall install internal sidewalks in each new development whose off-street parking requirement is 12 or more parking spaces. An on-site pedestrian walkway is required so as to provide safe pedestrian access to the building from the parking lot and from the adjacent sidewalks. Such walkway must be a minimum of five feet wide, constructed of concrete or asphalt, and be integrated with existing or planned sidewalks.

(Res. No. 168, § 16.20.320, 3-26-2001; Ord. No. 154, § 3, 1-8-2015)

Any private school shall be located in and comply with the requirements of the C-1 or C-3 commercial land use districts, and must comply with the state building codes for commercial buildings, as well as other pertinent state statutes.

(Res. No. 168, § 16.20.330, 3-26-2001; Ord. No. 154, § 3, 1-8-2015)

(a)

The following applies in the PLI zone only: Only identification signs, indirectly illuminated or unilluminated are allowed. The maximum area of any such sign shall be ten square feet.

(b)

The following applies in C-2 only: Signs will be no more than 20 square feet in size, nor more than seven and one-half feet in height.

(Res. No. 168, § 16.20.340, 3-26-2001; Ord. No. 154, § 3, 1-8-2015)

Whenever any building work is being done contrary to the provisions of this chapter, the zoning administrator shall order the work stopped by notice, in writing, served on any person engaged in doing or causing such work to be done, and any such person shall forthwith stop such work until authorized by the zoning administrator to proceed with the work.

(Res. No. 168, § 16.20.350, 3-26-2001; Ord. No. 154, § 3, 1-8-2015)

The minimum dimensional requirements for width of street frontage, lot width or lot depth may not be varied by more than ten percent, except as provided by the planned unit development process.

(Res. No. 168, § 16.20.360, 3-26-2001; Ord. No. 154, § 3, 1-8-2015)

Notwithstanding other provisions of this chapter, nothing shall be erected, placed, planted or allowed to grow in such a manner as to impede vision of motor vehicle operators whose safety and that of pedestrians and other motorists depends on clear lines of sight at intersections. A sight line is considered clear if visibility is not impeded between a height of two and one-half feet and ten feet. The property owner is required to keep clear a line-of-sight triangle whose sides along the property lines are 40 feet in length, as measured from the property boundary.

(1)

For 60-foot street right-of-way.

(2)

For 80-foot street right-of-way, 20 feet in length as measured from the property boundary.

(3)

For 100-foot street right-of-way, none required.

(Res. No. 168, § 16.20.370, 3-26-2001; Ord. of 1-8-2007(1); Ord. No. 154, § 3, 1-8-2015)

All utility extensions will be installed underground. New or replacement aerial lines may be installed only where aerial lines currently exist.

(Res. No. 168, § 16.20.375, 3-26-2001; Ord. No. 154, § 3, 1-8-2015)

(a)

Wherever the town undertakes a project of street widening or major reconstruction, property owners who are specially benefitted by the improvements shall participate in the costs of sidewalk construction. The town may perform such sidewalk construction and may levy and collect special assessments on property specially benefitted to pay the whole or any part of the expense. Such special improvement district or other assessment method will be computed and levied to fairly reflect the special benefits to the property being assessed, in accordance with the laws of the state.

(b)

The town shall participate in the costs of sidewalk construction only to the extent that the costs thereof exceed the special benefits conferred to the properties within the special improvement district or other assessment district formed for the purpose of financing the sidewalk construction.

(c)

As a condition for the issuance of a permit for new commercial construction or substantial remodel (increase floor area by 20 percent or modifications that exceed 50 percent of the replacement value), street frontage improvements including curb, gutter, sidewalks, street surface pavement from the curb face to the centerline and storm drainage facilities shall be installed or upgraded according to the town standards along the entire street frontage of the property at the sole cost of the permittee, prior to the issuance of a certificate of occupancy.

(d)

As a condition of the issuance of a permit for new residential construction or substantial remodel (increase floor area by 20 percent or modifications that exceed 50 percent of the replacement value), street frontage improvements consistent with the existing facilities in the neighborhood shall be installed or upgraded according to town standards along the entire street frontage of the property at the sole cost of the applicant, prior to the issuance of a building permit.

(e)

As a condition of approval of any residential or commercial subdivision of land, street frontage improvements consistent with applicable town standards shall be installed along the entire street frontage of the property at the sole cost of the applicant, prior to final plat approval.

(Res. No. 168, § 16.20.380, 3-26-2001; Ord. No. 154, § 3, 1-8-2015)

(a)

Solar energy and geo-thermal systems are permitted in all land use areas, irrespective of any deed restriction.

(b)

The placement of solar energy equipment may be on any rooftop; provided that front slope facing the street shall not be used unless no other location of the solar energy equipment is feasible.

(c)

Free standing solar energy equipment shall be located in the rear yard of a property and shall not exceed 80 square feet in surface area.

(d)

Roof mounted solar energy systems shall not be more than three feet higher than the finished roof to which it is mounted.

(e)

In no instance shall any part of the solar energy panels extend beyond the edge of the roof.

(f)

Solar energy equipment shall be located so as to not increase the total height of the structure above the maximum allowable height of the structure on which it is located.

(g)

Wind activated energy generating systems are not permitted in any residential and/or commercial zones, but may be approved in industrial zones as a conditional use.

(h)

Design approved and receipt of a building permit is required prior to the installation of any alternate energy system.

(Ord. No. 154, § 3, 1-8-2015)