The town is divided into land use districts or zones with the intent of providing for a geographic distribution of land uses. The distribution may be for the separation of incompatible land uses to prevent conflict, or for the clustering of similar types of land uses to encourage pedestrian activity. By planning ahead for the type and intensity of land use, the town is in an excellent position to plan for investments in utilities, transportation systems and other public facilities.

(Res. No. 168, § 16.30.010, 3-26-2001; Ord. of 1-8-2007(1); Ord. No. 154, § 4, 1-8-2015)

The official zoning map is available in the office of the town clerk. This map shall bear a certificate of authenticity. Any changes to the official zoning map shall bear the initials of the mayor, the effective date of the change and number of the ordinance authorizing the change. Boundaries of land use districts shown on the official zoning map are established by the town council. Questions that arise concerning the precise boundaries of land use districts are resolved by the town council on the recommendation of the planning and zoning board.

(Res. No. 168, § 16.30.015, 3-26-2001; Ord. No. 154, § 4, 1-8-2015)

Interpretations of the appropriate classification of a specific use, or if the specific use is not listed in the land use charts, the town council, on advice of the planning and zoning board, shall determine the appropriate classification for that use. In determining land use classifications, the town council and the planning and zoning board shall consider the following:

(1)

That the use and its operation are compatible with the uses permitted in the applicable land use district.

(2)

That the use is similar to the typical uses permitted in the applicable land use district.

(3)

That the use will not cause substantial injury to values of property in the applicable neighborhood or land use district.

(4)

That neither the intent of this chapter nor the intent of the applicable land use district will be abrogated by such classification.

(Res. No. 168, § 16.30.016, 3-26-2001; Ord. No. 154, § 4, 1-8-2015)

The R-1 residential low density district encompasses all of the single-family residential areas in the town. Residential densities are generally less than five units per acre.

(Res. No. 168, § 16.30.020, 3-26-2001; Ord. No. 154, § 4, 1-8-2015)

The R-2 residential medium density district is the town's multifamily residential area that allows attached housing at densities ranging up to 16 units per acre. Access to multifamily housing is predominantly from arterial streets.

(Res. No. 168, § 16.30.030, 3-26-2001; Ord. No. 154, § 4, 1-8-2015)

The C-1 commercial district is downtown, featuring a diverse mix of pedestrian-oriented land uses. A limited amount of housing may be developed above ground floor retail and service uses.

(Res. No. 168, § 16.30.040, 3-26-2001; Ord. No. 154, § 4, 1-8-2015)

The C-2 limited commercial district is intended to serve as a transitional buffer between residential areas and the more intensely developed downtown area. Small scale commercial and recreation uses that generate little traffic are allowed, together with a wide range of residential uses.

(Res. No. 168, § 16.30.050, 3-26-2001; Ord. No. 154, § 4, 1-8-2015)

The C-3 highway commercial district is intended to accommodate businesses that require highway access and that would be incompatible with the pedestrian environment intended for the downtown area. It occupies primarily a corridor of land that straddles the Eastside Highway, from Middle Burnt Fork Road to the south. The highway commercial corridor is 500 feet wide on each side of the Eastside Highway.

(Res. No. 168, § 16.30.060, 3-26-2001; Ord. of 1-8-2007(1); Ord. No. 154, § 4, 1-8-2015)

The LI light industrial district provides land for a wide range of activities, including manufacturing, services, trade and transportation and utilities. Since the light industrial area is in close proximity to residential areas, the types of industrial uses are limited to those with minimal adverse off-site impacts.

(Res. No. 168, § 16.30.070, 3-26-2001; Ord. No. 154, § 4, 1-8-2015)

The PLI public lands/institutional district is the site for the town's parks and public institutions such as schools. Other uses allowed in PLI include social service providers and some types of residential uses such as nursing homes and community residential facilities.

(Res. No. 168, § 16.30.070, 3-26-2001; Ord. No. 154, § 4, 1-8-2015)

The zoning provisions of this chapter shall be extended to include all property located within one mile beyond the town's corporate limits pursuant to MCA 76-2-310 and the regulations herein shall be enforced as if the property were situated within the corporate limits in accordance with MCA 76-2-311.

(Res. No. 168, § 16.30.080, 3-26-2001; Ord. No. 154, § 4, 1-8-2015)

(Res. No. 168, § 16.40.010, 3-26-2001; Ord. of 1-8-2007(1); Ord. No. 154, § 4, 1-8-2015)

The following are footnotes to the dimensional requirements chart:

(1)

Rear yard setback must be a minimum of 20 feet from the centerline of a public alley (if any) that abuts the rear yard.

(2)

a.

A 15-foot front yard setback is required for properties with frontage on Church and Buck streets.

b.

When a lot is adjacent to, or faces upon, another zone, the setbacks shall meet the requirements of the adjoining zone and the building shall be screened with either a decorative fence or landscaping. When a lot abuts a street or alley on either the side or the rear, a setback of at least ten feet shall be provided on the street or alley side.

c.

The minimum side yard setback is ten feet; however, the side yard setback shall be not less than one-third of the height of any existing or proposed building.

d.

There is an optional 15-foot green zone along the highway frontage, exclusive of the highway right-of-way. This green zone is intended to be a landscaped buffer, except that paving is permitted for sidewalks and for the vehicular access driveway.

(3)

Lot coverage is determined after public right-of-way and private roads are subtracted from the gross land area.

(4)

Lots shall be approximately rectangular in shape, such that two lines, one equal to the required width and one equal to the required depth, may be placed at right angles to each other entirely within the lot boundaries. In the event of irregular-shaped lots, no street frontage line may be less than 40 feet, and no side property line less than 80 feet. The average of the least and greatest widths may not be less than 80 feet, and the average of the least and greatest sides may not be less than 100 feet.

(5)

Setbacks are measured from the legal property line, as determined by the survey or pin location.

(6)

Lot area does not include public right-of-way and private roads, but does include the area of any other type of easement.

(7)

For properties on corner lots (at the intersection of two public streets), the front yard setback on the primary street (the street from which the site address is derived) shall be a minimum of 25 feet, and the side yard setback along the secondary street frontage shall be a minimum of 20 feet; except that corner lots on Church and Buck Streets, zoned C-1, shall have a minimum sideyard set back of ten feet.

(8)

See section 10.171 for exceptions.

(9)

(Reserved).

(10)

Outside town limits, the minimum lot size is one acre until such time as the land is annexed, or when annexation is approved prior to a final plat approval.

(Res. No. 168, § 16.40.020, 3-26-2001; Ord. of 1-8-2007(1); Ord. No. 154, § 4, 1-8-2015)

Key: P = permitted
P/C = permitted only as conditional use

(Res. No. 168, § 16.50.010, 3-26-2001; Ord. No. 105, § 1, 11-22-2010; Ord. No. 154, § 4, 1-8-2015)

The following are footnotes to the manufacturing chart:

(1)

No outdoor display of signage beyond that permitted within the district.

(2)

No use shall be permitted that causes excessive noise, vibration, smoke, dust or other particulate matter, toxic or noxious matter, humidity, heat or glare which extends beyond the lot boundaries of the specific use. The term "excessive" is defined for these purposes as a degree that could be observed by the building official of the town and determined to be offensive or to a degree deemed by the town or the state to be injurious to the public health, safety, or welfare of the residents of the area.

(3)

These will be low intensity, small scale manufacturing facilities that perform value added activities related to the fiber arts. Products are available for retail sale on the premises.

(4)

These will be low intensity, small scale manufacturing facilities that perform repair and/or value added activities. Products may be available for retail sale on the premises.

(5)

Grain elevators in excess of 47 feet in height require approval of a variance.

(Res. No. 168, § 16.50.015, 3-26-2001; Ord. No. 105, § 1, 11-22-2010; Ord. No. 154, § 4, 1-8-2015)

Key: P = permitted
P/C = permitted only as conditional use

(Res. No. 168, § 16.50.020, 3-26-2001; Ord. No. 154, § 4, 1-8-2015)

The following are footnotes to the recreation chart:

(1)

Public nonprofit facilities.

(2)

Publicly owned or nonprofit quasi-public coliseums, assembly halls, stadiums, gymnasiums, etc.

(3)

Drive-in theaters not permitted.

(4)

Casinos are allowed only on parcels and in buildings that front on and obtain their address from Main Street and the Eastside Highway.

(Res. No. 168, § 16.50.025, 3-26-2001; Ord. of 3-14-2005; Ord. No. 154, § 4, 1-8-2015)

Key: P = permitted
P/C = permitted only as conditional use

(Res. No. 168, § 16.50.030, 3-26-2001; Ord. No. 105, § 1, 11-22-2010; Ord. No. 154, § 4, 1-8-2015)

The following are footnotes to the residential chart:

(1)

A manufactured home may be installed on any legally created town lot of a size that conforms to the underlying zoning.

(2)

Conform to off-street parking requirements specified in section 10-176, and also provide safe ingress/egress onto a public street.

(3)

Residential use is permitted above any permitted commercial use, except the permitted first floor use that fronts on a street may not be a surface parking lot or part of a parking structure.

(4)

Manufactured home sites must meet the following site development criteria:

a.

All building setbacks, lot coverage, building height and parking requirements of the underlying land use district shall apply.

b.

The apparent entrance or front of the home faces or parallels the street from which the site address is derived.

c.

The manufactured home shall have all towing apparatus, wheels and exposed chassis removed before occupancy is permitted.

d.

The 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.

(5)

Community residential facilities are permitted if licensed by the state.

(6)

As an accessory use only.

(7)

Reserved.

(8)

Consult the zoning administrator.

(9)

Minimum dwelling size is 1,000 square feet of habitable space.

(10)

Minimum dwelling unit size is 800 square feet of habitable space, except one bedroom units may be a minimum of 600 square feet of habitable space.

(11)

In the event an existing non-conforming residence is destroyed greater than 75 percent, the owner of record may reconstruct a similar residence on the existing lot, but it must meet the setback and density requirements of R-1 and R-2 residential areas.

(12)

Accessory caretaker dwelling unit is limited to one per principal use with a maximum dwelling size of 800 square feet.

(Res. No. 168, § 16.50.035, 3-26-2001; Ord. of 1-8-2007(1); Ord. No. 105, § 1, 11-22-2010; Ord. No. 154, § 4, 1-8-2015)

Key: P = permitted
P/C = permitted only as conditional use

(Res. No. 168, § 16.50.040, 3-26-2001; Ord. No. 154, § 4, 1-8-2015)

The following are footnotes to the services chart:

(1)

Outside storage allowed if accessory to a permitted use and if screened from the street and surrounding properties by a solid fence six feet high, or dense, evergreen landscape plantings.

(2)

Barber shops and beauty shops only, with a maximum of two operators.

(3)

Repair services for clothes, small appliances, watches, glasses and other such items.

(4)

Must be licensed by the state.

(5)

Storage containers are limited to LI district.

(6)

Correctional institution buildings must be located at least 100 feet from the boundary of any other zoning district.

(7)

Private physician offices and ambulances in the immediate vicinity of a public medical facility.

(8)

Private schools only.

(9)

Equipment for rent that is stored on the premises is not to exceed three tons (6,000 pounds). Any outside storage lot for rental equipment must be screened from the view of pedestrians on Main Street. Screening will be appropriate to the context of the particular site, as determined by the building official.

(10)

Trailer/auto rebuilding is not permitted unless completely enclosed in a building.

(Res. No. 168, § 16.50.045, 3-26-2001; Ord. No. 154, § 4, 1-8-2015)

Key: P = permitted
P/C = permitted only as conditional use

(Res. No. 168, § 16.50.050, 3-26-2001; Ord. No. 105, § 1, 11-22-2010; Ord. No. 154, § 4, 1-8-2015)

The following are footnotes to the transportation and utilities chart:

(1)

No off-street parking in front of buildings on Main Street.

(2)

Landscaping or fencing required as screening must be at least six feet in height.

(3)

Lot must be paved and have paved access to a public street or alley.

(4)

May include trucking terminal facilities.

(5)

Reserved.

(6)

In cooperation with a school facility.

(7)

Towers in excess of 47 feet in height require approval of a variance.

(8)

As related to airport operations, FAA regulations supersede any and all town zoning requirements.

(Res. No. 168, § 16.50.055, 3-26-2001; Ord. No. 105, § 1, 11-22-2010; Ord. No. 154, § 4, 1-8-2015)

Key: P = permitted
P/C = permitted only as conditional use

(Res. No. 168, § 16.50.060, 3-26-2001; Ord. No. 105, § 1, 11-22-2010; Ord. No. 154, § 4, 1-8-2015)

The following are footnotes to the wholesale and retail chart:

(1)

Home occupations not conforming to section 10-1 must conform to conditions specified by the town council pursuant to section 10-155.

(2)

Wholesale establishments that use samples, but do not warehouse stock on the premises.

(3)

Antique shops only.

(4)

No business will be allowed that requires licensing under the state Alcoholic Beverages Code, MCA 16-1-101.

(5)

Eating establishments as subordinate use only.

(6)

Excluding heavy machinery.

(7)

No drive-through eating or drinking establishments permitted.

(8)

Bars or taverns are not permitted.

(9)

Propane tanks over 500 gallons are not permitted.

(10)

Eating establishment as a principal use on a lot fronting on Eastside Highway requires approval of a conditional use permit. No more than two conditional uses shall be granted within the LI light industrial.

(Res. No. 168, § 16.50.065, 3-26-2001; Ord. of 1-8-2007(1); Ord. No. 105, § 1, 11-22-2010; Ord. No. 154, § 4, 1-8-2015)