If questions arise concerning the appropriate classification of a particular use, or if the specific use is not listed, the city council shall determine the appropriate classification for that use. In interpreting use classification, the city council shall determine:

   A.   That the use and its operation are compatible with the uses permitted in the district wherein the use is proposed to be located.

   B.   That the use is similar to one or more uses permitted in the district wherein it is proposed to be located.

   C.   That the use will not cause substantial injury to values of property in the neighborhood or district wherein it is proposed to be located.

   D.   That neither the intent of this title nor the intent of the district will be abrogated by such classification. (Ord. 203, 12-9-1983)

Except as hereafter provided:

   A.   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 herein specified for the district in which it is located.

   B.   No building or other structure shall hereafter be erected or altered: 1) to exceed the height or bulk; 2) to accommodate or house a greater number of families; 3) to occupy a greater percentage of lot area; 4) to have narrower or smaller rear yards, front yards, side yards, or other open spaces.

   C.   No part of any yard, or other open space, or off street parking or loading space required about or in connection with any building for the purpose of complying with this title, shall be included as part of a yard, open space, or off street parking or loading space similarly required for any other building.

   D.   No yard or lot existing at the time of adoption of this title shall be reduced in dimension or area below the minimum requirements set forth herein. Yards or lots created after the effective date hereof shall meet at least the minimum requirements established by this title.

   E.   All territory which may hereafter be annexed to the city or the city's extraterritorial limits shall be considered to be in a similar or nearest classification district or designated by any county zoning ordinance. However, the city council shall determine the appropriate zoning for any/all areas to be annexed to the city's extraterritorial limits and can request a recommendation from the zoning and planning board and shall take into consideration the area master plan. Necessary public hearings shall be held. (Ord. 203, 12-9-1983; amd. 2000 Code)

It is the intent of this section to allow structures within various zoning districts, excluding agricultural zoning districts, to be used as conditional uses for the sale or distribution of marijuana as allowed by Montana law.

Structures shall not be located closer than the distance allowed under Title 16, Chapter 12, MCA from any private or public school, or any church or public place of religious worship, or any park owned or operated by the City, within the municipal boundary or extraterritorial zoning boundary. (Ord. 392-2022, 5-10-2022)