CHAPTER 1: TITLE; PURPOSE; DEFINITIONS

CHAPTER 2: ADMINISTRATION AND ENFORCEMENT

CHAPTER 3: ZONING DISTRICTS; MAP

CHAPTER 4: DISTRICT USES AND REQUIREMENTS

CHAPTER 5: GENERAL ZONING REGULATIONS

CHAPTER 6: OFF STREET PARKING AND LOADING

CHAPTER 7: PLANNED UNIT DEVELOPMENT

CHAPTER 8: ZONING DISTRICT DESCRIPTIONS

CHAPTER 1

TITLE; PURPOSE; DEFINITIONS

This title shall be known and cited as the CUT BANK ZONING ORDINANCE hereinafter referred to as "this title". (Ord. 16.00)

11-1-2: AUTHORITY:

Authorization for this title is contained in Montana Code Annotated sections 76-2-301 through 76-2-328, inclusive. (Ord. 16.00)

11-1-3: GENERAL PURPOSE:

A. Purpose: The purpose of this title is to:

1. Lessen congestion in the streets.
2. Secure safety from fire, panic, and other dangers.
3. Promote health, safety, morals, and the general welfare.
4. Provide adequate light and air.
5. Prevent overcrowding of land.
6. Avoid undue concentration of population.
7. Facilitate the adequate provision of transportation, water, sewerage, schools, parks, and other public requirements in accordance with a comprehensive plan.
8. Regulate and restrict the erection, construction, reconstruction, alteration, repair and use of buildings, structures and land.
9. Regulate and restrict the height, number of stories, and size of buildings and other structures, the percentage of lots that may be occupied, the size of yards, courts and other open spaces, the density of population, and the location and use of buildings, structures, and land for trade, industry, residence, or other purpose.

B. Consideration: The regulations are made with reasonable consideration, among other things, to the character of the zoning 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. (Ord. 16.00)

11-1-4: JURISDICTIONAL AREA:

The jurisdictional area of this title shall include all of the land lying within the corporate limits the city, and such additional areas as may from time to time be brought into the city. (Ord. 16.00)

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11-1-5: INTERPRETATIONS:

Any interpretations, clarifications, or judgments by the board of adjustment, city-county planning board, city council or court not affecting the intent or purpose of this title, but affecting the daily administration of the this title, shall be included in the appendix of this title. (Ord. 16.00; amd. 2006 Code)

11-1-6: DEFINITIONS:

Except where specifically defined in this section, all words and phrases used in this title shall carry the customary meanings. Words used in the present tense include the future, and plural includes the singular. The word "shall" is intended to be mandatory and not directory. The words "used" or "occupied" shall include within their meaning "intended, arranged, or designed to be used or occupied". The word "person" shall include a corporation, partnership, or other legal entity. For the purpose of this title, certain terms and words are defined, and wherever used in this title, the following definitions shall govern:

ACCESSORY BUILDING AND USE: A subordinate building or portion of the main building, the use of which is incidental to that of the main building or to the main use of the premises. An "accessory use" is one which is incidental to the main use of the premises.

APARTMENT: A room or suite of rooms located in a one-, two-, or multiple-family structure, which shall include bath and kitchen accommodations, intended or designed for use as an independent residence by an individual or single family.

BOARDING HOUSE: A building other than a hotel where, for compensation and by prearrangement for definite periods, meals, or lodging and meals, are provided for three (3) or more persons, but not exceeding ten (10) persons.

BUILDING: A structure designed or intended for support, enclosure, and/or shelter of persons, animals, or property, having a roof supported by a wall or walls; when separated by a party wall without openings, it shall be deemed a separate building.

BUILDING, HEIGHT OF: The vertical distance measured from the surface of the ground upon which the building is constructed to the highest point of the roof surface in a flat roof, to the deck line of a mansard roof and to the mean height level between eaves and ridge of gable, hip and gambrel roofs. For buildings set back from the street line, the height of the building shall be measured from average elevation of the finished grade along the front of the building.

CHILD DAYCARE FACILITY: A lot and appropriate buildings used for the care of children of preschool age, the activities of which are conducted between the hours of seven o'clock (7:00) A.M. to six o'clock (6:00) P.M.

DWELLING: A building or portion thereof designed or used exclusively for residential occupancy, including one-family, two-family and multiple-family dwelling units, but not including hotels, motels, boarding or lodging houses.

DWELLING, MULTIPLE: A building or portion thereof designed for or occupied as the home of three (3) or more families living independently of each other, including tenement houses, apartment houses and apartment hotels.

DWELLING, ONE-FAMILY: A detached building designed for or occupied exclusively by one family.

DWELLING, TWO-FAMILY: A detached building designed for, or occupied exclusively by, two (2) families living independently of each other.

DWELLING UNIT: A building or portion thereof providing complete housekeeping facilities for one family, but not including a transient lodging.

FAMILY: One or more persons occupying a dwelling unit as members of a single housekeeping organization. A "family" may include not more than five (5) persons not related by blood, marriage or adoption.

FEED LOT: A tract of land whereon there is contained an operation of feeding or raising animals in excess of ten (10) head per acre.

GARAGE, PRIVATE: An accessory building or portion of the main building on the same lot and used for the storage only of private passenger vehicles, not more than two (2) of which are owned by other than the occupants of the main building.

HOME OCCUPATION: A profession or service activity customarily and historically conducted within a dwelling unit by its occupants only, which activity is clearly incidental to the use of the dwelling for dwelling purposes and does not change the character or appearance thereof.

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

JUNKYARD: Land or buildings where waste, discarded or salvaged materials are brought, sold, stored, exchanged, cleaned, packed, disassembled or handled, including, but not limited to, scrap metal, rags, paper, hides, rubber products, glass products, lumber products and products resulting from the wrecking of automobiles or other vehicles.

LODGING HOUSE: A building or place where lodging or lodging and boarding is provided (or equipped to provide lodging regularly) by prearrangement for definite periods of time, for compensation, for three (3) or more persons in contradistinction to a hotel open to transients.

LOT: A single parcel of land intended for use or occupied by one main building and accessory buildings which may or may not be a plotted lot shown on a filed subdivision plat, townsite plat or other plat.

LOT, CORNER: A lot located at the intersection of two (2) streets, two (2) avenues, or one street and one avenue.

LOT, INTERIOR: A lot other than a corner lot.

LOT LINE, FRONT: The boundary of the narrowest end of the lot facing either on a street or avenue.

LOT LINE, REAR: The lot line which is opposite the front lot line.

LOT LINE, SIDE: Any lot line other than the front lot line or the rear lot line.

MANUFACTURED HOME: A single-family dwelling, built off site in a factory on or after January 1, 1990, that is placed on a permanent foundation, is at least one thousand (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 at the time of its production. A "manufactured home" does not include a "mobile home" as defined in this section.

MOBILE HOME: A detached residential dwelling unit designed for transportation on streets or highways on its own wheels or upon a flatbed or other trailer, and arriving at site where it is to be occupied as a dwelling complete and ready for occupancy, except for minor and incidental unpacking and assembly operations, located on jacks or other temporary or permanent foundations, connected to utilities and the like. This definition includes a "double-wide" mobile home.

MOBILE HOME PARK: Any plot of ground upon which two (2) or more mobile homes occupied for dwelling or sleeping purposes are located, regardless of whether a charge is made for such accommodation.

NEIGHBORHOOD CONVENIENCE BUSINESS: A shopping facility which will provide convenience goods and secure its principal trade by supplying the daily needs of the population residing within approximately one-half (1/2) mile from the business.

NEIGHBORHOOD CONVENIENCE SERVICE: A service facility which will provide convenience services and secure its principal trade by supplying the daily needs of the population residing within approximately one-half (1/2) mile from the business.

NONCONFORMING USE: A use which was lawfully established and maintained but which, because of the adoption of this title, no longer conforms to the use regulation of the zoning district in which it is located.

NURSERY: A building or part of a building where six (6) or more children, not members of the same family, are cared for.

NURSING HOME: A building or part of a building where six (6) or more sick or infirm persons are cared for.

PROFESSIONAL OFFICE: A building or part thereof housing persons whose work requires a degree from an institution of higher learning or a license to practice.

SCREENED: Concealed or cut off from visual access.

SETBACK: The distance which a building or structure is required to be set back from a particular boundary or lot line. The distance will be measured from the nearest portion of the structure or building to the particular boundary or lot line from which the building or structure is to be set back. For example, where the eaves of the building project out beyond the wall of the building, the distance will be measured from the eaves of the building.

SIDE WALL, HEIGHT OF: The vertical distance measured from the floor of the building to the top of said side wall where the roof of the building joins it.

SIGN: Any outdoor advertising having a permanent location on the ground, or attached to or painted on a building including bulletin boards, billboards, and poster boards, or any device designed to inform or attract attention.

STRUCTURAL ALTERATION: Any change in the supporting members of a building such as bearing walls, columns, beams, or girders, or any substantial changes in the roof and exterior walls.

STRUCTURE: Anything constructed or erected, the use of which requires more or less permanent location on the ground or attachment to something having a permanent location on the ground. When a structure is divided into separate parts by an unpierced wall, each part shall be deemed a separate structure.

TRANSIENT LODGINGS: A building containing rooms designed for and rented out for sleeping purposes for transients, and where only general kitchen and living room may be provided within the building or in an accessory building.

TRAVEL TRAILER: A vehicular, portable structure built on a chassis, designed to be used as a temporary dwelling for travel and recreational purposes, having a body width not exceeding nine feet (9') while in transit. (Ord. 16.00; amd. Ord. 384, 11-5-1990; 2006 Code)

CHAPTER 2

ADMINISTRATION AND ENFORCEMENT

1. Primarily, the building inspector or city superintendent administers and enforces this title, and receives applications for building permits, for conditional use permits and for variances. Applications for permits, together with fees, plans, and specifications, are filed with the building inspector or city superintendent for review to determine whether they conform with this title.
2. The building inspector or city superintendent also inspects building sites for conformance with the zoning regulations, receives and investigates complaints involving possible zoning violations, and answers questions concerning this title.
3. The building inspector or city superintendent may order building construction to be stopped whenever such building construction is being conducted in violation of any provision of this title. (Ord. 16.00; amd. Ord. 2.32)

1. No future change in land use shall be made and no building or other structure shall be constructed, altered, added to, torn down, razed or moved until a building permit has been issued covering the proposed work. (Ord. 16.00)
2. Applications for building permits are available from the city clerk-treasurer's office. If the land use, building, or other structure is clearly in conformance with this title, the building permit may be approved by the city council and issued by the building inspector or city superintendent; if not in conformance, the applicant may apply for a variance. (Ord. 16.00; amd. Ord. 2.32)
3. Any building permit issued in violation of the provisions of this title is null and void.

B. Applications For Permits And Variances: Applications for building permits, variances, and conditional use permits are available from the city clerk-treasurer's office.

C. Fees:

1. Before a building permit can be issued, a fee therefor shall be paid by the applicant.
2. An application for a conditional use permit or for a variance shall be accompanied by the required fee.
3. The amount of such fees shall be set by resolution of the city council. (Ord. 16.00)

A. Authority To Grant Permits: The board of adjustment shall have the authority to grant, in particular cases and subject to appropriate conditions and safeguards, conditional use permits as authorized by this title.

B. Application For Permit; Hearing:

1. The application for a conditional use permit shall accompany the application for a zoning permit. (Ord. 16.00)
2. The application shall be made to the building inspector or city superintendent who shall transmit the application to the board of adjustment for review and recommendations. Thereafter, the board of adjustment shall conduct public hearings and may grant or deny the conditional use requested. (Ord. 16.00; amd. Ord. 2.32)

C. Issuance Criteria: The standards and criteria governing the issuance of conditional use permits are as follows:

1. That the use will not endanger the public health or safety if located where proposed and developed, and that the use will not allow conditions which will tend to generate nuisance conditions such as noise, dust, glare, or vibration.
2. That the use meets all required conditions and specifications set forth in the zoning district where it proposes to be located.
3. That the use will not be injurious or detrimental to adjoining or abutting property, or that the use is a public necessity.
4. That the location and character of the use, if developed according to the plan as submitted and approved, will be in harmony with the area in which it is to be located and in general conformity with the comprehensive plan.
5. In addition, the board of adjustment may impose specific conditions precedent to establishing the use and said conditions may include:
   a. Increasing requirements in the standards, criteria, or policies established by this title.
   b. Stipulate the exact location as a means of minimizing hazards to life, health, property damage, erosion, landslides or traffic.
   c. Impose conditions necessary to establish parity with uses permitted in the same zone in their freedom from nuisance generating features in matters of noise, odors, air pollution, wastes, vibration, traffic or physical hazards.
6. All conditions required by the board of adjustment shall be entered in the minutes of the meeting at which the permit is granted and also on the certificate of the conditional use permit.
7. To ensure the establishment of the above conditions, the board of adjustment shall have the authority to require and approve a specific plan, to increase the requirements set forth in this title, but in no case shall the board of adjustment have the authority to decrease the requirements of this title for any use in the zoning district it proposes to locate. Any such decrease in the requirements of this title shall only be granted upon the issuance of a variance.

D. Denials: If the board of adjustment shall deny the conditional use permit, the reasons for denial shall be entered in the minutes of the meeting at which the permit is denied. In the event of failure to comply with the plans approved by the board of adjustment, or with any conditions imposed upon the conditional use permit, the permit shall thereupon immediately become void and of no effect. (Ord. 16.00)

11-2-5: VARIANCES:

A. Authority: The board of adjustment shall have the authority to grant a variance from the requirements of this title, after considering the matter at a public hearing duly called, giving notice to adjoining property owners as provided herein.

B. Conditions For Granting Variances:

1. Before any variance can be granted, the board of adjustment shall make findings of fact setting forth and showing that the following circumstances exist:
   a. In considering all proposed variances to this title, the board of adjustment shall, before making any findings in a specified case, first determine that the proposed variance will not amount to a rezone and constitute a change in the zoning district boundaries shown on the official zoning map.
   b. That special conditions and circumstances exist which are peculiar to the land such as size, shape, topography or location, not applicable to other lands in the same zoning district and that literal interpretation of the provisions of this title would deprive the property owners of rights commonly enjoyed by other properties similarly situated in the same zoning district under the terms of this title.
   c. That the special conditions and circumstances do not result from the actions of the applicant.
   d. That granting the variance requested will not confer a special privilege to subject property that is denied other lands in the same zoning district.
   e. That the granting of the variance will not be materially detrimental to the public welfare or injurious to the property or improvements in the vicinity and zoning district in which subject property is situated.
   f. The board of adjustment shall further make a finding that the reasons set forth in the application justify the granting of the variance, and that the variance is the minimum variance that will make possible the reasonable use of the land.
   g. The board of adjustment shall further make a finding that the granting of the variance will be in harmony with the general purpose and intent of this title and will not be injurious to the neighborhood, or otherwise detrimental to the public welfare.
   h. The fact that property may be utilized more profitably will not be an element of consideration before the board of adjustment.
2. In granting any variance, the board of adjustment may prescribe appropriate conditions and safeguards that will ensure that the purpose and intent of this title shall not be violated. Violation of such conditions and safeguards, when made part of the terms under which the variance is granted, shall be deemed a violation of this title.
3. Under no circumstances shall the board of adjustment grant a variance to permit a use not generally or by conditional use permitted in the zoning district involved, or any use expressly or by implication prohibited, by the terms of this title in said zoning district. (Ord. 16.00)

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11-2-6: AMENDMENTS:

A. City-County Planning Board Hearing; Decisions: Proposed amendments to the text of this title or the official zoning map shall be heard by the city-county planning board, and the decision concerning the proposed amendments shall be made and reported to the city council within thirty five (35) days of the time the proposed amendment was presented to the city-county planning board. (Ord. 16.00)

B. Amendments Initiated By Council; Application Fee: Proposed amendments may be initiated by the city council, the city-county planning board, the building inspector, the city superintendent, or by any interested person making application, together with a twenty five dollar ($25.00) fee to the city-county planning board. Application forms for proposed amendments are available from the city clerk-treasurer's office. (Ord. 16.00; amd. Ord. 2.32)

C. Compliance With Statute: The city council shall observe the procedure for amending this title or official zoning map as prescribed in Montana Code Annotated section 76-2-305, and any amendments thereof. (Ord. 16.00)

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11-2-7: SEVERABILITY:

Where any word, phrase, clause, sentence, paragraph, or section, or other part of this title is held invalid by a court of valid jurisdiction, such judgment shall not affect the validity of the remaining provisions of this title. (Ord. 16.00)

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11-2-8: PENALTY:

The penalty for violation of this title shall be as provided in section 1-4-1 of this code. (Ord. 16.00; amd. 2006 Code)

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CHAPTER 3

ZONING DISTRICTS; MAP

The city is hereby divided into zoning districts of such number, shape, and area as has been deemed best suited to carry out the purposes of this title and the areas of lands included within each of such zoning districts is as set out in chapter 8 of this title. The zoning districts and a statement of their intent are as follows:

A. Residential I (RI): The intent of this zoning district is to accommodate and protect the uses of single-family dwelling units and to preserve and promote the stable residential use and character of the area.

B. Residential II (RII): The intent of this zoning district is to accommodate and protect the uses of single- and multi-family dwelling units and to preserve and promote the fairly stable, primarily residential use and character of the area, yet permit compatible public and semipublic uses.

C. Residential III (RIII): The intent of this zoning district is to accommodate and protect the uses of single- and multi-family dwelling units and to preserve and promote the primarily residential use and character of the area, yet permit compatible public and semipublic uses and mobile home parks in designated areas. (Ord. 16.00)

D. Residential IV (R IV): The intent of this zoning district is to accommodate and protect the use of single- and multi-family dwelling units and to preserve and promote the primarily residential use and character of the area, yet to permit compatible public and semipublic uses; the construction and use of both manufactured homes and mobile homes as single-family dwellings; and, mobile home parks in designated areas. (Ord. 16.00; amd. 2006 Code)

E. Residential V (R V): The intent of this zoning district is the same as that of residential IV, and in addition, to allow light commercial uses under certain circumstances.

F. Commercial (C): The intent of this zoning district is to establish a district primarily for conducting retail trade, administrative and professional offices, and services to the general public.

G. Industrial (I): The intent of this zoning district is to establish a district primarily for the manufacturing, processing, fabrication, and assembling of products or materials, and for warehousing, storage and transportation facilities.

H. Agricultural/Open Space (AO): The intent of this zoning district is to protect valuable undeveloped land and prevent unplanned indiscriminate use of essentially undeveloped land until such time as the character and highest use of the land in this district has been determined. (Ord. 16.00)

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A. Zoning Map: Zoning districts as established in this title are shown on an official zoning map entitled the "Cut Bank Zoning Map". An updated and current copy of this map, together with a certificate with the signature of the mayor, certification of the city clerk-treasurer and the adoption date of this title, will be on display in the city hall, and said map by this reference is incorporated herein as a part of this title. This map and all properly authorized modifications, certified by the city clerk-treasurer, are hereby made a part of this title.

B. Zoning Map Copies:

1. Copies of the zoning map may be obtained from the city clerk-treasurer at a cost to be determined by the city council from time to time.
2. Copies of the zoning map shall not be official for any purpose unless certified by the city clerk-treasurer and if so certified, shall be official only as of the date of certification.

C. Zoning Map Boundary Interpretations: Where uncertainty exists with regard to the boundaries of any of the zoning districts, the following rules shall apply:

1. Boundaries shall be interpreted as following the nearest logical line to that shown; where shown as approximately following platted lot lines, boundaries shall be construed as following such lot(s); where shown as following approximately city limits, railroad tracks, street center or right of way lines, stream or water centerlines or shorelines, boundaries shall be construed to follow such lines.
2. Boundaries indicated as extensions of or parallel with such lines as stated in subsection C1 of this section shall be so construed, and where distances are not shown on the map, they shall be determined by the scale of the map.
3. Boundaries shown as following section, quarter, or sixteenth lines shall be construed to follow lines.
4. Where boundaries seem in conflict with physical or cultural features on the ground, the zoning board of adjustment shall interpret such boundaries. (Ord. 16.00)

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CHAPTER 4

DISTRICT USES AND REQUIREMENTS

ARTICLE A: RESIDENTIAL DISTRICTS

11-4A-1: RESIDENTIAL I (RI) DISTRICT:
11-4A-2: RESIDENTIAL II (RII) DISTRICT:
11-4A-3: RESIDENTIAL III (RIII) DISTRICT:
11-4A-4: RESIDENTIAL IV (R IV) DISTRICT:
11-4A-5: RESIDENTIAL V (R V) DISTRICT:

ARTICLE B: COMMERCIAL (C) DISTRICT

11-4B-1: PERMITTED USES:
11-4B-2: CONDITIONAL USES:
11-4B-3: MINIMUM LOT AREA:
11-4B-4: DIMENSIONAL REQUIREMENTS:

ARTICLE C: INDUSTRIAL (I) DISTRICT

11-4C-1: COMPLIANCE WITH STATE LAW:
11-4C-2: PERMITTED USES:
11-4C-3: CONDITIONAL USES:
11-4C-4: MINIMUM LOT AREA:
11-4C-5: DIMENSIONAL REQUIREMENTS:

ARTICLE D: AGRICULTURAL/OPEN SPACE (AO) DISTRICT

11-4D-1: PERMITTED USES:
11-4D-2: CONDITIONAL USES:
11-4D-3: MINIMUM LOT AREA:
11-4D-4: DIMENSIONAL REQUIREMENTS:

ARTICLE A: RESIDENTIAL DISTRICTS

11-4A-1: RESIDENTIAL I (RI) DISTRICT:

A. Permitted Uses:

Kennels.

Parks and playgrounds.

Single-family dwellings.

Accessory uses appurtenant to residential use. (Ord. 16.00; amd. 2006 Code)

B. Conditional Uses:

Churches and church schools.

Home occupations; provided, that not more than twenty five percent (25%) of the dwelling is used for such purposes.

C. Minimum Lot Area: The minimum lot area per dwelling shall be eight thousand four hundred (8,400) square feet. This limitation shall not apply to lots or other tracts of land included in plats which were approved by the city council prior to the effective date hereof.

D. Dimensional Requirements:

1. Buildings shall have a minimum setback of twenty five feet (25') from road and street right of way lines, and four feet (4') from interior side and rear lot lines, except as hereafter provided for garages. The minimum building setback for exterior side lot lines is twelve feet (12') for all buildings.
2. Dwellings shall have a maximum height of thirty feet (30'), and accessory buildings a maximum height of fourteen feet (14'), and side walls not to exceed a maximum height of ten feet (10').
3. Minimum lot width shall be sixty feet (60').
4. Minimum main floor area of dwellings shall be one thousand (1,000) square feet.
5. No detached garage or other accessory building shall be located nearer than seventy feet (70') to the front property line. Any garage shall be set back at least four feet (4') from the interior side line and ten feet (10') from the rear lot line or alley line; except where a garage is constructed with its side wall parallel to the alley line and the wall containing the car entry is perpendicular to the rear lot line or alley line, the garage may be set back not less than four feet (4') from the rear lot line or alley line. (Ord. 16.00)

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11-4A-2: RESIDENTIAL II (RII) DISTRICT:

A. Permitted Uses:

Churches and church schools.

Clubs not conducted as businesses or operated for profit and where beer or liquor is not sold within said clubs.

Hospitals and clinics.

Kennels.

Manufactured homes used as single-family residences on permanent foundations. (Mobile homes are prohibited.)

Multiple-family dwellings.

Parks and playgrounds.

Public schools.

Single-family dwellings.

Accessory uses appurtenant to residential uses. (Ord. 16.00; amd. Ord. 393-A, 6-16-1997; 2006 Code)

B. Conditional Uses:

Child daycare facilities.

Home occupations; provided, that not more than twenty five percent (25%) of the dwelling is used for such purposes.

Neighborhood convenience and service businesses.

Planned unit housing developments.

C. Minimum Lot Area: The minimum lot area in this zoning district is seven thousand (7,000) square feet per single-family dwelling and for other permitted uses. This limitation shall not apply to lots or other tracts of land which are included in plats which were approved by the city council prior to the effective date hereof.

D. Dimensional Requirements:

1. Buildings shall have a minimum setback of twenty feet (20') from the front lot line and four feet (4') from interior side and rear lot lines, except as hereafter provided for garages. The minimum building setback for exterior side lot lines is twelve feet (12') for all buildings.
2. Dwellings shall have a maximum height of thirty five feet (35'), and accessory buildings a maximum height of fourteen feet (14'), and side walls not to exceed a maximum height of ten feet (10').
3. Minimum lot width shall be fifty feet (50').
4. Minimum main floor area for all dwellings shall be seven hundred (700) square feet.
5. No detached garage or other accessory building shall be located nearer than seventy feet (70') to the front property line. Any garage shall be set back at least four feet (4') from the interior side line and ten feet (10') from the rear lot line or alley line; except where a garage is constructed with its side wall parallel to the alley line and the wall containing the car entry is perpendicular to the rear lot line or alley line, the garage may be set back not less than four feet (4') from the rear lot line or alley line. (Ord. 16.00)

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11-4A-3: RESIDENTIAL III (RIII) DISTRICT:

A. Permitted Uses:

Churches and church schools.

Clubs not conducted as businesses or operated for profit and where beer or liquor is not sold within said clubs.

Hospitals and clinics.

Kennels.

Manufactured homes used as single-family residences on permanent foundations. (Mobile homes are prohibited.)

Mobile home parks in designated areas.

Multiple-family dwellings.

Parks and playgrounds.

Public schools.

Single-family dwellings.

Accessory uses appurtenant to residential uses. (Ord. 16.00; amd. Ord. 393-A, 6-16-1997; 2006 Code)

B. Conditional Uses:

Child daycare facilities.

Home occupations; provided, that not more than twenty five percent (25%) of the dwelling is used for such purposes.

Neighborhood convenience and service businesses.

Nursing homes and rest homes.

Planned unit housing developments.

Professional offices.

C. Minimum Lot Area: The minimum lot area in this zoning district is seven thousand (7,000) square feet per single-family dwelling and for other permitted uses. This limitation shall not apply to lots or other tracts of land included in plats which were approved by the city council prior to the effective date hereof.

D. Dimensional Requirements:

1. Buildings shall have a minimum setback of twenty feet (20') from the front lot line and four feet (4') from the interior side and rear lot lines, except as hereinafter provided for garages. The minimum building setback for exterior side lot lines is twelve feet (12') for all buildings.
2. Dwellings shall have a maximum height of thirty five feet (35'), and accessory buildings a maximum height of fourteen feet (14'), and side walls not to exceed a maximum height of ten feet (10').
3. Minimum lot width shall be fifty feet (50').
4. Minimum main floor area for all dwellings shall be seven hundred (700) square feet.
5. No detached garage or other accessory building shall be located nearer than seventy feet (70') to the front property line. Any garage shall be set back at least four feet (4') from the interior side line and ten feet (10') from the rear lot line or alley line; except where a garage is constructed with its side wall parallel to the alley line and the wall containing the car entry is perpendicular to the rear lot line or alley line, the garage may be set back not less than four feet (4') from the rear lot line or alley line. (Ord. 16.00)

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11-4A-4: RESIDENTIAL IV (R IV) DISTRICT:

A. Permitted Uses:

Churches and church schools.

Clubs not operated as businesses or operated for profit and where beer or liquor is not sold within said clubs.

Hospitals and clinics.

Kennels.

Manufactured homes used as single-family dwellings on a permanent foundation.

Mobile home parks in designated areas.

Mobile homes used as single-family dwellings. Foundation blocking material shall be in sufficient quantity and quality of wood, metal or masonry to stabilize the home in a level, liveable condition. Skirting shall be of wood, metal or masonry, or any suitable combination thereof. Skirting shall be either factory prefinished or shall have the capability of being finished on the exterior side. Suitable finishes shall be of paint, enamel, plastic, fiberglass, or as approved by the building inspector or city superintendent. Galvanized finished materials shall not be acceptable unless enamel coated. Skirting shall be completed within sixty (60) days of the mobile home installation.

Parks and playgrounds.

Public schools.

Single-family dwellings.

Accessory uses appurtenant to residential uses. (Ord. 393-A, 6-16-1997; amd. Ord. 2.32; 2006 Code)

B. Conditional Uses:

Child daycare facilities.

Home occupations; provided, that not more than twenty five percent (25%) of the dwelling is used for such purposes.

Neighborhood convenience and service businesses.

Nursing homes and rest homes.

Planned unit housing developments.

Professional offices.

C. Minimum Lot Area: The minimum lot area in this zoning district is five thousand (5,000) square feet per single-family dwelling and for other permitted uses. This limitation shall not apply to lots or other tracts of land included in plats which were approved by the city council prior to the effective date hereof.

D. Dimensional Requirements:

1. Buildings shall have a minimum setback of twenty feet (20') from the front lot line and four feet (4') from the interior side and rear lot lines, except as hereinafter provided for garages. The minimum building setback for exterior side lot lines is twelve feet (12') for all buildings.
2. Dwellings shall have a maximum height of thirty five feet (35'), and accessory buildings a maximum height of fourteen feet (14'), and side walls not to exceed a maximum height of ten feet (10').
3. Minimum lot width shall be an average of forty feet (40') (front dimension plus the rear dimension divided by 2).
4. Minimum main floor area for all dwellings shall be five hundred (500) square feet.
5. No detached garage or other accessory building shall be located nearer than fifty feet (50') to the front property line. Any garage shall be set back at least four feet (4') from the interior side line and ten feet (10') from the rear lot line or alley line; except where a garage is constructed with its side wall parallel to the alley line and the wall containing the car entry is perpendicular to the rear lot line or alley line, the garage may be set back not less than four feet (4') from the rear lot line or alley line. (Ord. 16.00)

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11-4A-5: RESIDENTIAL V (R V) DISTRICT:

A. Permitted Uses:

Churches and church schools.

Clubs not operated as businesses or operated for profit and where beer or liquor is not sold within said clubs.

Hospitals and clinics.

Kennels.

Manufactured homes used as single-family dwellings on individual lots.

Mobile home parks in designated areas.

Mobile homes as single-family dwellings on individual lots.

Multiple-family dwellings.

Parks and playgrounds.

Public schools.

Single-family dwellings.

Accessory uses appurtenant to residential uses. (Ord. 16.00; amd. 2006 Code)

B. Conditional Uses:

Child daycare facilities.

Home occupations; provided, that not more than twenty five percent (25%) of the dwelling is used for such purposes.

Light commercial uses with the approval of the city-county planning board and the city council.

Neighborhood convenience and service businesses.

Nursing homes and rest homes.

Planned unit housing developments.

Professional offices.

C. Minimum Lot Area: The minimum lot area in this zoning district is forty three thousand five hundred sixty (43,560) square feet per single-family dwelling and for other permitted uses. This limitation shall not apply to lots or other tracts of land included in plats which were approved by the city council prior to the effective date hereof. (Ord. 16.00)

D. Dimensional Requirements:

1. Buildings shall have a minimum setback of twenty feet (20') from the front lot line and four feet (4') from the interior sides and rear lot lines, except as hereinafter provided for garages. The minimum building setback for exterior side lot lines is twelve feet (12') for all buildings.
   The minimum setback on lots bordering on section and quarter section lines shall be fifty feet (50').
2. Dwellings and outbuildings shall have a maximum height of thirty five feet (35').
3. Minimum main floor area for all dwellings shall be seven hundred (700) square feet. (Ord. 16.00; amd. 2006 Code)

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ARTICLE B: COMMERCIAL (C) DISTRICT

11-4B-1: PERMITTED USES:

Kennels.

Retail and wholesale trade including building materials, hardware, general merchandise, food, automobile accessories, apparel and accessories, furniture, home furnishings, eating establishments, and miscellaneous retail stores (drug, sporting goods, etc).

Service activities including finance, insurance, real estate, transient loading, personal services, automobile repair, professional services, etc. (Ord. 16.00; amd. 2006 Code)

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11-4B-2: CONDITIONAL USES:

Bars, taverns, or other businesses that require liquor or beer licenses.

Farm equipment sales, automobile dealers, and mobile home sales.

Multi-family residential dwellings.

Uses which, in the opinion of the board of adjustment, are similar to permitted commercial uses. (Ord. 16.00)

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11-4B-3: MINIMUM LOT AREA:

A. No minimum lot area for commercial use is specified other than to provide adequate space for uses in conformance with the commercial activity and for adequate parking.

B. Buildings used primarily as multi-family dwellings in this zoning district shall have the same minimum lot requirements as multi-family dwellings in the residential III (RIII) zoning district. (Ord. 16.00)

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11-4B-4: DIMENSIONAL REQUIREMENTS:

A. Buildings shall have a maximum height of thirty five feet (35').

B. Minimum lot width shall be twenty five feet (25').

C. Minimum main floor area for all dwellings shall be seven hundred (700) square feet.

D. The dimensional requirements for buildings in the central business district (CBD) may be varied by the board of adjustment on an individual case basis depending on the existing conditions and the desires of the city for CBD development. (Ord. 16.00)

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ARTICLE C: INDUSTRIAL (I) DISTRICT

11-4C-1: COMPLIANCE WITH STATE LAW:

No use shall be allowed which violates any of the laws of the state of Montana. (Ord. 16.00)

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11-4C-2: PERMITTED USES:

Any manufacturing, storage or transportation use is permitted that conforms to this title and other applicable regulations.

Kennels.

Accessory uses which are an integral part of the primary use of the property. (Ord. 16.00; amd. 2006 Code)

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11-4C-3: CONDITIONAL USES:

Dwellings to be used exclusively by the owner, caretaker, or other managerial personnel required by or incidental to the operation of the industrial enterprise.

Junkyards or auto wrecking yards.

Uses which, in the opinion of the board of adjustment, are similar to permitted industrial uses. (Ord. 16.00)

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11-4C-4: MINIMUM LOT AREA:

A. It is the intent to provide adequate space for uses in conformance with the industrial activity, for parking, for truck trailer maneuvering, and for storage, and to provide an adequate buffer area between industrial and residential zones.

B. No minimum lot area is specified other than to meet the dimensional and parking and loading requirement. (Ord. 16.00)

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11-4C-5: DIMENSIONAL REQUIREMENTS:

A. Buildings shall have a minimum setback of ten feet (10') from both the northerly and southerly boundaries of East and West Railway Streets.

B. Buildings shall have a maximum height of thirty five feet (35'). (Ord. 16.00)

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ARTICLE D: AGRICULTURAL/OPEN SPACE (AO) DISTRICT

11-4D-1: PERMITTED USES:

Agricultural pursuits except intensive agricultural uses, such as feed lots, that may be compatible with nearby land uses.

Churches and church schools.

Clubs not operated as businesses or operated for profit and where beer or liquor is not sold within said clubs.

Hospitals and clinics.

Kennels.

Manufactured homes and mobile homes used as single-family residences when placed on permanent foundations of masonry, concrete or treated wood in conformance with uniform building standard no. 29-3. (Travel trailers are prohibited.)

Mobile home parks in designated areas.

Parks and playgrounds.

Public schools.

Single-family dwellings.

Accessory uses appurtenant to residential uses. (Ord. 393-A, 6-16-1997; amd. 2006 Code)

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11-4D-2: CONDITIONAL USES:

Airports and landing strips.

Cemeteries, crematories, and mausoleums.

Commercial buildings for raising, breeding and boarding dogs or other animals.

Quarries, sand, and gravel pits.

Recreational facilities such as campground or golf course.

Sanitary landfill disposal sites.

Water and sewage treatment facilities. (Ord. 16.00)

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11-4D-3: MINIMUM LOT AREA:

The minimum lot area in this zoning district shall be five (5) acres. (Ord. 16.00)

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11-4D-4: DIMENSIONAL REQUIREMENTS:

A. Buildings shall have a minimum setback of thirty feet (30') from road and street right of way lines and adjacent property lines.

B. Buildings shall have a maximum height of thirty five feet (35'). (Ord. 16.00)

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CHAPTER 5

GENERAL ZONING REGULATIONS

1. No such nonconforming use shall be enlarged, increased, or extended to occupy a greater area of land than was occupied by such use at the effective date hereof.
2. 2. No such nonconforming use shall be moved in whole or in part to any other portion of the lot or parcel being occupied by such use at the effective date hereof.
3. If any nonconforming use ceases for a period of more than one hundred eighty (180) days, any subsequent use of the land shall conform to district regulations for the district in which it is located.

B. Structures: If a lawful use of a structure, or of structures and premises, exists at the effective date hereof that would not be allowed in the district under the terms of this title, the lawful use may be continued so long as it remains otherwise lawful, provided that:

1. No existing structure devoted to a nonconforming use shall be enlarged or extended, unless the use is changed to a permitted use.
2. Any nonconforming use may be extended to any other part of a building designed for such use, but no such use may be extended in any way to occupy land outside the building.
3. Whenever a nonconforming use of a structure or premises ceases for six (6) consecutive months or for eighteen (18) months during any three (3) year period, the structure or premises shall not thereafter be used except in conformance with the regulations of the zoning district in which it is located.
4. Except as provided in subsection 11-5-2B of this chapter, where nonconforming use status applies to both structures and land, the removal or destruction of the structure shall eliminate the nonconforming status of the land.
5. Should any nonconforming structure be destroyed by any means, in extent of more than fifty percent (50%) of its assessed value at the time of destruction, the building shall not be reconstructed except in conformity with the provisions of this title. (Ord. 16.00)

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11-5-5: SIGNS AND LIGHTING:

A. Structural Safety; Anchoring: All signs shall be structurally safe and shall be securely anchored or otherwise fastened, suspended, or supported so that they will not endanger public health, safety, or welfare.

B. Illumination Restriction: No sign, outdoor advertising, or lighting device constituting a nuisance to nearby land uses because of illumination shall be erected and maintained.

C. Permission Required: No sign or notice shall be erected on any property without permission of the owner, occupant, lessee of the property, or the responsible governing body. (Ord. 16.00)

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11-5-6: FENCES AND SCREENING:

A. Authority: Authorization for this section is contained in Montana Code Annotated section 76-2-301 et seq. (also known as "Municipal Zoning").

B. General Purpose:

1. The purpose of this section is to secure a more uniform standard concerning fences, retaining walls, and any other perimeter structures and to regulate and restrict the erection, construction, reconstruction, alteration and repair and use of any such fences, retaining walls, and other perimeter structures.
2. Furthermore, this section shall declare any such fence, retaining wall or perimeter structure which exceeds the standards set forth herein as a public nuisance and as a violation of public safety concerning use of the city streets and sidewalks.

C. Jurisdictional Area: The jurisdictional area of this section shall include all of the land lying within the corporate limits of the city, and such additional areas as may from time to time be brought into the city.

D. Requirements And Restrictions:

1. Sight obstructing fences, hedges or retaining walls of a maximum height of six feet (6') may be placed bordering upon or adjacent to the interior side property line from a setback distance of twenty feet (20') from the front property line to a point on the interior side line which intersects with a linear extension of the rear wall of the dwelling located on said lot. The maximum height of such fences, hedges, or retaining walls within the setback distance shall be four feet (4'). The street curbline elevation shall be used as the point for determining the height of any fence, hedge, retaining wall, structure, or any combination thereof. Any such fences, retaining walls, or hedges may be placed along the portion of the lot adjacent to a street or avenue upon or adjacent to a line which is parallel to and set back the minimum distance of thirteen feet (13') from the curbline or street or three feet (3') off of the street right of way.
2. Nonsight obstructing fences, hedges, retaining walls, structures or any combination thereof shall have a maximum height restriction of six feet (6') when using the curbline for a reference and set back the minimum distance of thirteen feet (13') from the curbline or street or three feet (3') off of the street right of way, excepting only fences which may be placed on the property line or only ten feet (10') from the curbline. Once constructed, repaired, altered or modified in any manner to meet the requirements of a nonsight obstructing fence, hedge, retaining wall, structure or combination thereof, any addition of sight obstructing wind screen material shall require the property owner to comply with the requirements and restrictions of a sight obstructing fence, hedge, retaining wall, structure or combination thereof as hereinabove set forth in subsection D1 of this section.
3. Corner lots shall have a maximum height restriction for sight obstructing fences, hedges, retaining walls, structures or combination thereof of four feet (4'), and five feet (5') for any such nonsight obstructing fence, retaining wall, hedge, structure or combination thereof. All such shall be set back the minimum distance of thirteen feet (13') from the curbline or street or three feet (3') off of the street right of way.
4. Sight obstructing fences, retaining walls, hedges, structures or any combination thereof which are a maximum of three feet (3') high, and nonsight obstructing fences, hedges, retaining walls, structures or any combination thereof which are a maximum of four feet six inches (4'6") high, where nails and posts constitute not more than one-third (1/3) of the fence area placed along the portion of the lot adjacent to a street or avenue, may be placed upon or adjacent to a line which is parallel to the street or avenue boundary line bordering upon such lot, or such fences, hedges, retaining walls, structures or combination thereof may be placed bordering upon or adjacent to a line which is parallel to and set back a minimum distance of five feet (5') from the curbline of the street or avenue bordering upon such lot where this placement will not violate an already established fencing pattern in the block in which such lot is located. (Ord. 16.01, 8-11-1998)
5. Finally, for purposes of enforcing this section prospectively, it shall be required of the lot owners to apply for and get a building permit from the city building inspector, the city superintendent or designated person when installing any new fence, retaining wall, hedge, structure or any combination thereof. This shall include those instances when the lot owner is removing any old fence, hedge, retaining wall, structure or combination thereof with the intent to build new thereafter. Mere repair of any fence, hedge, retaining wall, structure or combination thereof which does not alter the dimensions as such presently exist or materially change said fence, retaining wall, hedge, structure or any combination thereof as to being sight or nonsight obstructing shall not require a building permit. (Ord. 16.01, 8-11-1998; amd. Ord. 2.32)

E. Violations: Any violation of this section shall be a violation of this title, and may be punished as provided in section 11-2-8 of this title. (Ord. 16.01, 8-11-1998)

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11-5-7: ANIMALS:

No animals other than domestic house pets shall be kept in any residential or commercial zoning district [6-3A-14E; also, 6-3B] , except as otherwise allowed in this code. (Ord. 16.00; amd. 2006 Code)

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CHAPTER 6

OFF STREET PARKING AND LOADING

This chapter is intended to reduce the need for parking on roads and streets and the traffic congestion and hazards caused thereby, and to provide off street parking adequate to each type of development, in terms of both amount and location. (Ord. 16.00)

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A. Parking Area Use Limited: Accessory off street parking required for the uses specified herein shall be for use only by vehicles of employees, customers and residents of the activity served.

B. Parking On Same Lot As Building Served: Off street parking requirements shall be met on the same lot as the building served, unless adequate off street parking is provided elsewhere.

C. Parking Space Dimensions: An off street parking space shall be at least nine feet in width and at least twenty feet in length (9' x 20'), exclusive of access drives, landscaping, or ramps. Such spaces shall have a vertical clearance of at least eight feet (8'). (Ord. 16.00)

D. Location In Yard: Off street parking spaces may not be located in any required yard. (Ord. 16.00; amd. 2006 Code)

E. Lighting Restriction: No lighting used to illuminate a parking area shall be constructed so that its light shall shine directly into a window of any adjoining dwelling.

F. Drainage: All off street parking areas shall be designed, constructed and maintained to provide adequate drainage to ensure a solid, mud free surface and to prevent any nuisance caused by dust. (Ord. 16.00)

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The following number of off street parking spaces is required in the applicable districts: