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Zoning
Regulations |
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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 |
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CHAPTER
1
TITLE; PURPOSE; DEFINITIONS |
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| SECTION: |
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11-1-1: TITLE:
11-1-2:
AUTHORITY:
11-1-3: GENERAL PURPOSE: 11-1-4:
JURISDICTIONAL AREA:
11-1-5: INTERPRETATIONS:
11-1-6:
DEFINITIONS: |
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| 11-1-1: TITLE:
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:
- Lessen congestion
in the streets.
- Secure
safety from fire, panic, and other dangers.
- Promote
health, safety, morals, and the general welfare.
- Provide
adequate light and air.
- Prevent
overcrowding of land.
- Avoid undue
concentration of population.
- Facilitate
the adequate provision of transportation, water, sewerage, schools,
parks, and other public requirements in accordance with a comprehensive
plan.
- Regulate
and restrict the erection, construction, reconstruction, alteration,
repair and use of buildings, structures and land.
- 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)
Top
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) |
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| CHAPTER
2
ADMINISTRATION AND ENFORCEMENT |
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| SECTION: |
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11-2-1: ENFORCEMENT:
11-2-2:
PERMITS
AND FEES:
11-2-3: BOARD
OF ADJUSTMENT:
11-2-4: CONDITIONAL
USES:
11-2-5: VARIANCES:
11-2-6: AMENDMENTS:
11-2-7:
SEVERABILITY:
11-2-8: PENALTY:
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| 11-2-1: ENFORCEMENT:
A. Enforcing Agency: The city
council is the enforcement agency that is to enforce and supervise the
provisions of this title in accordance with Montana law.
B. Officials Or Employees Acting
For Council: The city council may appoint a building inspector or other
employee to act as its agent, or the city superintendent may act in such
capacity, to administer and enforce this title.
C. Duties Of Building Inspector:
- 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.
- 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.
- 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)
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11-2-2: PERMITS
AND FEES:
A. Building Permits:
- 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)
- 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)
- 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:
- Before
a building permit can be issued, a fee therefor shall be paid by the
applicant.
- An
application for a conditional use permit or for a variance shall be
accompanied by the required fee.
- The
amount of such fees shall be set by resolution of the city council.
(Ord. 16.00)
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11-2-3: BOARD
OF ADJUSTMENT:
A. Formation Of Board: The
city council may act as a board of adjustment or may provide for the appointment
of a board of adjustment, as established in the Montana Code Annotated,
as amended.
B. Powers: The board of
adjustment shall hear and decide appeals from any determination made by
the city council or by the building inspector or city superintendent, applications
for conditional uses and for variances, as established in the Montana Code
Annotated, as amended. (Ord. 16.00; amd. Ord. 2.32)
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11-2-4: CONDITIONAL
USES:
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:
- The application
for a conditional use permit shall accompany the application for a zoning
permit. (Ord. 16.00)
- 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:
- 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.
- That the
use meets all required conditions and specifications set forth in the
zoning district where it proposes to be located.
- That the
use will not be injurious or detrimental to adjoining or abutting property,
or that the use is a public necessity.
- 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.
- 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.
- 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.
- 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:
- 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.
- 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.
- 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 |
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| SECTION: |
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11-3-1: DISTRICTS
ESTABLISHED; PURPOSES: 11-3-2:
ZONING MAP; BOUNDARY INTERPRETATIONS:
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| 11-3-1: DISTRICTS
ESTABLISHED; PURPOSES: 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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11-3-2: ZONING
MAP; BOUNDARY INTERPRETATIONS: 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:
- 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.
- 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:
- 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.
- 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.
- Boundaries
shown as following section, quarter, or sixteenth lines shall be construed
to follow lines.
- 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 |
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| SECTION: |
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ARTICLE
A: RESIDENTIAL
DISTRICTS
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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:
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ARTICLE
B: COMMERCIAL
(C) DISTRICT
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11-4B-1:
PERMITTED USES:
11-4B-2:
CONDITIONAL
USES:
11-4B-3: MINIMUM
LOT AREA:
11-4B-4:
DIMENSIONAL REQUIREMENTS:
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ARTICLE
C: INDUSTRIAL
(I) DISTRICT
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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:
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ARTICLE
D: AGRICULTURAL/OPEN
SPACE (AO) DISTRICT
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11-4D-1:
PERMITTED USES:
11-4D-2:
CONDITIONAL
USES:
11-4D-3: MINIMUM
LOT AREA:
11-4D-4:
DIMENSIONAL REQUIREMENTS:
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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:
- 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.
- 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').
- Minimum
lot width shall be sixty feet (60').
- Minimum
main floor area of dwellings shall be one thousand (1,000) square
feet.
- 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)
Top
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:
- 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.
- 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').
- Minimum
lot width shall be fifty feet (50').
- Minimum
main floor area for all dwellings shall be seven hundred (700) square
feet.
- 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)
Top
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:
- 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.
- 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').
- Minimum
lot width shall be fifty feet (50').
- Minimum
main floor area for all dwellings shall be seven hundred (700) square
feet.
- 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:
- 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.
- 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').
- Minimum
lot width shall be an average of forty feet (40') (front dimension
plus the rear dimension divided by 2).
- Minimum
main floor area for all dwellings shall be five hundred (500) square
feet.
- 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)
Top
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:
- 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').
- Dwellings
and outbuildings shall have a maximum height of thirty five feet (35').
- Minimum
main floor area for all dwellings shall be seven hundred (700) square
feet. (Ord. 16.00; amd. 2006 Code)
Top
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)
Top
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)
Top
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)
Top
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)
Top
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)
Top
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)
Top
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)
Top
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)
Top
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)
Top
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)
Top
11-4D-3:
MINIMUM LOT AREA:
The minimum
lot area in this zoning district shall be five (5) acres. (Ord. 16.00)
Top
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)
|
Top |
| |
| |
CHAPTER
5
GENERAL ZONING REGULATIONS |
| |
| SECTION: |
| |
11-5-1: APPLICATION
OF ZONING REGULATIONS:
11-5-2: EXCEPTIONS
APPLICABLE TO MOBILE HOMES:
11-5-3:
VACATIONS:
11-5-4:
NONCONFORMING USES:
11-5-5:
SIGNS AND LIGHTING:
11-5-6:
FENCES AND SCREENING:
11-5-7: ANIMALS: |
| |
| |
| 11-5-1: APPLICATION
OF ZONING REGULATIONS:
The zoning regulations as set
forth in this title shall be minimum regulations and shall apply uniformly
to each class or kind of structure or land, and shall meet the following
conditions:
A. Buildings, Structures And
Land: Subject to the provisions of subsections 11-5-2A and B of this chapter,
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 zoning district in
which it is located.
B. Yards And Lots: No yard
or lot existing at the time of the effective date hereof shall be reduced
in dimension or area below the requirements set forth herein and all yards
or lots created after the effective date hereof shall meet the minimum
requirements of this title. (Ord. 16.00)
Top
11-5-2: EXCEPTIONS
APPLICABLE TO MOBILE HOMES:
Notwithstanding anything in
this title to the contrary, the following exceptions and provisions shall
apply to mobile homes located in zones RI, RII and RIII, and not in mobile
home parks, on the effective date hereof: (Ord. 393-A, 6-16-1997)
A. Repairs, Maintenance And
Alterations: Any of said mobile homes may be repaired, maintained or structurally
altered (but not enlarged or extended) so long as said repairs, maintenance
and alterations are for the purpose of and do improve the existing condition
of the mobile home. Any such repairs, maintenance and alterations shall
be in conformance with this title and all applicable building codes and
permit requirements, whether local, state or federal.
B. Replacing Mobile Home: Subject
to the restrictions contained in subsections 11-5-4A, B1 and B3 of this
chapter, if said mobile home is subsequently removed from the lot or tract
of land on which it was situated on the effective date hereof, it may
be replaced by the person actually owning the lot at the time of such
replacement; provided, however, that said replacement mobile home is in
a better condition than the removed mobile home. (Ord. 16.00)
Top
11-5-3: VACATIONS:
Whenever any street, alley,
or other public way is vacated by official action of the city council,
the zoning district adjoining each side of such street, alley, or public
way shall be extended to the center of such vacation, and all areas included
in the vacation shall then and henceforth be subject to all appropriate
regulations of the extended district. (Ord. 16.00)
Top
11-5-4: NONCONFORMING
USES:
A. Land: A lawful use of land
on the effective date hereof which is made no longer permissible by the
terms of this title may be continued if it remains otherwise lawful, subject
to the following provisions:
- 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.
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.
- 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:
- No
existing structure devoted to a nonconforming use shall be enlarged
or extended, unless the use is changed to a permitted use.
- 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.
- 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.
- 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.
- 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)
Top
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)
Top
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:
- 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.
- 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:
- 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.
- 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.
- 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.
- 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)
- 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)
Top
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) |
Top |
| |
| |
CHAPTER
6
OFF STREET PARKING AND LOADING |
| |
| SECTION: |
| |
11-6-1:
INTENT:
11-6-2:
OFF STREET PARKING DESIGN STANDARDS:
11-6-3:
NUMBER OF SPACES REQUIRED:
11-6-4:
LOADING AREA REQUIREMENTS: |
| |
| |
| 11-6-1:
INTENT: 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)
Top
11-6-2:
OFF STREET PARKING DESIGN STANDARDS:
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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11-6-3:
NUMBER OF SPACES REQUIRED:
The following
number of off street parking spaces is required in the applicable districts:
Banks, business or professional
|
1 parking space for each
400 square feet of gross floor area |
| Bowling alleys |
4 parking spaces for each
alley |
| Churches |
1 parking space for each
60 lineal inches of pew |
| Community centers or recreation
buildings |
1 parking space for each
3 employees, plus 1 space for each 3 seats |
| Dwellings |
1 parking space for each
single-family dwelling unit |
| Furniture and appliance
stores, motor vehicle sales, wholesale stores, repair shops for household
equipment, and radio and television, and machinery sales and repair
establishments |
1 parking space for each
400 square feet of gross floor area, plus 1 parking space for each
5 employees |
| Gas stations |
1 parking space for each
2 employees |
| Hospitals |
1 parking space for each
4 beds, plus 1 space for each staff doctor |
| Libraries, art galleries
or museums |
2 parking spaces for each
1,000 square feet of gross floor area |
| Motor freight companies |
1 parking space for each
4 employees, plus 1 additional space for each of the vehicles used
in the conduct of the business at any time |
| Multiple dwellings |
1 parking space per dwelling
unit |
| Private clubs and lodges |
1 parking space for each
room for rent, 1 space for each 100 square feet of gross floor area,
plus 1 space for each 4 employees |
| Production, manufacture,
cleaning, servicing, testing or repair of materials or commodities,
or warehousing or storage buildings |
1 parking space for each
3 employees |
| Public utility and public
service uses |
1 parking space for each
3 employees, plus 5 spaces for public use |
| Restaurants, bars, cafeterias,
or other eating and drinking places |
1 parking space for each
100 square feet of gross floor area, plus 1 space for each employees |
| Retail sales stores, personal
service establishments, shoe repair, barber and beauty shops, etc. |
1 parking space for each
150 square feet of gross floor area |
Schools |
|
| High school |
1 parking space for each
2 employees, plus 1 space for each 30 students |
| Nursery, elementary or
boarding (except high school) |
1 parking space for each
3 employees, plus 5 additional spaces |
| Theaters and auditoriums |
1 parking space for each
4 seats |
| Transient lodgings |
1 parking space for each
room for rent, plus 1 space for each 5 employees |
| Other uses |
For any other uses not
specifically mentioned or provided for, the board of adjustment shall
determine the standards to be applied for parking |
(Ord. 16.00; amd. 2006 Code)
Top
11-6-4:
LOADING AREA REQUIREMENTS:
A. Loading Space Dimensions;
Drainage: Each off street loading space shall measure not less than thirty
feet by twelve feet (30' x 12') and shall have an unobstructed height
of fourteen feet six inches (14'6"), and shall be made permanently
available for such purposes and 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.
B. Requirements: Required loading
spaces shall be in conformance with the following:
- Department stores, freight
terminals, hospitals, industrial or manufacturing establishments, retail
or wholesale stores or storage warehouses or any similar use which has,
or intends to have ten thousand (10,000) or more square feet of floor
space, shall provide truck loading or unloading berths:
Required
Number Gross Floor Area |
Required
Number Of Berths |
10,000
to 15,999 |
1 |
16,000
to 39,999 |
2 |
40,000
to 65,000 |
3 |
Each
additional 16,000 |
1
additional |
- Auditoriums, convention
or exhibit halls, sports arenas, hotels, office buildings, restaurants
or similar uses which have, or intend to have, forty thousand (40,000)
or more square feet of floor space, shall provide truck loading or unloading
berths:
Square
Feet Of Total Gross Floor Area |
Required
Number Of Berths |
40,000
to 59,999
|
1 |
60,000
to 99,999
|
2 |
100,000
to 160,000 |
3 |
Each
additional 60,000 |
1
additional |
(Ord. 16.00)
|
Top |
| |
| |
CHAPTER
7
PLANNED UNIT DEVELOPMENT |
| |
| SECTION: |
| |
11-7-1:
INTENT:
11-7-2:
APPLICATION OF REGULATIONS:
11-7-3: AMENDMENT
PROCEDURE; HEARING:
11-7-4:
BASIS FOR APPROVAL:
11-7-5:
COUNCIL DETERMINATION: |
| |
| |
| 11-7-1: INTENT:
The
intent of this type of development is to permit design flexibility in
order to create or preserve usable open space for recreation, preserve
the natural characteristics of the land, avoid construction in hazardous
areas, gain efficiency in the layout of public facilities, and encourage
creative design. (Ord. 16.00)
Top
11-7-2: APPLICATION
OF REGULATIONS: Individual
uses and structures in a planned unit development need not comply with
the specific building location, type, lot size, and yard requirements
of the underlying district; provided, that the proposed development complies
with the overall intent and requirements of this title and the comprehensive
plan. (Ord. 16.00)
Top
11-7-3: AMENDMENT
PROCEDURE; HEARING:
A. Proposed Amendment; Fee: An applicant shall
submit a proposed amendment, together with a twenty five dollar ($25.00)
fee, to the city-county planning board to amend the existing zoning in
order to permit a planned unit development. In addition, the following
information shall be submitted.
- A
statement describing the general character of intended development along
with such other pertinent information as may be necessary to a determination
that the contemplated arrangement or use makes it desirable to apply
regulations and requirements differing from those ordinarily applicable.
- A
general development plan of the project showing at least the following
information as may be required by the planning board in a specific situation
in sufficient detail to allow the planning board and the city council
to apply the criteria for approval as hereinafter set forth:
a.
An accurate map of the project area including its relationship to surrounding
properties.
b. Statistical
data on total size of project area, area of open space, density computation
and proposed number of residential units, population analysis, market
analysis, economic analysis, impact upon municipal services and any
other data pertinent to a comprehensive evaluation of the proposed development.
c. The
pattern of public and private roads, driveways and parking facilities,
intended design standards.
d. The
size, arrangement and location of lots or of proposed building groups.
e. The
type, size and location of structures.
f. The
location of sewer and water facilities.
g. Architectural
drawings and sketches illustrating the design and character of proposed
structures.
h. The
location of recreational and open space areas and areas reserved or
dedicated for public uses such as school, park, etc.
i. General
landscape treatment.
j. Existing
topography and storm patterns and proposed storm drainage system showing
basic topographic changes.
B. Referral
To Planning Board: Such proposed amendment shall be referred to the planning
board and processed as any other proposed amendment to a zoning district.
Upon completion of necessary study and investigation, the planning board
shall make its recommendation to the city council as to the appropriateness
and desirability of the proposed zoning district change, the suitability
of the building, site and development plans and additional conditions
which it may feel necessary to appropriate.
C. Public
Hearing: Upon receipt of the planning board's recommendations, 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)
Top
11-7-4: BASIS
FOR APPROVAL:
The city-county planning board, in making its recommendations
and the city council in making their determination, shall give consideration
and satisfy themselves as to the following:
A. General Requirements: That the developers have
demonstrated that they intend to start construction within a reasonable
period following the approval of the project and requested zoning district
change, that the project appears economically sound, that adequate financing
is possible and that the development will be carried out according to
a reasonable construction schedule satisfactory to the city.
B. Consistent With Intent Of Zoning Regulations:
That the proposed development is consistent in all respects with the intent
of this title, is in conformity with the general plans for community development,
would not be contrary to the general welfare and economic prosperity of
the city, that the specific development plans have been prepared with
competent professional advice and guidance, and that the benefits and
improved design of the resultant development justifies the variation from
the normal requirements of this title through the application of the planned
unit development.
C. Residential Developments: In the case of proposed
residential developments:
- That
such development will create an attractive residential environment of
sustained desirability and economic stability, compatible with the character
established for the area by the comprehensive plan, and where the economic
impact of the development in terms of income levels, property values,
and service demands, is at least as beneficial to the community as that
which could be anticipated under the basic zoning.
- That
the population composition of the development will not alter adversely
the impact upon school or other municipal service requirements as anticipated
under the existing basic zoning and comprehensive plan.
- That
the project will not create traffic or parking demand incompatible with
that anticipated under the comprehensive plan.
- That
the total average residential density of the project will be compatible
with the comprehensive plan.
- That
the aggregate open space of the development will be no less than would
have resulted from the application of open space requirements of the
zoning districts.
- That
the adequate guarantee is provided for permanent retention as "open
area" of the residual open land area resulting from the application
of this title, either by private reservation as an enhancement to the
development or by dedication to the public.
- In
the case of private reservation, the open area to be reserved shall
be protected against building development by conveying to the city as
part of the conditions for project approval an open space easement over
such open area restricting the area against any future building or use
except as is consistent with that of providing landscaped open space
for the aesthetic and recreational satisfaction of the surrounding residences.
Buildings or uses for noncommercial recreational or cultural purposes
compatible with the open space objective may be permitted only where
specifically authorized as part of the development plan or subsequently
with the expressed approval of the city council following approval of
building, site and operational plans by the planning board.
- 8.
The care and maintenance of such open space reservations shall be assured
either by establishment of appropriate management organization for the
project or by agreement with the city for establishment of a special
service district for the projected area on the basis of which the city
shall provide the necessary maintenance service and levy the cost thereof
as a special assessment on the tax bills of properties within the project
area. In any case, the city shall have the right to carry out, and levy
an assessment for the cost of, any maintenance which it feels necessary
if it is not otherwise taken care of to the satisfaction of the city.
The manner of assuring maintenance and assessing such cost to individual
properties of the final project plans shall be included in the title
to each property.
D. Commercial
Developments: In the case of proposed commercial developments:
- That
the economic practicality of the proposed development can be justified
on the basis of purchasing potential, competitive relationship and demonstrated
tenant interest.
- That
the proposed development will be adequately served by off street parking
and truck service facilities.
- That
the locations for entrances and exits have been designed to prevent
unnecessary interference with the safe and efficient movement of traffic
on surrounding streets, and that the development will not create an
effect upon the general traffic pattern of the area incompatible with
that anticipated under the comprehensive plan.
- That
the architectural design, landscaping, control of lighting, and general
site development will result in an attractive and harmonious service
area compatible with, and not creating an effect upon, the property
values of the surrounding neighborhood incompatible with that anticipated
under the comprehensive plan.
E. Industrial
Developments: In the case of proposed industrial developments:
- That
the operational character, physical plant arrangement and architectural
design of buildings will be compatible with contemporary performance
standards and industrial development design and will not produce an
effect upon the property values of the surrounding neighborhood incompatible
with that anticipated under the comprehensive plan.
- That
the proposed development will have adequate provision for off street
parking and truck service areas and will be adequately served by rail
or highway facilities.
- That
the proposed development is properly related to the total transportation
system of the community and will not produce an effect on the safety
and efficiency of the public streets incompatible with that anticipated
under the comprehensive plan.
F. Mixed
Developments: In the case of mixed developments:
- That
the proposed mixture of uses produces a unified composite which is compatible
within itself and which, as a total development entity, is compatible
with the surrounding neighborhood and consistent with the general objectives
of the comprehensive plan.
- That
the various types of uses conform to the general requirements, as hereinbefore
set forth, applicable to projects of such use and character.
- The
residential density shall be compatible with the comprehensive plan.
(Ord. 16.00)
Top
11-7-5: COUNCIL
DETERMINATION:
A. Options: The city council, after due consideration,
may deny the proposed amendment, approve it as submitted, or approve it
subject to additional conditions.
B. Basis For Approval: The approval of a proposed
amendment to a zoning district and consequent amending of the official
zoning map shall be based on and include as conditions thereto the building,
site and operational plans for the development as approved as well as
all other commitments offered or required with regard to project value,
character or other factors pertinent to an assurance that the proposed
development will be carried out basically as presented in the official
submittal plans, and shall be mapped and recorded as provided for under
conditional use requirements. Detailed construction and engineering plans
need not necessarily be completed at the time the zoning district amendment
is granted, but the approval of such preliminary plan shall be conditioned
upon the subsequent submittal and approval of more specific and detailed
plans as the development progresses.
C. City Contract With Developer: The developer
shall enter into an appropriate contract with the city to guarantee the
implementation of the development according to the terms and conditions
established as a part of the development plan approval.
D. Subsequent Changes To Plans: Any subsequent
change or addition to the plans or use shall first be submitted for approval
to the planning board and if, in the opinion of the planning board, such
change or addition constitutes a substantial alteration of the original
plan, a public hearing shall be required. (Ord. 16.00)
|
Top |
| |
| |
CHAPTER
8
ZONING DISTRICT DESCRIPTIONS |
| |
| SECTION: |
| |
11-8-1:
RESIDENTIAL I (RI) DISTRICT:
11-8-2:
RESIDENTIAL II (RII) DISTRICT:
11-8-3: RESIDENTIAL
III (RIII) DISTRICT:
11-8-4:
RESIDENTIAL IV (R IV) DISTRICT:
11-8-5:
RESIDENTIAL V (R V) DISTRICT:
11-8-6:
COMMERCIAL (C) DISTRICT:
11-8-7:
INDUSTRIAL (I) DISTRICT:
11-8-8:
AGRICULTURAL/OPEN SPACE (AO) DISTRICT: |
| |
| |
11-8-1: RESIDENTIAL
I (RI) DISTRICT:
| Lots
9 through 16 inclusive, Block 57 |
Country
Club Addition |
| Lots 9
through 23 inclusive, Block 58 |
Country
Club Addition |
| Lots 8
through 13 inclusive, Block 59 |
Country
Club Addition |
| Lots 1
through 8 inclusive, Block 60 |
Country
Club Addition |
| |
| All
that area of land within the Country Club Addition, dedicated for
park purposes. |
| |
|
| All of |
Hilltop
Addition |
| All of |
Meade
Addition |
| All of |
Rich Acres
Addition |
| Lots 1
through 10 inclusive |
Burns
Addition |
| Lots 1
through 59 inclusive |
Shuland
Sunset Addition |
| Lots 1
through 18 inclusive, Block 46 |
Stack
Addition |
| Lots 1
through 16 inclusive, Block 47 |
Stack
Addition |
| Lots 1
through 26 inclusive, Block 48 |
Aronson
& Dean Addition |
| Lots 1
through 13 inclusive, Block 49 |
Aronson
& Dean Addition |
| Lots 1
through 15 inclusive, Block 50 |
Aronson
& Dean Addition |
| Lots 1
through 2, Block 63 |
Stack
Second Addition |
| Lots 1
through 16 inclusive, Block 64 |
Stack
Second Addition |
| Lots 1
through 5 inclusive, Block 65 |
Stack
Second Addition |
| Lots 8
through 16 inclusive, Block 65 |
Stack
Second Addition |
(Ord. 16.00;
amd. Ord. 384, 1-15-1990)
Top
11-8-2: RESIDENTIAL
II (RII) DISTRICT:
All that part
of lot 1, block 1, Third Addition hereinafter described:
Beginning at
the Southwest corner of Lot 1, Block 1, Third Addition, thence in a Northeasterly
direction along the East side of Sixth Avenue Southeast, a distance of
three hundred (300) feet, thence in a Southeasterly direction along a
line perpendicular to said East side of Sixth Avenue Southeast, a distance
of one hundred fifty (150) feet, thence in a Northeasterly direction along
a line parallel to the said East side of Sixth Avenue Southeast, a distance
of fifty (50) feet, thence in a Southeasterly direction along a line perpendicular
to said East side of Sixth Avenue Southeast, a distance of one hundred
fifty (150) feet, to the intersection with the West side of Seventh Avenue
Southeast, thence in a Southwesterly direction along the West side of
Seventh Avenue Southeast to the intersection with the North side of First
Street Southeast, a distance of three hundred fifty (350) feet thence
in a Northwesterly direction along the North side of First Street Southeast,
a distance of three hundred (300) feet to the point of beginning.
| Lots
3 through 12 inclusive |
Larson
Subdivision
Third
Addition |
| Lots 2
through 15 inclusive |
Purcell
Subdivision
Third Addition |
| Lots 4
through 17 inclusive |
Jones
Subdivision
Third Addition |
Lots 1
through 12 inclusive and
Lots 15 through 19 inclusive
|
Jones
Subdivision
Third Addition |
Lots 1
through 20 inclusive, Block 2
|
McNamer
Subdivision
Third Addition |
Lots 1
through 20 inclusive, Block 3
|
McNamer
Subdivision
Third Addition |
Lots 1
through 20 inclusive
|
Worden
Subdivision
Third Addition
|
| Lots 1
through 19 inclusive |
Fisher
Subdivision
Third Addition |
| |
Lots
2 and 3, Block 5, of the Third Addition and a certain tract designated
as Hospital-Tract "B", which adjoins said Lots 2 and 3 of
the South side thereof.
|
Lot 2,
Block 3
|
Third
Addition |
| Lots 1
through 20 inclusive |
Aronson
Block |
| Lots 1
through 20 inclusive, Block 28 |
Second
Addition |
| Lots 1
through 20 inclusive, Block 29 |
Second
Addition |
| Lots 6
and 7, Block 65 |
Stack
Second Addition |
| Lots
1 through 15 inclusive, Block 50 |
Original
Townsite |
| Lots 1
through 2, Block 63 |
Original
Townsite |
| Lots 1
through 20 inclusive, Block 1 |
Original
Townsite |
Lots 4
through 17 inclusive, Block 2
|
Original
Townsite |
| Lots 4
through 17 inclusive, Block 3 |
Original
Townsite |
| Lots 1
through 20 inclusive, Block 4 |
Original
Townsite |
| Lots 1
through 10 inclusive, Block 5 |
Original
Townsite |
| Lots 1
through 20 inclusive, Block 7 |
Original
Townsite |
| Lots 11
through 17 inclusive, Block 10 |
Original
Townsite |
| Lots 4
through 17 inclusive, Block 13 |
Original
Townsite |
| Lots
1 through 20 inclusive, Block 14 |
Original
Townsite |
| Lots 1
through 18 inclusive, Block 15 |
Original
Townsite |
| Lots
4 through 17 inclusive, Block 16 |
Original
Townsite |
| Lots
4 through 17 inclusive, Block 19 |
Original
Townsite |
| Lots 1
through 5 inclusive, Block 20 |
Original
Townsite |
| Lots 8
through 9, Block 21 |
Original
Townsite |
Lots 1
through 18 inclusive, Block 1
|
Second
Addition |
| Lots
1 and 2, Block 2 |
Second
Addition |
| Lots 1
through 20 inclusive, Block 3 |
Second
Addition |
| Lots
1 through 10 inclusive, Block 4 |
Second
Addition |
Lots
1 through 3 inclusive, Block 5
|
Second
Addition |
| Lots 1
through 20 inclusive, Block 6 |
Second
Addition |
| Lots 1
through 11 inclusive, Block 7 |
Second
Addition |
| Lot 1,
Block 8 |
Second
Addition |
Lots 1
through 20 inclusive, Block 9
|
Second
Addition |
| Lots 1
through 20 inclusive, Block 10 |
Second
Addition |
| Lots 1
through 19 inclusive, Block 11 |
Second
Addition |
| Lots
1 through 10 inclusive, Block 12 |
Second
Addition |
Lots
1 through 20 inclusive, Block 13
|
Second
Addition |
| Lots 1
through 20 inclusive, Block 14 |
Second
Addition |
| Lots
1 through 20 inclusive, Block 15 |
Second
Addition |
| Lots
1 through 20 inclusive, Block 16 |
Second
Addition |
| Lots 1
through 10 inclusive, Block 18 |
Second
Addition |
| Lots 1
through 20 inclusive, Block 21 |
Second
Addition |
| Lots 1
through 20 inclusive, Block 22 |
Second
Addition |
| Lots 1
through 20 inclusive, Block 23 |
Second
Addition |
| Lots 1
through 5 inclusive, Block 24 |
Second
Addition |
Lots 1
through 19 inclusive, Block 25
|
Second
Addition |
| Lots
1 through 20 inclusive, Block 26 |
Second
Addition |
Lots 1
through 20 inclusive, Block 27
|
Second
Addition |
Lots 1
through 20 inclusive, Block 13
|
Original
Townsite |
| |
|
| All
of Tract "I" |
|
| |
|
| Lots 1
through 20 inclusive, Block 1 |
Stufft
Tract "H"
|
| Lots
1 through 20 inclusive, Block 2 |
Stufft
Tract "H" |
Lots
1 through 17 inclusive, Block 3
|
Stufft
Tract "H" |
| Lots 1
through 4 inclusive, Block 4 |
Stufft
Tract "H" |
| Lots 4
through 7 inclusive, Block 39 |
Richard
& Halverson Addition |
| Lots 4
through 17 inclusive, Block 40 |
Richard
& Halverson Addition |
Lots 1
through 20 inclusive, Block 41
|
Richard
& Halverson Addition |
| Lots 1
through 20 inclusive, Block 42 |
Richard
& Halverson Addition |
| Lots 11
through 20 inclusive, Block 51 |
O'Haire
Addition |
All of that
portion of tract "O", owned by School District 15 and which
was annexed to the city by virtue of ordinance 349 of the city, and described
as follows:
Beginning at
a point which is the Northwest corner of Tract "O" or the Northwest
corner of the Southwest Quarter of the Southeast Quarter of Section One
(1), Township Thirty-three (33) North, Range Six (6) West, of the Montana
Principal Meridian; thence South along the Quarter Section line, a distance
of 506.4 feet to its intersection with the Northerly boundary of Second
Street Northwest; thence in a Southeasterly direction along the Northerly
boundary of Second Street Northwest, a distance of 606.15 feet to its
intersection with the projection of the Westerly boundary of First Avenue
Northwest; thence in a Northeasterly direction along the projection of
the Westerly boundary line of First Avenue Northwest, a distance of 600
feet; thence at right angles in a Northwesterly direction, a distance
of 692.45 feet to its intersection with Quarter Section line; thence in
a Westerly direction along the Quarter Section line a distance of 333.1
feet to the point of beginning. This parcel of land contains 10.65 acres.
A plat of the above described premises is on file in the office of the
city clerk-treasurer, and by this reference made a part hereof for all
purposes.
All of that
tract of land which is sometimes known as the "Glacier Ridge Addition"
for Forest Investment Corporation, which was annexed to the city by virtue
of ordinance 345 of the city, which is described as follows:
A tract of
land in the NE 1/4 of the NE 1/4 of Section 11, Township 33 North, Range
6 West, M.P.M. Beginning at the Northeast corner of Section 11, thence
South 0°30'W., along the East Section line 402.8 feet to the true
point of beginning, 1/2" iron pin, at the intersection of the highway
right-of-way and the section line; thence continuing South 0°30'W.,
along the section line, 285.6 feet, to 1/2" iron pin, the intersection
of the section line and the alley line of Block 18, Second Addition to
Cut Bank, Montana; thence South 42°11'W., 450.0 feet along said alley
line extended, to 1/2" iron pin; thence North 47°49'W., 80.7
feet to the highway right-of-way line to 1/2" iron pin; thence North
32°50'E., 672.2 feet along the highway right-of-way to the true point
of beginning, containing in all 1.71 acres, more or less.
Lots
2 through 18 inclusive including unnumbered lot therein)
|
Stallcop
Addition |
| All of
the Hilltop Addition |
|
| All of
the Freed Subdivision |
|
| All of
the Shields Addition |
|
| All of
the Love Tracts |
|
(Ord. 16.00;
amd. Ord. 384, 11-5-1990; Ord. 16.02, 10-12-1999; 2006 Code)
Top
11-8-3: RESIDENTIAL
III (RIII) DISTRICT:
| Lots
32 through 35 inclusive, Block A |
Vogt
Subdivision |
| Lots 1
through 6 inclusive, Block B |
Vogt Subdivision |
| Lots 21
through 24 inclusive, Block B |
Vogt Subdivision |
| All of
Blocks C and D |
Vogt Subdivision |
| Lots 1
through 11 inclusive, Block 35 |
Jacobson
Addition |
| Lots 1
through 4 inclusive, Block 36 |
Jacobson
Addition |
| Lots 11
through 19 inclusive, Block 4 |
Second
Addition |
| Lots 11
through 30 inclusive, Block 5 |
Original
Townsite |
| Lots 1
through 30 inclusive, Block 8 |
Original
Townsite |
| Lots 1
through 10 inclusive, Block 9 |
Original
Townsite |
| |
|
| Getter
Tract |
|
| |
|
| All of
the Love Tracts |
|
(Ord. 16.00)
Top
11-8-4:
RESIDENTIAL IV (R IV) DISTRICT:
| Lots
1 through 19 inclusive, Block 23 |
Original
Townsite |
| Lots 1
through 20 inclusive, Block 24 |
Original
Townsite |
| Lots 1
through 20 inclusive, Block 25 |
Original
Townsite |
| Lots 1
through 20 inclusive, Block 26 |
Original
Townsite |
| Lots 1
through 20 inclusive, Block 27 |
Original
Townsite |
| Lots 11
through 20 inclusive, Block 28 |
Original
Townsite |
| Lots 1
through 10 inclusive, Block 29 |
Original
Townsite
|
| Lots 1
through 20 inclusive, Block 30 |
Original
Townsite |
| Lots 1
through 26 inclusive, Block 31 |
Original
Townsite |
| Lots 1
through 26 inclusive, Block 33 |
Jacobson
Addition |
| Lots 1
through 10 |
|
| Lots 14
through 26 inclusive, Block 34 |
Jacobson
Addition |
| Lots 12
through 25 inclusive, Block 35 |
Jacobson
Addition |
| Lots 1
through 7 inclusive, Block 37 |
Jacobson
Addition |
| Lots
1 through 9 inclusive, Block 38 |
Jacobson
Addition |
| Lots 1
through 10 inclusive, Block 61 |
Jeffries
Addition |
| Lots 1
through 31 inclusive, Block A |
Vogt Subdivision |
Lots 7
through 20 inclusive, Black B
|
Vogt Subdivision |
(Ord. 16.00; amd. Ord. 16.02, 10-11-1999; Ord.
16.02, 12-2-2002)
Top
11-8-5:
RESIDENTIAL V (R V) DISTRICT:
No land description. (Ord. 16.00)
Top
11-8-6: COMMERCIAL
(C) DISTRICT:
| Lots
1, 2, 3, 18, 19 and 20, Block 2 |
Original
Townsite |
| Lots 1,
2, 3, 18, 19 and 20, Block 3 |
Original
Townsite |
| Lots 1
through 31 inclusive, Block 6 |
Original
Townsite |
| Lots 1
through 31 inclusive, Block 7 |
Original
Townsite |
| Lots 1
through 10 inclusive, Block 10 |
Original
Townsite |
| Lots 18,
19 and 20, Block 10 |
Original
Townsite |
| Lots 1
through 12 inclusive, Block 11 |
Original
Townsite
|
| Lots 1
through 22 inclusive, Block 12 |
Original
Townsite |
| Lots 1,
2, 3, 18, 19 and 20, Block 13 |
Original
Townsite |
| Lots 1,
2, 3, 18, 19 and 20, Block 16 |
Original
Townsite |
| Lots 1
through 12 inclusive, Block 17 |
Original
Townsite |
| Lots 1
through 12 inclusive, Block 18 |
Original
Townsite |
| Lots 1,
2, 3, 18, 19 and 20, Block 19 |
Original
Townsite |
| Lots 1
through 7, inclusive, Block 21 |
Original
Townsite |
| Lots
10 through 15 inclusive, Block 21 |
Original
Townsite |
| Lots 1
through 12 inclusive, Block 22 |
Original
Townsite |
| Lots 1
through 10 inclusive, Block 28 |
Original
Townsite |
Lots 11
through 20 inclusive, Block 29
|
Original
Townsite |
| Lots 1
and 2, Block 32 |
Original
Townsite |
| Lots 1
through 22 inclusive, Block 1 |
First
Addition |
| Lots 1
through 12 inclusive, Block 2 |
First
Addition |
| Lots 11,
12, and 13, Block 34 |
Jacobson
Addition |
| Lots 1
through 10 inclusive, Block 51 |
O'Haire
Addition |
| Lots 1,
3 and 4 |
Carter
Tract |
| Lots
1, 2, 3, 18, 19 and 20, Block 39 |
Richards
and Halverson Addition |
| Lots 1,
4, 5, 6, 7, 8, 9, 10, 18, 19 and 20, Block 40 |
Richards
and Halverson Addition |
| |
|
All
that part of lot 1, block 1, Third Addition hereinafter described:
Beginning
at the Northwesterly corner of Lot 1, Block 1, Third Addition; thence
in a Southwesterly direction along the east side of Sixth Avenue
Southeast, a distance of two hundred (200) feet; thence in a Southeasterly
direction along a line perpendicular to said easterly side of Sixth
Avenue Southeast, a distance of one hundred fifty (150) feet; thence
in a Northeasterly direction along a line parallel to the said East
side of Sixth Avenue Southeast, a distance of one hundred fifty
(150) feet to the intersection with the West side of Seventh Avenue
Southeast; thence in a Northeasterly direction along the West side
of Seventh Avenue Southeast, a distance of one hundred fifty (150)
feet to the intersection with the South side of East Main Street;
thence in a Northwesterly direction along the South side of East
Main Street to the point of beginning. |
| Lots 1,
2, 13 and 14 |
Larson
Subdivision
Third
Addition |
Lots 1
and 16 through 20 inclusive
|
Purcell
Subdivision
Third Addition |
| Lots
1, 2, 3, 18, 19 and 20 |
Jones
Subdivision
Third Addition |
| Lots 1,
19, 20 and 21 |
Stallcop
Addition |
| Lots
11 through 20 inclusive, Block 61 |
Jeffries
Addition |
Lots
1 through 20 inclusive, Block 62
|
Jeffries
Addition |
| |
| All
that part of the Burlington Northern Railway right-of-way lying between
south side of West Railway Street and the North boundary line of the
First Addition and the Carter Tract. |
| |
|
| All of
Point-Getter Addition |
|
|
|
All
of Tract "K" and all of the portion of the Northeast Quarter
of the Southeast Quarter of Section 12, Township 33 North, Range
6 West adjacent to said Tract "K" and lying between East
Railway Street and East Main Street.
All of
those lands presently occupied by the Northern Village Shopping
Center and the Northern Village Motor Inn, which are specifically
described in ordinance 347 of the city and which were annexed to
the city by said ordinance 347.
All of
Tract "B" Addition, which has been annexed to the city.
All of
Tract "J".
All of
those lands which were annexed to the city, by virtue of resolutions
812, 784, and 783 of the city, said lands being all of the lands
which are not a part of the Richards and Halverson Addition or the
O'Haire Addition, but which are located between those two (2) additions
and U.S. Highway No. 2. |
| |
|
| Lots
1 through 5 inclusive, Block E |
Vogt Subdivision
|
|
|
| The
Buttrey Food Tract as described in resolution 926. |
| |
|
| A
tract of land, sometimes referred to as the Torgerson Tract, as described
in resolution 874. |
(Ord. 16.00; amd. Ord. 384, 11-5-1990)
Top
11-8-7:
INDUSTRIAL (I) DISTRICT:
| Lots 1
through 4 inclusive, Block 19 |
Second
Addition |
Lots 1
through 18 inclusive, Block 20
|
Second
Addition |
| |
|
| Tract
"L" |
|
| |
|
| Tract "O",
except that property owned by School District No. 15. |
| |
|
| Tract
"N" |
|
| |
|
| All
the Great Northern Railway right-of-way, lying between the north side
of East and West Railway Street and the south side of First Street
Northeast and Northwest. |
| |
|
(Ord. 16.00)
Top
11-8-8:
AGRICULTURAL/OPEN SPACE (AO) DISTRICT:
The remaining areas in the city shall be included
in this zoning district. (Ord. 16.00)
|
Top |
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