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Belgrade Overview
Belgrade, MT Code of Ordinances
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10-3-46: RESERVED:
10-3-47: SHORT-TERM RENTALS:
   A.   Applications And Permits Required:
      1.   A Short-Term Rental Permit is required as specified in 10-6-8.
      2.   A Short-Term Rental license issued by the city is required in accordance with Title 2 Business and License Regulations of the City of Belgrade codes of ordinances.
      3.   The Property owner must be registered with the Department of Revenue (DOR).
   B.   General Regulations:
      1.   A short-term rental shall be categorized as a residential use in a dwelling unit designed for such use for periods of time less than 30 days.
      2.   Short-term rentals may alternatively be referred to as vacation rentals, tourist accommodation units, or resort dwelling units.
      3.   Short-term rentals shall be allowed in residential districts and mixed- use districts within residential units.
      4.   The use of Recreational vehicles as a short-term rental shall be prohibited. (Ord. 2023-7, 7-17-2023)
10-3-48: OUTDOOR STORAGE FACILITY:
   A.   The Following Regulations Shall Apply To The Approval And Operation Of Outdoor Storage As An Accessory Use:
      1.   Outdoor storage shall only be permitted in areas identified on the approved site plan. No such activity shall be located closer than fifty feet (50 ft) to a residential zoning district boundary or road right-of-way abutting any residential zoning district or within ten feet (10 ft) of any road right-of-way. Such activities shall not occupy any required parking area or driveway;
      2.   Any outdoor storage area located closer than one hundred feet (100 ft) to a residential district shall, if determined to be visible from such district, be screened by an opaque fence at least eight feet (8 ft) high or other means indicated on the approved site plan;
      3.   Illumination of outdoor storage areas shall be designed to prevent glare or direct light from the illumination source into residential areas;
      4.   Outdoor displays shall be maintained in a neat and orderly fashion. Waste material shall be contained within a storage area completely surrounded by a gated masonry wall six feet (6 ft) in height or other screening approved by the Board. Such screening shall be set back from residential districts at least six feet (6 ft) and landscaped according to the approved site plan;
      5.   The site plan submitted with an application for a conditional use permit shall indicate the types of merchandise or materials to be stored, and, if applicable, any seasonal changes of merchandise or materials;
      6.   Outdoor repair, preparation, cleaning, assembly, disassembly, or other similar activities shall not be permitted unless the nature and location of such activity is specifically identified in the application and approved by the Planning and Zoning Administrator or the Board of Building and Zoning Appeals. (Ord. 2023-7, 7-17-2023)
10-3-49: SMALL FARM ANIMAL KEEPING:
   A.   General Regulations:
      1.   The keeping of farm animals except swine on undeveloped and unplatted property within the city limits, is allowed.
      2.   Two animal units allowed per two and one-half (2 ½) acres. One (1) additional acre of land shall be provided for each animal unit, beyond the two (2) units permitted on the first two and one-half acres. Notwithstanding the acreage available for the domestic livestock uses, no more than eight (8) individual animals shall be permitted, regardless of size, weight, or species.
         a.   The following numbers are equal to one animal unit:
         b.   One (1) horse.
         c.   One (1) cow.
         d.   Two (2) sheep.
         e.   Two (2) goats.
         f.   Eight (8) rabbits.
         g.   Six (6) larger fowl (ducks, geese, turkeys, etc.).
      3.   All animals shall be securely enclosed in a roaming or grazing area sufficient to keep them contained, protected from predatory animals and protected from the elements.
      4.   Perimeter of roaming and grazing areas shall include measures to ensure that soil erosion shall not occur due to animal activity.
      5.   Setback Requirements:
         a.   The activity shall not be less than one hundred feet (100') from any structure used for human occupancy and shall be set back not less than 50 feet (50') from any property line.
         b.   Structures and pens to house small farm animals shall be located in rear yards, as. For a corner lot or other property where no rear yard exists, a side yard may be used as long as the required setbacks are met. In no case shall a structure or pen intended to house animals be placed in the front yard.
      6.   Structures and Enclosures:
         a.   Structures and pen or pasture fencing erected for the housing of small farm animals must meet the following requirements:
            (1)   The structure shall be enclosed on all sides and shall have a roof and doors.
            (2)   Access doors must be able to be shut and locked at night.
            (3)   Openings, windows, and vents must be covered with predator- and bird-proof wire of less than one (1) inch openings.
            (4)   The materials used in making the structure shall be uniform for each element of the structure such that the walls are all made of the same material, the roof has the same shingles or other covering, and any windows or door openings are constructed using the same materials. The use of scrap, waste board, sheet metal, or similar materials is prohibited. The structure shall be well-maintained.
      7.   Fencing:
         a.   All structures and pen or pasture fencing shall be of sufficient size to provide safe housing for those animals kept therein and be designed to minimize trauma and maximize comfort and usage, including provision of an adequate number of resting spaces for the number of animals on the property.
      8.   Odor:
         a.   Odor from farm animals shall not be perceptible at the property boundaries. The Community Development Director may also require landscaping buffering to provide odor attenuation.
      9.   Noise from the keeping of small farm animals shall be regulated by chapter 4 of this Title.
      10.   Waste Storage and Removal shall be managed such that all stored manure and waste material shall be covered by a fully enclosed structure with a roof line or lid over the entire structure.
         a.   Manure and other waste material shall not be permitted to accumulate on the premises for a period exceeding thirty (14) days.
      11.   Feed shall be contained and unavailable to rodents, pests, wild birds and predators. Feed application and distribution for farm animals shall not result in excessive feed on the property that can attract rodents. (Ord. 2023-7, 7-17-2023)
10-3-50: RESERVED:
10-3-51: RESERVED:
10-3-52: SWIMMING POOL:
   A.   Applications And Permits Required:
      1.   A Land Use Application is required as specified in 10-6-15.
   B.   Supplemental Regulations:
      1.   Location: No public or private swimming pool in any district shall be located in any required front yard; however if not more than six feet (6') in height, such use may be located in any required side yard or rear yard.
      2.   Fence Or Wall Required: In addition, all swimming pools shall be enclosed in an area with a fence or wall not less than forty-two inches (42") in height and no opening therein, other than doors or gates, larger than four inches (4") in any direction. A structure of any type may be used as part of such an enclosure.
      3.   Gates or Doors: All gates and doors opening through such enclosure shall be kept equipped with a selfclosing and self-latching device for keeping the gate or door securely always closed when not in actual use, except that the door of any dwelling which forms a part of the enclosure for private residential pools need not be so equipped.
      4.   Modifications: The building inspector may modify individual cases upon showing good cause concerning the height, nature, or location of the fence, wall, gates, or latches, or the necessity thereof, protected as sought hereunder, is not reduced thereby. (Ord. 2023-7, 7-17-2023)
10-3-53: WALK-UP/BIKE-UP WINDOW:
   A.   Applications And Permits Required:
      1.   A Land Use Application is required as specified in 10-6-15.
         a.   An applicant for a walk-up/bike-up window must verify to the community development director that the project will meet the standards of this Section.
            (1)   The Community Development Director may impose reasonable conditions of approval, such as hours of operation and buffers.
            (2)   The conditions shall serve to prevent negative impacts on nearby residential property and avoid spillover of patrons into the public right-of-way or adjacent properties.
         b.   Walk-up/Bike-Up windows that do not meet the standards below are subject to a Conditional Use Permit application consistent as specified in 10-6-12.
      2.   A Building Permit is required as specified in 10-6-14.
   B.   General Regulations:
      1.   Walk-up/bike-up windows for pickup or point-of-sale transactions shall be considered an accessory use for retail or eating and drinking (in association with food and/or beverage pickup).
      2.   Walk-up/bike-up window approval shall be subject to the City’s Land Use and Building Permit processes and policies.
      3.   Walk-up/bike-up windows must not be accessible by persons in vehicles. Any take-out window with vehicular access shall not be considered a walk-up window and shall be regulated as a drive-thru facility as specified in 10-4-4.K.
      4.   Walk-up/bike-up windows shall not operate between the hours of 11:00 p.m. and 7:00 a.m.
      5.   Waste receptacles shall be provided and regularly emptied during hours of operation.
      6.   Walk-up/bike-up windows must be visible from the street and oriented away from the residential zoning district.
   C.   Location:
      1.   Walk-up/bike-up windows must be located at least 100 feet from a residential zoning district and at least 10 feet from the public right-of-way.
      2.   The distance shall be measured by the shortest, most direct bearing distance from the property line of the closest property within the residential zoning district or public right-of-way to the walk-up/bike-up window location.
   D.   Design:
      1.   Walk-up/bike-up windows must be constructed with similar materials as the principal structure they are in.
      2.   Walk-up/bike-up windows must be situated to allow for pedestrian access and queuing outside any vehicle paths and must meet all accessibility requirements.
   E.   Noise:
      1.   Walk-up/bike-up windows shall not have a speaker box commonly associated with drive-thru facilities.
      2.   Within 100 ft. of residential districts, no outdoor speakers shall be allowed.
   F.   Parking: Additional parking shall not be required for a walk-up/bike-up window. (Ord. 2023-7, 7-17-2023)
ARTICLE X: TEMPORARY USES
10-3-54: RESERVED:
10-3-55: CAMPING AND RECREATIONAL VEHICLES:
   A.   Applications And Permits Required:
      1.   A Special Use Permit is required as specified in 10-6-17.
   B.   Parking For Camping Purposes:
      1.   It shall be unlawful for any person to camp or sleep in a vehicle, motor home, camper trailer, camper or recreational vehicle, whether selfpropelled, towed or hauled, parked on any public or private parking lot, street or alley way, within the city except in a recreational vehicle and travel trailer park or truck stop, unless specifically authorized by the chief of police, city manager, or by resolution of the city council, to accommodate a special event.
      2.   It shall be unlawful for any person to camp or sleep in a vehicle, motor home, camper trailer, camper or recreational vehicle, whether selfpropelled, towed, or hauled, parked on any private lot within the city, except that the owner or occupant of a single family residential lot may allow one or more persons to camp or sleep in a parked motor home, camper trailer, camper or recreational vehicle located on the said lot on for a period not to exceed one (1) year, provided that the use of the motor home, camper trailer, camper or recreational vehicle is without compensation to the owner or occupant of the lot, and provided that the owner or occupant of the lot obtain a Camping and Recreational Vehicle Permit from the city.
         a.   No more than one (1) motor home, camper trailer, camper or recreational vehicle shall be allowed on a single-family residential lot at one (1) time.
         b.   No part of the motor home, camper trailer, camper or recreational vehicle shall be parked on or extend over any public property or right of way, including any street, alley, boulevard, sidewalk or park.
         c.   The motor home, camper trailer, camper or recreational vehicle shall not be connected to the Belgrade City sewer system, and shall not be allowed to release sewage or gray water upon the ground.
            (1)   The camping permit holder shall provide the city with proof of proper disposal of sewage and gray water at least once every three (3) months during the permit period.
      3.   A camping permit may be denied or revoked at any time for good cause as determined by the city council following notice and public hearing.
      4.   It is not the intent of this ordinance to prevent property owners from parking camper units upon their property for the purpose of storage of the unit.
      5.   Recreational Vehicles shall not be used for short-term rentals. (Ord. 2023-7, 7-17-2023)
10-3-56: RESERVED:
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