Loading...
This district provides area for public facilities as well as outdoor and combination outdoor/indoor recreation areas.
(A) Height. No restriction as to height of buildings.
(B) Front yard. The front yard in this district shall be a minimum 30-foot wide landscaped area containing a minimum of two large canopy trees (minimum 15 feet in height), two small ornamental trees and five shrubs (minimum six inches in height), including irrigation, for each 40 lineal feet of frontage. Such landscaping may be clustered to provide a “natural” look. Attractive fencing, boulders, rockwork and other items are strongly encouraged.
(C) Rear yard. A 30-foot rear yard shall be required that meets the landscape requirements in division (B) above.
(D) Side yard. A 30-foot side yard shall be required that meets the landscape requirements in division (B) above; except that, roads and driveways may penetrate the side yards in order to connect businesses along the highway frontage so to minimize highway use to get from one business to another.
(E) Use. No building, structure or premises shall be used, and no building or structure shall be erected, structurally altered or maintained, unless otherwise provided in this chapter, except for one or more of the uses listed below:
(1) Accessory uses and buildings;
(2) Arena;
(3) Camping;
(4) Concert area;
(5) Fair;
(6) Golf course;
(7) Governmental and cultural facilities;
(8) Pow-wow ground;
(9) Recreational vehicle park;
(10) School;
(11) Senior citizen center;
(12) Signs not to exceed 144 square feet in area, ten feet in height and externally lit;
(13) Sports fields;
(14) Park, playground;
(15) Skate and bicycle park;
(16) Skating rink;
(17) Swimming pool;
(18) Vending; and
(19) Youth camps and facilities.
(F) Maximum lot coverage area. 50%.
(1992 Code, § 9-1-110)
(A) The lawful uses of land, existing at the time of the adoption of this chapter, although such use does not conform to the provisions hereof, may be continued, but if such non-conforming use is discontinued for a period of six months, any future use of said premises shall be in conformity with the provisions of this chapter. A landowner may seek to extend this six-month time period where an undue hardship exists through an appeal to the Board of Adjustment.
(B) A variance may be granted to allow development on a lot that exists at the time of adoption or revision of this chapter where reasonable development cannot conform to yard setback or lot coverage requirements due to substandard size of the lot.
(C) When a district shall hereafter be changed, any then existing non-conforming use in such changed district may be continued.
(1992 Code, § 9-1-111)
(A) Ordinary exceptions. This chapter shall not be deemed to limit or restrict the height of belfries, chimneys, church steeples, clock towers, cooling towers, elevators, stacks, water towers or any similar appurtenances to buildings, but these structures shall be subject to such restrictions and regulations as may be imposed by other ordinances.
(B) Restricted exceptions. Churches, public or semi-public buildings, hospitals, schools, colleges and private clubs may exceed the height restrictions of the district in which they are constructed; provided, such structures shall have side yards on both sides, complying with the area regulations of the district and, in addition, the side yards shall be increased one foot in width for each five feet that the height of the building exceeds the height regulation of the district.
(1992 Code, § 9-1-112)
Where churches, schools, hospitals or colleges are located in any “A” or “B” Residential District and have no portion used as a place for habitation, the depth of the rear yard may be reduced to six feet. The front, side and rear yards shall be waived where dwellings are erected above stores, shops or other commercial uses. No lot area shall at any time be so reduced or diminished that the front, rear or side yards shall be smaller than prescribed by this chapter.
(1992 Code, § 9-1-113)
(A) Building in district boundaries. The boundaries of districts are shown on the map on display in the office of the City Clerk and of the Zoning Officer. All changes in zoning will be shown on revised map on display in the office of the City Clerk and of the Zoning Officer. Such map is hereby adopted and made a part of this code.
(B) Change in district boundaries, regulations and restrictions. Changes in the boundaries of any district or part thereof or changes of regulations or restrictions within any such district may be made by the City Council. The City Council shall use the following procedure when altering or establishing zoning district regulations and/or boundaries.
(1) A petition requesting such change shall first be presented to the City Council, duly signed by the owners of 35% or more, either of the area of the lots included within such change or of the lots immediately adjacent in the area thereof, extending 300 feet from the street frontage of such opposite lots. In the case of corner lots, the petitioners shall be owners of property along each street frontage.
(2) Such petition shall be referred to the Board of Adjustment which shall make a careful investigation of such proposed change and file a written report thereon within 30 days after the same has been referred. The City Council shall thereupon cause notice to be published twice in a paper of general circulation within the city of the time and place set for the hearing upon such petition and report. The publication of such notice shall be made at least 15 days prior to the time of such hearing. At such hearing, the City Council shall hear all persons and all objections and recommendations relative to such proposed change and thereupon, action shall be taken upon such petition by said City Council and such action shall be final and conclusive as to all matters and things involved in said petition.
(3) Provided, however, that, if written protest against such change signed by the owners of 25% or more, either of the area of the lots included in such proposed change or, of those within 300 feet of the area proposed for change, such amendment shall not become effective, except by the favorable vote of three-fourths of all the members of the City Council.
(4) When such proposed amendment has been rejected by the City Council, neither it, nor one involving only the same property, shall be offered for adoption within one year after such rejection.
(5) Changes in the regulations and restrictions in any district may be made from time to time by the City Council in the same manner as is prescribed in divisions (B)(1) through (B)(4) above for making changes in the boundaries; except that, such action may be initiated without the presentation of a petition requesting it.
(1992 Code, § 9-1-114)
(A) Enforcement.
(1) This chapter shall be enforced by the Zoning Officer, his or her assistants or other duly appointed officer of the city, subject to such variations and interpretations which may be made by the Board of Adjustment. Appeal of any decision of the enforcing officer may be made to the Board of Adjustment as provided in the laws of the State of Montana.
(2) A zoning conformance permit shall be issued by the enforcing officer before any building, or premises, or part thereof may hereafter be created, erected, changed or converted, wholly or in part, in its use or structure, to the effect that such building and use proposed therefor conform to the provisions of this chapter. These certificates shall be applied for and issued at the same time, or before, the Building Inspector grants a building permit for the premises.
(3) It shall be unlawful to allow any basement excavations upon which a building is not constructed to be left unfilled, uncovered, if construction of intended building is not started upon said excavation within 60 days of excavation, and worked on continuously until completed. If construction on said excavation is not completed within 180 days of excavation, the City Zoning Officer shall order the excavation to be filled in.
(4) No person shall move or demolish a building within the city limits without first obtaining a permit from the Zoning Officer. Where buildings have been removed or demolished, the ground shall be leveled and all debris removed.
(B) Penalty for violation. Any person, firm or corporation owning, controlling or managing any building or premises wherein or whereon there shall be placed, or there exists anything in violation to the provisions of this chapter; or any person, firm or corporation who shall assist in the commission of any violation of this chapter, or who shall build contrary to the plans and specifications submitted to, and approved by, the Zoning Officer; or any person, form or corporation who shall omit, neglect or refuse to do any act required in this chapter, shall be deemed guilty of a misdemeanor and, upon conviction thereof, shall be fined not less than $250, nor more than $500, for each offense, or by imprisonment for a period not exceeding 90 days, or by both such fine and imprisonment. Each day that a violation is permitted to exist shall constitute a separate offense.
(C) Procedure in the case of non-conformity.
(1) If, on any inspection, the use of a premises is found not to conform to the requirements of this chapter, or the conditions of an existing certificate therefore, the Zoning Officer or other duly appointed official shall at once issue written notice to the owner, specifying the manner in which the use of the premises fails to so conform and the owner shall, at once, take steps to make it so conform or file a written notice of appeal specifying the grounds thereof, both with the Zoning Officer and the Board of Adjustment, within 48 hours following receipt of notice of non-conforming use by the Zoning Officer. If necessary for the proper protection of the occupants, he or she shall order the use or premises vacated until its condition is made satisfactory and in conformity with the requirements of this chapter, at which time a certificate will be issued as herein provided for new buildings or for the use of premises.
(2) The Board of Adjustment shall fix a reasonable time for the hearing of the appeal, give public notice thereof, as well as issue notice to the parties in interest, and decide the same within 15 days following the date notice of appeal was filed.
(D) Interpretation and purpose.
(1) In interpreting and applying the provisions of this chapter, they shall be held to be the minimum requirements for the promotion of the public health, safety, convenience, comfort, prosperity and general welfare.
(2) It is not intended by this chapter to interfere with, or abrogate or annul rules or permits previously adopted or issued according to the law relating to the use of buildings or premises, nor to interfere with, abrogate or annul any easement, covenants or agreements between parties; provided, however, that, where this chapter imposes greater restrictions as to use, or requires larger open spaces or less height than are required by such rules or permits or by easements, covenants or agreements, the provisions of this chapter shall control.
(E) Enforcement and remedies. In case any building or structure is erected, constructed, reconstructed, altered, repaired, converted or maintained, or any building, structure or land is used in violation of this chapter, the City Council, in addition to other remedies, may institute any appropriate action or proceeding to prevent such unlawful erection, construction, reconstruction, alteration, repair, conversion, maintenance or use, to retrain, correct, structure or land or to prevent any illegal act, conduct, business or use in or about such premises.
(1992 Code, § 9-1-115)