City of Belgrade Zoning Ordinance_Adopted

City of Belgrade

Zoning Ordinance

ADOPTED 7-17-2023

Table of Contents Cont.

CHAPTER 1

Introduction and How To Use This Code

Introduction

10.1.01 TITLE

A. This title and all chapters herein shall be known and cited as the Zoning Ordinance and be referred to as the Zoning Regulations Title of the Official Ordinance of the City of Belgrade, Montana.

10.1.02 PURPOSE AND INTENT

A. The purpose of the Zoning Ordinance is to protect and promote the health, safety, and general welfare of the residents of the City of Belgrade, Montana in addition to the following objectives:

1. Govern land use decisions in the City of Belgrade in conformance with MCA § 76-2-304(1);

2. Implement the policies and goals contained in the officially adopted Growth Policy and other adopted plans;

3. Establish clear and efficient development review and approval procedures; and

4. Accommodate compatible, healthy, environmentally-sensitive, and orderly development in accordance with the preceding purposes.

10.1.03 GROWTH POLICY

A. Within the State of Montana, governing bodies must substantially comply with their adopted Growth Policy when adopting and implementing regulations like zoning and when considering proposed land uses. The state requires that the Growth Policy address eight (8) subject areas, including Land Use. This Zoning Ordinance document should be updated at regular intervals and assessed for consistency with the most recently adopted Growth Policy.

Introduction

10.1.04 GENERAL PROVISIONS

A. Authority. This zoning ordinance is adopted pursuant to the powers granted and limitations imposed by Montana law and the City of Belgrade’s home-rule authority.

B. Severability. If any provision of this Zoning Ordinance or its application to any person, properties, or circumstances is held invalid, the remainder of the Zoning Ordinance or the application of the provision to other persons, properties, or circumstances is not affected.

C. Effective Date. This Zoning Ordinance shall become effective on INSERT DATE. The previously adopted Zoning Ordinance is hereby repealed and considered an archived Zoning Ordinance. A copy of the archived Zoning Ordinance shall remain on file at the City of Belgrade Planning Department.

D. Applicability. The regulations of this zoning ordinance apply to all development, public or private, within the corporate limits of the City of Belgrade. In addition to the requirements of the zoning ordinance, all uses and development must comply with all other applicable city, state and federal regulations.

E. Conflicting Provisions. This Zoning Ordinance is not intended to interfere with, abrogate or annul any easement, covenant, deed restriction or other agreement between private parties. If the provisions of this Zoning Ordinance impose a greater restriction than imposed by a private agreement or covenant, the provisions of this Zoning Ordinance shall control. Where this Zoning Ordinance conflicts with other city, state, or federal regulations, the more restrictive provision will control, to the extent permitted by law. The more restrictive provision is the one that imposes more stringent controls.

F. Ordinance Figures, Images, or Tables. If a conflict occurs between text in this Ordinance and a figure, image, graphic, or photo in this Ordinance, the text shall control. If a conflict occurs between text in this Ordinance and a table in this Ordinance, the table shall control.

10.1.05 ZONING MAP

A. ZONES AND DISTRICTS: The City and its extraterritorial limits surrounding the city is hereby divided into zones or districts, as shown on the Official Zoning Maps, which together with all explanatory matter thereon, is hereby adopted by reference and declared to be a part of this chapter.

1. The City is hereby divided and classified into the following zones and districts:

CATEGORY ZONES AND DISTRICTS

Residential Rural Zone (R) Neighborhood (N) Community Living (CL)

Residential Suburban (RS)

Mixed Use & Commercial Commercial Corridor (CC)

Industrial and Business Park Flex Employment (FE)

Special Districts Educations & Institutional (EI)

Mixed Residential (MR)

Mixed Use (MU)

Innovation District (ID)

Downtown District (DD)

Industrial (I)

Open Space & Parks (OSP) Airport District (AD)

B. OFFICIAL ZONING MAP: The Community Development Department shall be responsible for all changes to the Official Zoning Map. The Official Zoning Maps shall be available in the City Office and shall bear a certificate with the signature of the Mayor, attested by the City Clerk, and the date of adoption of this map.

1. No unauthorized person may alter or modify the Official Zoning Map.

2. The certificate should read as follows: "This is to certify that this is an Official Zoning Map referred to in Section 10.01.05 of the Official Zoning Ordinance of the City of Belgrade, Montana."

3. If any changes to the map are made by amendment of this chapter in accordance with Section 10.06.11 hereof, such changes shall be made to the Official Zoning Map and signed, dated, and certified upon the map or upon the material attached thereto.

4. Regardless of the existence of purported copies of the Official Zoning Maps which may from time to time be made or published, the Official Zoning Maps kept in the City Office shall be the final authority as to the current zoning status of land and water area, buildings, and other structures in the City.

5. In the event that the Official Zoning Maps become damaged, destroyed, or difficult to interpret because of the nature or number of changes and additions thereto, the City Council may adopt and certify new Official Zoning Maps. The new Official Zoning Maps may correct drafting or other errors or omissions in the prior map, but no such corrections shall have the effect of amending the original Official Zoning Maps or any subsequent amendment thereof.

6. Interpretation of Boundaries shall be interpreted as follows where uncertainty exists:

a. When the zoning map shows a zoning district boundary as following a particular feature, or reflects a clear intent that the boundary follows the feature, the boundary will be construed as following that feature as it actually exists.

b. Where physical or cultural features existing on the ground are at variance with those shown on the Official Zoning Map or where other circumstances or controversy arises over district boundaries, the City Council shall interpret the district boundary.

c. Boundaries indicated as approximately following the centerline of streets, highways, or alleys shall be construed to follow such centerline.

d. Boundaries indicated as approximately following platted lot lines shall be construed as following such lot lines;

e. Boundaries indicated as approximately following city limits shall be construed as following such city limits.

f. Boundaries indicated as approximately following railroad lines shall be construed as following such railroad lines;

g. Boundaries indicated as approximately following centerline of streams, rivers, canals, or ditches shall be construed as following such centerline.

h. Boundaries indicated as parallel to or extensions of features indicated on the Official Zoning Map shall be determined by the scale on the map.

10.1.06 INTERPRETATION AND MEASUREMENTS

A. LANGUAGE: When used in this Ordinance, the following rules for words must apply:

1. The words “shall”, “must”, “will”, “is to”, and “are to” are always mandatory.

2. “Should” is not mandatory but is strongly recommended; and “may” is permissive.

3. The present tense includes the past and future tenses; and the future tense includes the present.

4. The singular number includes the plural number, and the plural the singular, unless the natural construction of the word indicates otherwise.

5. The words “includes” and “including” must mean “including but not limited to…”.

6. When used to describe the applicability of two or more requirements of this Zoning Ordinance, the word “or” shall mean that compliance with any of the series is sufficient, and the words “and” and “and/or” must mean that compliance with all of the series is required.

7. The words “occupied” or “used” must be considered as though followed by the words “or intended, arranged or designed to be used or occupied”.

8. In case of any difference of meaning or implication between the text of this Zoning Ordinance and any caption or illustration, the text shall control.

9. In case of any difference of meaning or implication between a specific definition found elsewhere in this Ordinance and the definition found in this chapter, the specific definition shall control.

10. Time Limits. Whenever a number of days is specified in the Ordinance, or in any permit, condition of approval, or notice provided in compliance with the Ordinance, the number of days must be constructed as consecutive calendar days. A time limit shall extend to 5 p.m. on the following working day where the last of the specified number of days falls on a weekend or holiday.

11. Allowable Uses of Land. The Director has the authority to determine similar uses beyond what is identified in Section 10.3.4. The Director may also refer any issue of similar use to the Commission for their determination.

B. FRONT STREET, SIDE STREET, AND PROPERTY LINE DETERMINATIONS:

Front streets, side streets, and property lines shall be interpreted as follows:

1. Where only one street abuts a lot, that street is considered a front street.

2. For purpose of this provision, the front property line is the property line that “faces” and is adjacent to the front street.

3. A lot with more than one street front must designate at least one front street. A lot may have more than one front street. The Director will determine which streets are front streets based on:

a. The street or streets with the highest classification;

b. The established orientation of the block;

c. The street or streets abutting the longest face of the block;

d. The street or streets parallel to an alley within the block;

e. The street that the lot takes its address from; and

f. The pedestrian orientation of adjacent or abutting development, existing or proposed

C. MEASUREMENT.

1. Measurement of Setbacks. The method of measuring setbacks is as follows:

a. Unless otherwise described in this Ordinance, required setbacks must be measured horizontally from the nearest point of the front, side, or rear lot line to the nearest line of the structure, see Figure 1 below.

Figure 1: Setback Measurement

Introduction

For an irregular shaped lot, required setbacks (e.g., front, side, rear setbacks) shall be determined by the Review Authority. Examples of setbacks on irregular shaped lots are illustrated in Figure 3 above.

b. In measuring a front or secondary front setback, the setback must be measured as the perpendicular distance between the closest edge of right-of way and the corner or face of structure closest to the street.

c. For lots fronting on a substandard street, the front and secondary front setbacks must be measured from the edge of right-of-way, based upon the City’s adopted street standards.

d. Through parcels must have a front setback on both opposing sides of the parcel.

Figure 2: Sample Setback Measurement Graphic

D. HEIGHT MEASUREMENTS.

1. Unless otherwise described in this Ordinance, the maximum allowable height must be measured as the vertical distance from the average elevation of the finished grade along the front of the building to the highest point of the building structure (see Figure 4 above).

a. Average elevation of the finished grade is determined by calculating the average of the highest and lowest elevation along natural or improved grade (whichever is more restrictive) along the front of the building parallel to the front street setback line (see Figure 3 above).

2. Flagpoles must be consistent with the height limit in the respective zoning district.

3. Agricultural structures and steeples attached to a place of worship are exempt from height maximum standards.

Figure 4: Structure Height

Figure 3: Structure Height on Steep Grade

How to Use this Ordinance

10.1.07 HOW TO USE THIS ORDINANCE

A. The following steps describe how to navigate this Zoning Ordinance:

1. Locate your property on the zoning map and identify which zoning district it falls within;

2. Within Chapter 2 , Zones and Districts, find your zoning district and the corresponding section where the regulations applicable to that zoning district are displayed. The regulations therein apply to permitted property uses, and physical standards for buildings and sites;

3. Permitted uses can be found in Chapter 3 , along with regulations for specific uses.

4. Additional regulations applicable to your zoning district can be found in Chapter 4 , Generally Applicable Regulations (ie. Parking, Signage, Buffering/Landscaping, as well as other generally applicable regulations).

5. If your property existed prior to the adoption of this Zoning Ordinance, and aspects of your property are not in conformance with this document, see Chapter 7, Nonconformities to understand how nonconformities are handled in the Zoning Ordinance;

6. If you require a permit or an additional planning approval, see Chapter 6 , Administration and Procedures to read about the corresponding application process; and

7. If the specific use of a term within this document is unclear, refer to the glossary for a definition of the term.

If nonconformities exist, see Title Five to understand how to address them Check Titles Three and Four for additional regulations that may apply Find the regulations applicable to your zone or district in Title Two Locate your property on the zoning map and use the legend to find its zone or district

Where a term needs clarification, find term definitions in Title Six If you require planning approvals, see Title Five to understand how to apply them

CHAPTER 2

Zones and Districts

Zones and Districts

10.2.01 INTENT

A. The following districts and zones are hereby established for the regulation of land in the City of Belgrade, Montana. The districts and zones have been formulated to realize the general purpose as set forth in the City of Belgrade Growth Policy, as may be amended from time to time. The specific purpose of each district and zone shall serve the regulatory basis for existing and future development within each district and zone, in addition to the following:

1. A variety of districts is established to provide locations for the many uses needed within a healthy, equitable, sustainable, and dynamic community.

2. Each district, in conjunction with other standards incorporated in this chapter, establishes allowable uses of property, separates incompatible uses, and sets certain standards for use of land.

3. This provides predictability and reasonable expectation in use of land within particular zoning designations and sites.

4. The zoning provisions implement the community goals and objectives that are contained in the city's adopted Growth Policy.

5. Zoning districts and the zoning map communicate the City's expectation for land use in each particular district.

Zones and Districts

10.2.02 COMPLIANCE WITH ZONING DISTRICT REGULATIONS

A. The regulations for each district and zone in this Code shall be minimum regulations and shall apply uniformly to each class or kind of structure or land, except as hereinafter provided or as otherwise granted by the Board of Adjustments.

B. No building, structure or land shall be used or occupied and no building or structure or part thereof shall be erected, constructed, reconstructed, moved or structurally altered except in conformity with all of the regulations herein specified for the district in which it is located.

C. No building or other structure shall be erected or altered:

1. To provide for greater height or bulk;

2. To occupy a greater percentage of lot area; or

3. To have narrower or smaller rear yards, front yards, side yards or other open spaces than herein required, or in any other manner be contrary to the provisions of this Code.

4. No yard or lot existing at the time of passage of this Code shall be reduced in dimension or area below the minimum requirements set forth herein. Yards or lots created after the effective date of this Code shall meet at least the minimum requirements set forth herein.

5. Notwithstanding anything to the contrary contained herein, any single lot of record existing on the effective date of this ordinance shall comply with the yard dimension requirements in effect at the time such lot was platted and/or created.

Zones and Districts

10.2.03 USE PERMISSIONS AND INTERPRETATION

A. Development and use regulations and standards are included in each district and zone below.

B. Permitted Uses and Conditional Uses for each district and zone are set forth within each section. Permitted Uses shall include all Accessory Uses, as such term is defined within this Code, except as expressly set forth herein. Conditional Uses require the grant of a Conditional Use permit.

C. It is recognized that this Code may require interpretation to assign all possible uses to individual zones or districts. Therefore,

Table 10.2: Districts and District Abbreviations

District

Abbreviation District

R Rural District

N Neighborhood Residential District

RS Residential Suburban District

MR Mixed Residential District

CL Community Living District

CC Commercial Corridor District

MU Mixed Use District

DD Downtown District

FE Flex Employment District

ID Innovation District

I Industrial District

EI Educational and Institutional District

OSP Open Space & Parks District

AD-A Airport District A

AD-B Airport District B

any use which is not specifically set forth in this Code shall be reviewed by the Community Development Director or a designee for consistency with the intent set forth in each district and for compatibility with use characteristics typical of uses permitted within those zones or districts. Based upon this review, the Community Development Director shall determine the appropriate district or zone for any use which is not specifically set forth herein. In case of disagreement with the determination of the Director of Development in assigning a use to an appropriate district or zone, any aggrieved party may file an appeal with the Board of Adjustments.

To return to the Use Table, click here .

Rural District (R)

Intent:

Neighborhood Residential District (N)

Intent: Provide flexibility for lower density residential development utilizing either traditional building practices or manufactured homes with lot sizes between 7,500 and 10,000 sf.

or below building, or in any yard on driveway (paved surface proceeding from curb cut to garage, which does not exceed width of garage at any point)

Residential Suburban District (RS)

In any yard on driveway (paved surface proceeding from curb cut to garage, which does not exceed width of garage at any point)

Mixed Residential District (MR)

Intent: Permit

Community Living District (CL)

Intent: Accommodate Belgrade’s densest housing types and a mix of neighborhood amenities.

Lot Dimensions

Building and Site Standards

Location

Within or below building, or in rear yard or side yard

Pervious Surface Minimum (grass or landscaped) (%) 30% (no less than 20% of the site where multiunit residential uses are found should be shared greenspace)

Commercial Corridor District (CC)

Intent: Foster flexibility to promote infill and adaptive

Building and Site Standards

Mixed-Use District (MU)

Intent: Foster a variety of amenities such as retail, dining, and office to serve nearby residential areas, with option for apartments above commercial uses.

Downtown District (DD) - Main Street

Intent: Preserve the

Downtown District (DD) - Main Street

Design Standards (Commercial & Mixed Use)

Front Transparency

(Commercial Buildings, New Build)

65% of front elevation between two (2) and ten (10) vertical feet shall be glazed openings (windows/doors)

Design Standards (Commercial) See Note 1

Front Façade Materials See Note 3

Street Trees

Non-Monotony**

Located in front yard, corner yard, or tree lawn; one shade tree per 30 full feet of street frontage. Buildings that have less than a five foot (5') setback are exempt from this street tree requirement.

25' max uninterrupted facade facing a street or public space

**No building constructed prior to 1950 shall be demolished in the Downtown District unless granted approval from the Planning Board, and the building is deemed to: 1. Be structurally compromised, 2. Have no economically viable use.

Note 1: Building and Site Design Standards

At least three (3) of the following different building or design features shall be provided:

Pedestrian Projection (Awning or Canopy)

Articulated Corner Facade (on corner lot only)

Raised belt Courses at Top and Mid-Point of Building

Decorative Brickwork on Front Facade

Green Roof or Solar Panel Installation

Enhanced Tree Canopy by Minimum 20% (beyond minimum tree plantings and landscaping required)

Note 2: Reserved

Green Infrastructure to Replace Greywater Runoff Structures (bioswales, rain garden, or retention pond with adjacent decorative plantings that take the place of greywater runoff solutions)

Permeable Pavers for All Paved Surfaces (emergency vehicle lane may be paved with an impermeable material)

Note 3: Downtown District Building Materials

Front Courtyard (must be grass- or gardencovered, pathways may be hardscaped)

Triple-Paned Glass Windows

Rotary Doors

Bicycle Parking

Electrical Vehicle Charging Stations

Downtown District (DD) - Central Avenue, South Broadway, & Madison Avenue

Intent:

Downtown District (DD) - Central Avenue, South

Broadway, & Madison Avenue

Design Standards (Commercial & Mixed Use)

Front Transparency

(Commercial Buildings, New Build)

50% of linear frontage at ground floor should be glazed openings (windows/doors)

Design Standards (Commercial) See Note 1

Front Façade Materials See Note 3

Street Trees Located in front yard, corner yard, or tree lawn; one shade tree per 30 full feet of street frontage

25' max uninterrupted face

Non-Monotony**

**No building constructed prior to 1950 shall be demolished in the Downtown District unless granted approval from the Planning Board, and the building is deemed to: 1. Be structurally compromised, 2. Have no economically viable use.

Note 1: Building and Site Design Standards

At least three (3) of the following different building or design features shall be provided:

Pedestrian Projection (Awning or Canopy)

Articulated Corner Facade (on corner lot only)

Raised belt Courses at Top and Mid-Point of Building

Decorative Brickwork on Front Facade

Green Roof or Solar Panel Installation

Enhanced Tree Canopy by Minimum 20% (beyond minimum tree plantings and landscaping required)

Note 2: Reserved

Green Infrastructure to Replace Greywater Runoff Structures (bioswales, rain garden, or retention pond with adjacent decorative plantings that take the place of greywater runoff solutions)

Permeable Pavers for All Paved Surfaces (emergency vehicle lane may be paved with an impermeable material)

Note 3: Downtown District Building Materials

Front Courtyard (must be grass- or gardencovered, pathways may be hardscaped)

Triple-Paned Glass Windows

Rotary Doors

Bicycle Parking

Electrical Vehicle Charging Stations

Durable

*Needdefinitionforstructurallycompromised

Downtown District (DD) - all other areas

Intent: Preserve the architectural character of the downtown area (possibly with historic regulations) while allowing variety of use.

Building and Site Standards

Downtown District (DD) - all other areas

Design Standards (Commercial & Mixed Use)

Front Transparency

(Commercial Buildings, New Build)

On façades that front a street, windows shall comprise the following percentages of the façade area between two (2) and ten (10) feet above grade: 1. Office distribution and light industrial buildings - twenty-five (25%) percent. 2. All other buildings – forty (40%) percent.

3. Residential buildings - twenty-five (25%) percent. 4. Agricultural buildings - exempt

Design Standards (Commercial) See Note 1

Front Façade Materials See Note 3

Street Trees

Non-Monotony**

Located in front yard, corner yard, or tree lawn; one shade tree per 30 full feet of street frontage

25' max uninterrupted face

**No building constructed prior to 1950 shall be demolished in the Downtown District unless granted approval from the Planning Board, and the building is deemed to: 1. Be structurally compromised, 2. Have no economically viable use.

Note 1: Building and Site Design Standards

At least three (3) of the following different building or design features shall be provided:

Pedestrian Projection (Awning or Canopy)

Articulated Corner Facade (on corner lot only)

Raised belt Courses at Top and Mid-Point of Building

Decorative Brickwork on Front Facade

Green Roof or Solar Panel Installation

Enhanced Tree Canopy by Minimum 20% (beyond minimum tree plantings and landscaping required)

Note 2: Reserved

Green Infrastructure to Replace Greywater Runoff Structures (bioswales, rain garden, or retention pond with adjacent decorative plantings that take the place of greywater runoff solutions)

Permeable Pavers for All Paved Surfaces (emergency vehicle lane may be paved with an impermeable material)

Front Courtyard (must be grass- or gardencovered, pathways may be hardscaped)

Triple-Paned Glass Windows

Rotary Doors

Bicycle Parking

Electrical Vehicle Charging Stations

Note 3: Downtown District Building Materials

Cladding

*Needdefinitionforstructurallycompromised

Flex Employment District (FE)

Intent: Flexibility to combine light industrial, R&D, tech, office, commercial uses to provide maximum flexibility for a robust mix of employment uses and business amenities.

*WhereapropertyintheFEzoneisboundedonallsidesbypropertiesalsozonedasFE, thenthesidesetbackmaybedecreasedto20feet

Frontage Street

Innovation District (ID)

Intent: Accommodate the existing industrial and commercial uses while also permitting other employment and appropriate residential uses like live-work units and multi-unit structures in a manner that is flexible and compatible.

and Site Standards

Industrial District (I)

Intent: Allow for all uses of Flex Employment Zone as well as heavy manufacturing/ industrial.

and Site Standards

Educational and Institutional District (EI)

Intent:

Open Space & Parks District (OSP)

Intent:

Airport District (AD-A, AD-B)

Airport Overlay District (AD)

Intent: Accommodate the needs of Bozeman Yellowstone International Airport.

A. PURPOSE: In order to implement the provisions of Resolution #318, on file with Gallatin County, there are hereby created and established certain airport Land Use Districts. Which include all of the land lying within the approach zone, transitional zones, horizontal zones, and conical zones as they apply to the Airport.

1. Airport Land Use Districts shall not extend more than 10,000 feet out from the thresholds of the primary instrument approach runway or exceed one (1) mile in width on each side of the primary instrument approach runway and its extended centerline. Such Airport Land Use Districts are shown on the Official Airport Influence Area Map.

B. AIRPORT INFLUENCE AREA: No person may recover from local government damages caused by noise and vibrations from normal and anticipated normal airport operations within this area, effective the date of the Resolution #381.

C. PROCEDURES:

1. Resolution #381 contains procedures for variances, conditional uses, special conditions, and complaints and violations.

CHAPTER 3

Uses

Uses in General

10.3.1 USE TABLE

A. PRINCIPLE USES ARE ALLOWED AS SPECIFIED IN 10.3.4 .

10.3.2 INTERPRETING USE TABLE

A. USE CLASSIFICATION SYSTEM

1. Use Classification System Uses are listed in the first column of Table 10.3.4 This zoning ordinance classifies uses into categories and subcategories, as explained in (B). In some cases, specific use types are listed in addition to the use categories and subcategories.

B. PERMITTED USES

1. Uses identified with a “P“ are permitted as-of-right in the subject zoning district, subject to compliance with any supplemental regulations identified in the final column of Table 10.3.4 and with all other applicable regulations of this zoning ordinance.

2. Uses identified with a “P2“are permitted as-of-right in the subject zoning district but only above the ground floor. Such uses are prohibited on the ground floor.

C. CONDITIONAL USES

1. Conditional Uses identified with “C“ are allowed only if reviewed and approved as specified in 10.6.12 and subject to compliance with any

Uses in General

supplemental regulations identified in the final column of Table 10.3.4 , and with all other applicable regulations of this zoning ordinance.

D. PROHIBITED USE

1. Uses identified with an “–” are expressly prohibited. Uses that are not listed in the table and that cannot be reasonably interpreted as specified in 10.3.3.E to fall within any defined use category or subcategory are also prohibited.

E. REFERENCE

1. The final (“Reference”) column of Table 10.3.4 includes a cross-reference to the use definition and any applicable supplemental use regulations that apply to the use. Unless otherwise expressly stated, compliance with supplemental use regulations is required regardless of whether the use is permitted as-of-right or requires conditional use approval.

F. ACCESSORY USES

1. Table 10.3.4 identifies some types of accessory uses allowed in conjunction with principal uses. Other types of accessory uses may be allowed in conjunction with principal uses permitted by right or by conditional use approval. Accessory uses are subject to compliance with all applicable accessory use regulations as specified in Article IX of this Title.

10.3.3 CLASSIFICATION OF USES

A. GENERAL:

1. This section describes the system used to classify principal uses in this zoning ordinance.

B. USE CATEGORIES:

1. This zoning ordinance classifies principal land uses into ten (10) major groupings. These major groupings are referred to as “use categories.” The use categories are as follows:

a. Residential (see Article II )

b. Commercial (see Article III )

c. Industrial/Agricultural (see Article IV )

d. Health & Wellness (see Article V )

e. Public Uses (see Article VI )

f. Recreation (see Article VII )

g. Education & Childcare (see Article VIII )

h. Accessory (see Article IX )

i. Temporary (see Article X )

j. Other (see Article XI )

C. USE SUBCATEGORIES:

1. Each use category is further divided into more specific “subcategories.” Use subcategories to classify principal land uses and activities

Uses in General

based on common functional, product, or physical characteristics, such as the type and amount of activity, the type of customers or residents, how goods or services are sold or delivered, and site conditions.

D. SPECIFIC USE TYPES:

1. Some use subcategories are further broken down to identify specific types of uses that are regulated differently than the subcategory.

E. CLASSIFICATION OF USES:

1. The community development director is authorized to classify uses on the basis of the use category, subcategory, and specific use type descriptions of this article.

2. When a use cannot be reasonably classified into a use category, subcategory, or specific use type or appears to fit into multiple categories, subcategories, or specific use types, the community development directors is authorized to determine the most similar and, thus, most appropriate use category, subcategory or specific use type based on the actual or projected characteristics of the principal use or activity in relation to the use category, subcategory, and specific use type descriptions provided in this article. In making such determinations, the community development director must consider the following:

a. The types of activities that typically occur in conjunction with the use;

b. The types of equipment and processes to be used;

c. The existence, number, and frequency of residents, customers, or employees;

d. The type of building or structure (if any) in which the use is located;

e. Parking demands or the use; and

f. Other factors deemed relevant to a use determination.

g. If a use can reasonably be classified in multiple categories, subcategories, or specific use types, the community development director is authorized to categorize each use in the category, subcategory, or specific use type that provides the most exact, narrowest, and appropriate “fit.”

F. If a use can reasonably be classified in multiple categories, subcategories, or specific use types, the community development director is authorized to categorize each use in the category, subcategory, or specific use type that provides the most exact, narrowest, and appropriate “fit.”

For a key to Districts and District Abbreviations, see Table 10.2 .

Uses in General

Uses in General

10.3.4: Principal Use Table

Uses in General

Table 10.3.4: Principal Use Table

(continued)

10.3.4: Principal Use Table

10.3.5 APPLICATIONS AND PERMITS

All applications, permits, and approvals shall be obtained, and all applicable permit fees and impact fees, as per the City of Belgrade impact fee ordinance, shall be paid prior to construction or occupancy. Each Subsections specifies the application, permit, and necessary approval required.

Residential Uses

10.3.6 RESERVED

10.3.7 RESERVED

10.3.8 MODULAR

HOME

The meter base for incoming wiring must be attached to the exterior wall of the modular home. The units shall be listed and assessed by the county assessor as real or personal property.

10.3.9 RESERVED

10.3.10 TOWNHOUSE

STANDARDS

A. DEVELOPMENT CRITERIA:

1. Lot Area: The minimum width of any townhouse lot is twenty feet (20'). The remaining lot area normally required in the zoning district per dwelling unit shall be incorporated into usable and accessible open space and/or private or common vehicular access or parking area for the townhouse project site.

2. Dwelling Unit Access: Each townhouse unit shall have its own dedicated entrance and shall otherwise provide sufficient egress per the adopted Central Valley Fire Code

3. Parking and Access:

a. Parking Spaces: For townhouses with more than two (2) bedrooms, there shall be a minimum of one (1) parking space per bedroom required.

b. Location: Parking spaces may be provided on the lot of the townhouse or in a commonly owned and maintained offstreet parking bay or facility; provided that such a parking facility is easily accessible and of a reasonable distance from the townhouse unit it is serving (maximum of 100 feet).

I. Required parking spaces shall not be in any front or side yard except in a driveway.

II. Access drives to parking areas shall be allowed in front and side yards but shall not exceed thirty feet (30') in width at driveway throat (34’ at the outside of the driveway throat) except shared driveways may be a maximum of forty feet (40’) in width at the driveway throat (44’ at the outside of the driveway throat) if there is at least (20’) to the next driveway throat.

III. Construction: All permanent off-street parking spaces and access areas thereto shall be paved. Temporary exemptions for access approaches from the property line to the street surface may be granted based on public street paving schedules established by the city. Individual unit parking

Residential Uses

spaces and/or townhouse site parking bay facilities shall be designed and constructed according to stipulations set forth in Article 4 of this title.

c. Minimum Distance Between Driveway Throats:

I. Driveway Throats thirty feet (30’) wide or less

i. A minimum distance of ten (10) feet shall be maintained between all driveway throats that are thirty feet (30’) wide or less.

II. Driveway Throats more than thirty feet (30’) wide

i. A minimum distance of twenty (20) feet shall be maintained between all driveway throats that are more than thirty feet (30’) wide.

III. A minimum distance of forty feet (40') shall be maintained between all driveway throats (centerlines).

IV. Not more than one driveway throat shall be permitted per two (2) townhouses.

V. On corner lots, placement of driveway throats shall be at a minimum of ten feet (10') from the property line at controlled intersections and twenty feet (20') from the property line at

controlled (either signed or signal-lighted) intersections.

VI. Unsafe Or Hazardous Driveway Throat Prohibited: In no case shall any driveway throat be permitted which, in the opinions of the city engineer and city planner, may cause an unsafe or hazardous driving condition.

4. Utilities And Services:

a. Curb Stop And Valve: Water service shall have a curb stop and valve for each townhouse unit.

b. Easements: Necessary easements shall be indicated and recorded on the townhouse plat and be of a width that is satisfactory to the city engineer.

5. Design Of Utility Services:

a. All utilities shall independent, separate utility connections on each respective townhouse lot.

b. All utility services shall be designed for subdivisions that are platted for townhouse development at the time of plat submittal.

c. The city engineer and/or public works director shall review said utility plans with any necessary recommendations.

Residential Uses

6. Additional Standards:

a. Conversion: Conversion of existing structures to a townhouse project shall be avoided, except if all townhouse development standards, as outlined in this chapter, and the international Residential Code can be satisfied. If said requirements cannot be met, the conversion will be prohibited.

b. Building Permit: A legal subdivision plat shall be placed on the public records of Gallatin County prior to the issuance of any building permit within a townhouse development.

B. A site plan must be prepared and submitted as specified in 10.6.18 The site plan must be processed concurrently with the conditional use application.

C. TYPE OF PERMIT REQUIRED:

1. An applicant for a Townhouse must verify to the Community Development Department that it will meet the standards above and the currently adopted International Residential Code.

10.3.11 RESERVED

Commercial Uses

10.3.12 RESERVED

10.3.13 RESERVED

10.3.14 ADULT-ORIENTED BUSINESSES

A. APPLICATIONS AND PERMITS

REQUIRED:

1. A Conditional Use Permit is required as specified in 10.6.12 .

2. An adult-oriented business license issued by the city is required as specified in Title 2 of the City of Belgrade Codes of Ordinances.

B. SUPPLEMENTAL REGULATIONS:

1. Prohibited Locations: Adultoriented businesses that meet the required criteria to operate may be conditionally permitted in the Industrial (I) district;

a. Provided that the adult-oriented business may not be operated within three hundred feet (300’) of the following:

I. Church, synagogue, mosque, temple, or building which is used primarily for religious worship and related religious activities;

II. Public or private educational facilities including, but not limited to, childcare facilities, nursery schools, preschools, kindergartens, elementary schools, private schools, intermediate schools, junior high schools, middle schools,

high schools, vocational schools, secondary schools, special education schools, junior colleges, and universities; school includes the school ground, but does not include the facilities used primarily for another purpose and only incidentally as a school;

III. Public park or recreational area which has been designated for park or recreational activities, including, but not limited to, a park, playground, nature trails, swimming pool, reservoir, athletic field, basketball or tennis courts, skating rink, pedestrian/ bicycle paths, wilderness areas or another similar public land within the city which is under the control, operation or management of the city park and recreation authorities;

IV. Residentially zoned lot and devoted to residential use; or

b. Provided that the adult-oriented business is not within eight hundred feet (800') of another adult-oriented business.

c. An adult-oriented business may not be operated in the same building, structure, or portion thereof, containing another adult-oriented business.

Commercial Uses

2. Exterior Portions of Businesses:

a. Visibility From Outside: It shall be unlawful for an owner or operator of an adult-oriented business to allow the merchandise or activities of the establishment to be visible from a point outside the establishment.

b. Prohibited: It shall be unlawful for the owner or operator of an adult-oriented business to allow the exterior portion of the adult-oriented business to have flashing lights or any words, lettering, photo graphs, silhouettes, drawings or pictorial representations of any manner, except to the extent permitted by the provisions of this chapter.

c. Unpainted Exterior: Nothing in this chapter shall be construed to require the painting of an otherwise unpainted exterior portion of an adult-oriented business.

d. Violation: A violation of any provision of this section shall constitute a misdemeanor.

3. Signage

a. Signs advertising any sexually oriented adult entertainment establishment must conform with the requirements of Chapter 5 of this ordinance with the exception, however, that signs shall not depict specified sexual activities and/or specified anatomical areas

as defined in Chapter 8 of the municipal code, and provided further that no flashing or traveling lights may be located outside the building. The location and wording of such sign must be shown on the site plan.

4. Sale, Use, Or Consumption Of Alcoholic Beverages:

a. Prohibited: The sale, use, consumption, or possession of alcoholic beverages on the premises of an adult-oriented business is prohibited.

b. Violation: Any violation of this section shall constitute a misdemeanor.

5. Injunction:

a. A person who operates or causes to be operated an adult oriented business without a valid operator's license, or in violation of relevant sections of this chapter, is subject to a suit for injunction as well as prosecution for criminal violations. Each day that an adult oriented business so operates is a separate offense or violation.

Commercial Uses

6. Judicial Review:

a. Within thirty (30) days of a denial of an initial or renewal application by the city, or suspension or revocation of a license by the city, the applicant or licensee may seek prompt judicial review of such action in the district court of the eighteenth judicial district court, in and for the county of Gallatin, state of Montana.

C. CONDITIONAL USE REQUIRED:

1. Permit And License Required:

An adult-oriented business may be operated as a conditional use in the Innovation District (ID) districts subject to the provisions of this chapter and any other local, state, and federal laws, rules, and regulations. It shall be unlawful for any person to operate an adultoriented business without first obtaining a conditional use permit as specified in 10.6.12 . of this title and an adult-oriented business operator's license ("operator's license") issued by the city as hereinafter provided.

2. Conditions: Such conditional use permit is subject to the following:

a. Obtainment of a valid adultoriented business operator's license issued by the city;

b. Any person who operates an adult-oriented business and has employees who work and/or perform services on the premises of the adult-oriented business must, at all times, keep a current

list of all employees that will be provided to the city as described herein; and

c. Any person employed with an adult-oriented business must ensure their presence on a list of all employees to be provided to the city as described herein.

3. Defense: It shall be a defense to subsections 2b and 2c of this section if the employment is of limited duration and for the sole purpose of repair and/ or maintenance of machinery, equipment, or the premises.

4. Violations: Violations of any provisions within this section shall constitute a misdemeanor.

10.3.15 CASINOS

A. APPLICATIONS AND PERMITS REQUIRED:

1. A Conditional Use Permit is required as specified in 10.6.12

2. A Land Use Application is required as specified in 10.6.15

3. A City license issued by the city is required in accordance with Chapter ## Business License.

4. A State License is required.

Commercial Uses

B. LOCATION:

1. Casinos shall not be located within six hundred feet (600’) from the primary entrance, in any direction, of lots used for schools or churches as provided by state law.

2. Casinos shall not be located within three hundred feet (300’) from the primary entrance, in any direction, of a lot zoned for residential uses.

3. Casinos shall not be located within six hundred feet (600’) from the primary entrance, in any direction, of a public park.

10.3.16 COMMERCIAL KENNEL

A. APPLICATIONS AND PERMITS REQUIRED:

1. A Conditional Use Permit is required as specified in 10.6.12 .

2. A Land Use Application is required as specified in 10.6.15 .

3. A City license issued by the city is required as specified in Title 2 Business and License Regulations of the City of Belgrade Codes of Ordinances.

4. It is unlawful to own, keep, harbor, or maintain more than (2) dogs over six (6) months of age on one lot or tract of land within the city without a kennel license.

10.3.17

OVERNIGHT LODGING

A. No overnight lodging shall be located in the MU district within the Airport Influence area.

10.3.18

GARAGE, AUTOMOTIVE/ VEHICULAR REPAIR

Repair activity shall be conducted in enclosed places or screened from public view.

10.3.19 RESERVED

10.3.20

MARIJUANA BUSINESS

A. APPLICATIONS AND PERMITS REQUIRED:

1. A Marijuana Business Permit application is required as specified in 10.6.7 and specified in Title 2 of the City of Belgrade Codes of Ordinances.

2. An application for marijuana business must include a site plan, building plans, and such other information deemed necessary by the community development department.

a. The applicant must submit a copy of their state license(s) for the marijuana business.

I. If the applicant does not yet have a state license, conditional approval that the proposed marijuana business meets all other applicable requirements of the City

Commercial Uses

Code may be issued by the City.

3. Zoning & Land Use permits shall be obtained, and all applicable permit fees and impact fees, as per the City of Belgrade impact fee ordinance, shall be paid prior to construction or occupancy.

B. BUSINESS PERMIT REQUIRED:

1. General Applicability:

a. A marijuana business may not cultivate, grow, manufacture, test, transport, dispense or otherwise produce, handle, or sell marijuana or marijuana products without a state license and a final marijuana business permit approved and issued by the city.

b. The applicant shall provide proof of insurance for the marijuana business.

c. A marijuana business permit shall be valid for one specified location only.

d. A marijuana business permit shall only be valid for the type or types of marijuana business activities stated in the permit.

e. A marijuana business permit may not be transferred.

f. A marijuana business permit must be renewed annually.

2. Conditions of Permit:

a. As a condition of receiving a marijuana business permit, any authorized city employee, including but not limited to police, fire inspectors, building inspectors, city engineers, planning officials, zoning officials, and other employees or officials designated by the City Manager, may without notice during normal business hours inspect any premises under permit pursuant to this code to determine compliance with this code, the Montana Marijuana Regulation and Taxation Act, MCA 16-12-101 et seq., and any other state or local law, rule, or regulation. All persons authorized herein to inspect permit holders and marijuana businesses shall have the authority to enter, without a search warrant, during normal business hours, premises that require a marijuana business permit, premises holding a marijuana business permit, and premises for which the marijuana business permit has been suspended or revoked.

b. The city may deny, suspend, or revoke a marijuana business permit if the city has reasonable cause to believe the permit holder has, or the issuance of the marijuana business permit would violate a provision of this code or state law. The City Manager may suspend or revoke a marijuana business permit if a permit holder's state

Commercial Uses

license(s) have been suspended or revoked. A marijuana business permit shall remain suspended until a final adjudication on the state license, any penalty imposed by the state has been satisfied, and the state license has been reinstated. While a marijuana business permit or a marijuana state license is suspended or revoked, marijuana business is prohibited from engaging in marijuana business activities within the City of Belgrade's Zoning Jurisdiction. The operation of a marijuana business without a valid marijuana business permit issued by the city is unlawful. Any person operating a such marijuana business is subject to penalty as provided in Title 1, Chapter 4, City Code of Belgrade, and Title 45, MCA.

c. An applicant or permit holder may appeal any decision of the city to deny, suspend, or revoke a marijuana business permit to the 18th Judicial District Court. An appeal must be made by filing a complaint setting forth the grounds form relief, and the nature of the relief demanded with the district court within 30 days following the notice of the city’s action.

C.

GENERAL REGULATIONS:

1. State Code Compliance:

a. Compliance with 50-40-104 Mont.

Code. Ann. (Montana Indoor Clean Air Act) is required.

b. All signage associated with a marijuana business shall meet the standards of Chapter 5 of this Title and the Montana Marijuana Regulation and Taxation Act, MCA 16-12-101 et seq. In addition, no signage shall use the word "marijuana", "cannabis", or any other word or phrase commonly understood to refer to marijuana.

c. Words, phrases and expressions, not otherwise defined herein are subject to the definitions set forth in Section 16-12-102, MCA.

2. Activities Prohibited On Site:

a. Persons under the age of 21 shall be prohibited from entering a marijuana business.

b. The sale or consumption of alcohol within or on the premises of a marijuana business is prohibited.

c. Consumption of marijuana within or on the property of a marijuana business is prohibited.

d. Cultivation of marijuana is only permitted in marijuana production facilities that are in physically separate detached buildings.

Commercial Uses

3. Building Requirements:

a. All marijuana products shall be in a locked cabinet except when being accessed for distribution.

b. All marijuana business activities including dispensing, storage, testing, production and cultivation shall be conducted in a building equipped with a ventilation system that filters out the odors of the marijuana, so it is not detectable from the exterior of the facility or from any adjoining premises. All venting, filter, and lighting systems must comply with applicable city and state building, fire, mechanical, and electrical codes.

c. A marijuana business must comply with all state and local building, fire, electrical, food safety, and mechanical codes, rules, and regulations.

d. All marijuana businesses shall be equipped with a secure safe for storing marijuana not being actively cultivated when the facility is not open.

e. A marijuana business shall provide adequate security on premises. The minimum-security requirements include the following:

I. Security surveillance cameras are installed to monitor the main entrance along the interior and exterior of the

premises to discourage crime and facilitate the reporting of criminal acts and nuisance activities. The security video shall be preserved for at least 72 hours.

II. Robbery and burglar alarm systems monitored by a proprietary supervising station.

f. Product Visibility:

I. Marijuana and marijuana products, accessories, and associated paraphernalia shall not be visible from a public sidewalk, street, or right-of-way.

D. DISTANCE MEASUREMENT: For the purposes of this section, specified distances will be measured in a straight line, without regard to intervening structures from the property line of a public or quasipublic building (including schools), church, synagogue, or other places of worship, park, or residence, to the property line of the marijuana business.

E. PROHIBITED LOCATIONS:

1. Marijuana businesses shall not be located within 500 feet of the following:

a. Lots used for public or quasipublic buildings or churches as defined by Chapter 8 of this Title, or

Commercial Uses

b. Any residence, in any direction, located in R, N, RS, MR, and CL districts, or

c. in any direction, of Lewis and Clark Park.

2. No marijuana business shall be allowed in the following locations:

a. Within a residential zoning district.

b. Educational and Institutional (EI) district.

c. A building containing residential units at the time of establishment of the business.

d. A building that contains a hotel, motel, or any room for overnight lodging at the time of establishment of the business.

F. APPLICABILITY TO EXISTING OPERATIONS:

1. Marijuana businesses operating within the City of Belgrade's Zoning Jurisdiction in existence prior to the effective date of this Article, whether or not currently in possession of a marijuana business permit, shall comply with the provisions of this Article within six (6) months of the effective date of this Article.

Marijuana businesses operating outside of the City of Belgrade's Zoning Jurisdiction prior to the effective date of this Article, or in an area that does not have underlying zoning prior to the effective date of

this Article, shall comply with the provisions of this Article within (6) months of adoption of zoning by the city in such areas.

G. Nothing in this section shall be construed to create a private right of action regarding the acquisition, possession, cultivation, manufacture, delivery, transfer, transport, sale or dispensing of marijuana.

CHAPTER 3 , ARTICLE IV

Industrial / Agricultural

10.3.21 RESERVED

10.3.22 RESERVED

10.3.23 RESERVED

CHAPTER 3 , ARTICLE V

Health & Wellness

10.3.24 RESERVED

10.3.25 RESERVED

10.3.26 RESERVED

CHAPTER 3 , ARTICLE VI

Public Uses

10.3.27 PARKING GARAGE

A. NO PARKING GARAGE, PRIVATE OR PUBLIC SHALL BE LOCATED ON THE NORTHEAST SIDE OF MAIN STREET/ FRONTAGE ROAD IN THE DOWNTOWN DISTRICT.

10.3.28 RESERVED

10.3.29 RESERVED

CHAPTER 3 , ARTICLE VII

Recreation

10.3.30 RESERVED

10.3.31 RESERVED

10.3.32 RESERVED

10.3.33 RECREATIONAL VEHICLES AND TRAVEL TRAILER PARKS

A. APPLICATIONS AND PERMITS REQUIRED:

1. A Conditional Use Permit is required as specified in 10.6.12 .

2. A Land Use Application is required as specified in 10.6.15 .

3. A Building Permit is required in accordance as specified in 10.6.14 and Title 8 Building Regulations of the City of Belgrade codes of ordinances.

4. A Recreational Vehicles & Travel Trailer Parks license issued by the city is required as specified in Title 2 Business and License Regulations of the City of Belgrade codes of ordinances.

a. It shall be unlawful for any person to construct, alter, or extend any recreational vehicle and travel trailer park unless he holds necessary valid permits issued by the division of environmental sanitation, state department of health and environmental sciences, and the city building inspector.

B. PERMITTED USES:

1. Accessory uses related to park management and occupant need and enjoyment and according to the following schedule: management headquarters, recreational facilities, gift and souvenir shops, and other uses and structures customarily incidental to the operation of recreational vehicle and travel trailer parks.

2. Limitations On Other Uses:

a. Other uses may be allowed when approved by the city council and in conformity with the following limitations:

b. Such other uses, including parking areas for such other uses, occupy not more than ten percent (10%} of the total park area.

c. Such uses shall be restricted in use to occupants of the park or so located that the use will not interfere with the park use.

d. The use is permitted use of the district in which the park is to be located.

3. Temporary Uses: Recreational vehicle and travel trailer parks may be used for recreational vehicles, travel trailers, equivalent facilities in or on automotive vehicles, tents, or other short-term recreational shelter arrangements on a temporary basis only.

4. No intensive recreational use shall be permitted within one hundred feet (100') of any external boundary which adjoins or is separated only by a boundary street from land in any residence, estate, or agricultural zone; provided, however, that where permanent intervening open space at least one hundred feet (100') in width exists on adjacent property, this restriction will not apply.

C. DESIGN STANDARDS: Any person desiring to enlarge or establish a recreational vehicle and travel trailer park shall meet or exceed the following design standards:

1. Size: Minimum site size for recreational vehicle and travel trailer parks shall be two (2) acres.

2. Access: All recreational vehicles and travel trailer parks shall have access to an arterial or collector street with a right of way width of sixty feet (60') or more which is a through route for tourist traffic.

3. Entrances and exits shall be designed for safe and convenient movement of traffic into and out of the park and to minimize congestion of free-moving traffic on adjacent streets.

4. Setback: All facilities for recreational vehicles, travel trailers, or other temporary shelter apparatus shall be set back at least twenty-five feet (25') from all property lines. The area created

Recreation

by such setback shall be used for landscaping to screen recreational vehicles and travel trailer parks from adjoining properties as directed by the city council.

5. Streets:

a. Interior Streets: Interior streets within the park shall provide safe, convenient circulation without interference or hazard to general park activities.

b. Street Widths: Street widths should be of adequate widths to accommodate any contemplated parking and expected traffic load but, in all cases, shall meet the following minimum requirements:

c. Collector streets with guest parking, thirty-six feet (36') wide, face of curb to face of curb.

d. Collector streets with no parking, twenty-two feet (22') wide, face of curb to face of curb. These collector streets shall be signed with approved no parking signs.

e. Minor streets with no parking, twenty feet (20') wide, face of curb to face of curb. These minor streets shall be signed with approved no parking signs.

f. All dead-end streets shall be limited to a maximum length of five hundred feet (500') and shall be provided with a cul-de-sac of at least one hundred feet (100') in diameter.

g. Minimum access width to each manufactured home stand shall be twelve feet (12').

h. Paving: All streets in a recreational vehicle and travel trailer park shall be paved with a surface of bituminous surface mat or asphalt of three inches (3") over a subbase of a threefourths inch (3//) crushed gravel six inches (6") deep.

6. Service Areas: Accessory uses and service areas shall be located centrally in the recreational vehicle and travel trailer park. Service areas shall be provided in the following manner:

a. Toilet And Other Plumbing Fixtures: At least one service building containing the necessary toilet and other plumbing fixtures specified shall be provided in the park. Service buildings shall be conveniently located within a radius of approximately three hundred feet (300') of all spaces to be served. Laundry facilities shall be required in addition to the following. If commercial laundry facilities are conveniently located near the recreational vehicle and travel trailer park, the laundry facility requirement may be considered for a waiver by the city council.

b. Storage And Disposal Of Trash: Facilities for storage and disposal of trash and garbage in a sanitary manner shall be provided in each park.

c. Street And Yard Lights: Street and yard lights, attached to light structures approved by the city, shall be provided in sufficient number and intensity to permit the safe movement of vehicles and pedestrians at night and shall be effectively related to buildings, trees, walks, steps and ramps.

d. Parking: Parking for all uses within the recreational vehicle and travel trailer park shall be provided in accordance with chapter 4 of this title.

e. Fire Protection: The water supply system serving the recreational vehicle and travel trailer park shall be subject to the rules and regulations of the local fire prevention authority or the system shall meet the standards for adequate fire protection established by the national fire protections association standard NFPA 501 A, whichever is more stringent. Nonetheless, fire protections systems must be approved by the fire chief.

Table 10.3.33.C

Accessory Uses Education & Childcare

10.3.35 RESERVED

10.3.36 RESERVED

10.3.37 RESERVED

10.3.38 GENERAL APPLICABLE REGULATIONS

A. ACCESSORY USES AND STRUCTURES ALLOWED:

1. Accessory uses and structures are allowed only in connection with lawfully established principal uses and main buildings.

2. It is located on the same lot as the primary structure or use that it serves.

3. An attached or detached garage is not considered an accessory, and are subject to the lot and building regulations that apply to the principal building.

B. TIME OF CONSTRUCTION AND ESTABLISHMENT: Accessory uses and structures may be established only after the principal use of the property is in place.

C. LOCATION:

1. Accessory uses must be located on the same lot as the principal use to which they are accessory, except that required parking spaces may be located off-site in accordance with the off-site parking provisions of Chapter 4 of this Title.

2. Accessory structures may be located only in rear and side yards and shall comply with the current building code.

Accessory Uses

D. ACCESSORY BUILDINGS AND STRUCTURES:

1. At most, two (2) accessory buildings or accessory structures are allowed on the same lot, regardless of size.

2. The following requirements apply if an accessory structure’s ground floor is greater than 200 sq. ft. or when an additional accessory structure will make the cumulative ground floor square footage greater than 200 sq. ft. for all accessory structures located in residential district.

3. Applicable Regulations:

a. Accessory buildings and structures are subject to the same regulations that apply to principal uses and structures on the subject lot, unless otherwise expressly stated.

b. Accessory buildings attached by structures less than 24 inches in height or less (e.g., patios, walks, pergolas, decks without railing) are not considered part of the primary structure and are subject to accessory building and structure regulations.

4. Setback: Accessory structures must be set back at least eight (8) feet from the principal structure (this distance can be reduced as long as it meets fire protection requirements in current adopted building code), at least eight (8) feet from any side lot line, and least ten (10) feet from the rear yard lot line.

5. Maximum Height: The accessory structure shall not be taller than the primary structure or the maximum height permitted for the underlying zoning district, whichever is less.

6. Maximum Area:

a. Residential Districts except Agricultural District;

b. Total cumulative ground floor area of accessory structures shall not exceed 1,000 square feet.

c. Downtown Districts – lots less than .20 acres:

I. No maximum.

d. Downtown Districts – larger than .20 acres:

I. 600 square feet.

10.3.39 ACCESSORY DWELLING UNIT

A. A BUILDING PERMIT IS REQUIRED AS SPECIFIED IN 10.6.14 .

1. The ADU must meet all applicable building-related codes enforced by the City of Belgrade and the State of Montana Building Codes Bureau.

B. GENERAL REGULATIONS:

1. A maximum of one accessory dwelling unit (ADU) shall be permitted per single-family residential lot.

Accessory Uses

2. ADU approval shall be subject to the City’s Land Use and Building Permit processes and policies.

3. If an ADU’s entrance is separate from the principal structure entrance, the ADU entrance shall be located off the rear or side yards.

4. An ADU shall meet all size, height, setback, and lot coverage requirements of the zoning district in which it will be located.

5. The ADU’s living space shall be equipped with a kitchen, bathroom facilities, and a maximum of two bedrooms.

6. The property owner shall occupy either the primary dwelling or accessory dwelling unit as their principal residence.

C. DISTRICT REQUIREMENTS:

1. Rural Zone and Suburban Residential Zone

a. An ADU may be attached or detached from the main dwelling unit.

b. An ADU shall be limited to a maximum area of 1,000 sq. ft.

2. Neighborhood Zone

a. An ADU shall be attached to the main dwelling unit or located above a detached garage of a Single-Family home.

b. An ADU shall be limited to a maximum area of 800 sq. ft.

3. Mixed Use Center Zone, Commercial Corridor Zone, Downtown District, Flex Employment Zone, and Industrial Zone

a. A maximum of one ADU shall be permitted per lot for use by an owner, manager, guard, or caretaker.

b. A Recreational Vehicles (RV)and a camper trailer may only be used as a caretaker’s residence ADU in commercial districts.

I. RVs used in residential districts are subject to 10-3-7 Camping and RVs.

D. PARKING: One paved off-street parking space shall be provided for the exclusive use of the ADU, in addition to parking required for the principal residence or business.

E. GARAGE CONVERSIONS: An ADU may be permitted to be added above an existing garage, if structurally viable.

1. A garage shall not be permitted to be converted to an ADU, unless parking minimums can be met for both units.

Accessory Uses

10.3.40 BEEKEEPING AND APIARIES

A. GENERAL REGULATIONS:

1. Enclosures shall be within the rear or side yard, no closer than 10 feet from any lot line.

2. Any lot smaller than two (2) acres shall not exceed two (2) hives or enclosures for beekeeping.

3. Individual hives or enclosures shall not exceed five (5) feet in height and 20 cubic feet in size on any lot.

10.3.41 FALLOUT SHELTERS

A. GENERAL REGULATIONS

1. Fallout Shelters to protect human life during periods of danger may be constructed in or under any required yard, except that if constructed in a front yard or side yard, none of it shall protrude above the average grade of the lot.

2. A subterranean fallout shelter must be constructed within the boundaries of the property, and in the process of construction, no excavation or fill may come within three feet of an adjacent property.

10.3.42 HOME-BASED BUSINESSES/HOME OCCUPATIONS

A. PURPOSE: The home occupation regulations of this section are intended to allow residents to engage in customary home-based work activities, while also helping to ensure that neighboring residents are not subjected to adverse operational and land use impacts (e.g., excessive noise or traffic or public safety hazards) that are not typical of residential neighborhoods.

B. APPLICATIONS AND PERMITS REQUIRED:

1. A Home Business application is required as specified in 10.6.8

a. An applicant for a Major Home Occupation must verify to the Planning Department that the Major Home Occupation will meet the standards below.

I. The City Manager shall approve applications in compliance with the standards below.

i. The City Manager may impose reasonable conditions of approval, such as hours of operation and number of vehicles per day accessing the business.

ii. The conditions shall serve to prevent negative impacts on nearby residential property in order to maintain the residential

Accessory Uses

character of the neighborhood

2. Major Home Occupations that do not meet the standards below are subject to a Conditional Use Permit application as specified in 10.6.12 .

C. HOME OCCUPATIONS TYPES: TWO TYPES OF HOME OCCUPATIONS ARE DEFINED AND REGULATED UNDER THIS SECTION.

1. Minor Home Occupations: Minor home occupations are those in which household residents use their home as a place of work, with no employees, customers or clients coming to the site.

2. Major Home Occupations: Major home occupation are those in which household residents use their home as a place of work and either one non-resident employee or customer comes to the site.

D. EXEMPTIONS: THE FOLLOWING ARE NOT CONSIDERED HOME OCCUPATIONS. 1. Group Living 2. Family Day Care Homes 3. Bed & Breakfast

Short-Term Rentals

E. GENERAL REGULATIONS:

a. Home occupations shall be conducted only within the enclosed dwelling unit or garage area. A maximum of 25 percent of a principal structure or 75 percent of an accessory structure may be dedicated to the home occupation.

2. No accessory building may be built, altered, or used solely for the home occupation.

3. There shall be no exterior alterations that change the character of the dwelling.

4. No storage or display of materials, goods, supplies, or equipment related to the operation of a home occupation shall be visible outside any structure on the premises.

5. No stock in trade shall be displayed or sold at retail on the premises.

6. No use shall create smoke, odor, glare, noise, dust, vibration, fire hazard, electrical interference, excess trash, or any nuisance not normally associated with the usual residential use in the district.

1. Home occupations shall be considered an accessory use and shall be subject to the requirements of the district in which the use is located. In addition, the following regulations apply to both Minor and Major Home Occupations:

7. A home occupation shall be clearly incidental to the principal residential use of the building.

Accessory Uses

8. Stock in trade, including that which is provided on the premises, shall not require receipt or delivery of merchandise, goods, and supplies other than by United States Mail, similar parcel delivery service, or by private vehicle similar in size and weight to the U.S. Mail/other parcel delivery service vehicles.

9. No other person other than members of the family occupying the residence may be employed in the home occupation.

F. SUPPLEMENTAL REGULATIONS FOR MINOR HOME OCCUPATIONS: Minor home occupations are subject to all the requirements for a Home Occupation, except as modified by and in addition to the requirements below:

1. Minor Home Occupations shall not have exterior evidence of a home occupation.

G. SUPPLEMENTAL REGULATIONS FOR MAJOR HOME OCCUPATIONS: Major home occupations are subject to all the requirements for a Home Occupation, except as modified by and in addition to the requirements below:

1. Only one other person other than members of the family occupying the residence may be employed in the home occupation.

2. Signs allowed as specified in Chapter 5 of this Title.

a. A larger building sign or freestanding sign may be

approved as part of a Conditional Use approval.

3. Parking shall be restricted to existing parking spaces on the premises and on-street parking spaces adjacent to the premises.

4. The applicant shall state on the application the expected number of vehicles per day accessing the property related to the business.

5. The applicant shall state on the application the hours of operation of the business.

6. Retail sales of goods created or fabricated by the family residing on the premises (other than produce grown on the property) is permitted only as a Major Home Occupation, subject to all other requirements of the Conditional Use Permit.

10.3.43 RESERVED

10.3.44 RESERVED

10.3.45 KEEPING

OF CHICKENS

A. APPLICATIONS AND PERMITS REQUIRED:

1. A Chicken Keeping Permit is required in accordance with the following:

a. An applicant for Keeping of Chickens must verify to the community development department that the property

Accessory Uses

owner will meet all requirements and standards listed in this Section and in 4-7-1 under Title 4 Police Regulations.

B. GENERAL REQUIREMENTS:

1. Keeping of Chickens shall be permitted as an accessory use on a detached single-household parcel(s) within a residential zoning district.

C. THE MINIMUM LOT SIZE for a residential parcel containing the accessory use shall be 7,000 square feet.

D. The permitted number of chickens shall be six (6) female domestic chickens (hens) over the age of three months, or six (6) either sex domestic chickens under the age of three months, or any combination thereof not to exceed a total of six (6) chickens per permit holder.

E. SPECIFIC STANDARDS FOR CHICKENS:

1. No male chickens (roosters) over the age of three months shall be permitted.

2. No chickens shall be allowed to run at large within the corporate limits of the City of Belgrade. All chickens shall be contained within the permittee' s property boundary.

4. Chickens shall be secured within the chicken house from sunset to sunrise.

5. Chicken enclosures and houses shall be kept in a neat and sanitary condition at all times and shall be cleaned on a regular basis so as to prevent offensive odors.

6. Chickens shall have continuous access to adequate food and water.

7. Stored feed shall be kept in a rodent- proof and predator- proof container.

3. The permittee shall provide the chickens with a covered, predator-proof chicken house that is thoroughly ventilated and of sufficient size to admit free movement of the chickens. The chicken house shall be adjacent to and provide free access to the chicken enclosure. Chicken enclosures may be movable. Any heat source or electrical facilities installed in a chicken house shall comply with all adopted building and electrical codes of the City of Belgrade.

8. Chickens shall be maintained in a healthy condition. Ill chickens shall either receive appropriate medical care or be culled.

9. No chicken house or chicken enclosure shall be located in a front yard. No chicken house shall be located closer than 20 feet to any structure inhabited by someone other than the chicken owner, custodian, or keeper; nor closer than 10 feet to any neighbor's property line or public alley; nor closer than 20 feet from any property line along a public street or roadway. Chicken houses

Accessory Uses

may be movable but shall comply with all standards of this section.

10. No chicken shall be kept in a manner so as to create noxious odors or noise of a loud, persistent and habitual nature.

11. No chickens shall be slaughtered within the public view.

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 License and 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 mixeduse districts within residential units.

4. The use of Recreational vehicles as a short-term rental shall be prohibited.

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 (50FT) to a residential zoning district boundary or road right-of-way abutting any residential zoning district or within ten feet (10FT) of any road rightof-way. Such activities shall not occupy any required parking area or driveway;

2. Any outdoor storage area located closer than one hundred feet (100FT) to a residential district shall, if determined to be visible from such district, be screened by an opaque fence at least eight feet (8ft) 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;

Accessory Uses

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 (6FT) in height or other screening approved by the Board. Such screening shall be set back from residential districts at least six feet (6FT) 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.

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

Accessory Uses

(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:

I. The structure shall be enclosed on all sides and shall have a roof and doors.

II. Access doors must be able to be shut and locked at night.

III. Openings, windows, and vents must be covered with predator- and bird-proof wire of less than one (1) inch openings.

IV. 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.

Accessory Uses

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.

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.

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.

I. The Community Development Director may impose reasonable conditions of approval, such as hours of operation and buffers.

II. 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

Accessory Uses

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 rightof-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.

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.

I. 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.

Temporary Uses

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.

10.3.60 WIRELESS TELECOMMUNICATIONS FACILITIES

A. PURPOSE: The regulations of this section are intended to regulate mobile service facilities to the full extent allowed and other applicable laws. These regulations are not intended to regulate or authorize the regulation of mobile service facilities in a manner that is preempted or prohibited or other applicable laws.

B. APPLICATIONS AND PERMITS REQUIRED:

1. A Land Use Application is required as specified in 10.6.15.

C. APPLICATION REQUIREMENTS:

With the Land Use application, the applicant shall list the location of every tower, building, or structure within a reasonable proximity that could support the proposed antenna. The applicant must demonstrate that a technically suitable location is not reasonably available on an existing tower, building, or structure within such area. If another tower owned by another person within such area is technically suitable, applicant must show that an offer was made to the owner of such tower to co-locate an antenna on a tower owned by the applicant or reciprocal terms within the City, and the offer was not accepted. If such co-location offer has not been attempted by the applicant, then such other tower is presumed to be reasonably available. Community Development Director shall determine

specific application requirements from time to time. Any decision to deny a request to place, construct or modify a wireless telecommunication facility and/or tower shall be in writing and supported by evidence contained in a written record.

D. The following regulations apply to all wireless telecommunication facilities, except for small cell facilities, located outside of the public right-of-way. Facilities located in the public rightof-way must be consistent with the standards and requirements contained herein related thereto. Small cell facilities must be consistent with the standards and requirements contained in this section.

E. CONSTRUCTION STANDARDS: All wireless telecommunication facilities and support structures shall be certified by an engineer licensed in the State of Montana to be structurally sound and, at a minimum, in conformance with all applicable building codes.

F. NATURAL RESOURCE PROTECTION STANDARDS: The location of the wireless communication facility shall comply with all-natural resource protection standards established either in this Code or in other applicable regulations, including those for flood plain, wetlands, ground water protection, and steep slopes.

G. COLOR AND APPEARANCE STANDARDS: All wireless telecommunication facilities shall be painted a non-contrasting gray or similar color minimizing its visibility, unless otherwise required by the Federal

Communication Commission, Federal Aviation Administration, and/or by historical or architectural standards imposed under this Code. All appurtenances shall be aesthetically and architecturally compatible with the surrounding environment by the means of camouflage deemed acceptable by the City.

H. ADVERTISING PROHIBITED: No advertising is permitted anywhere upon or attached to the wireless telecommunication facility.

I. ARTIFICIAL LIGHTING RESTRICTED: No wireless communication facility shall be artificially lit except as required by the Federal Aviation Administration.

J. CO-LOCATION: All wireless telecommunication facilities shall be subject to the co-location requirements set forth in this Code.

K. ABANDONMENT: All wireless telecommunication facilities shall be subject to the abandonment requirements set forth in this Code.

L. SECURITY ENCLOSURE REQUIRED: All towers and equipment shelters shall be enclosed either completely or individually. The City and co-locators shall have reasonable access. No fence shall be required on top of a building or other structure if access to the roof or top of the structure or building is secure.

M. EXISTING VEGETATION AND BUFFER

PLANTINGS: Existing vegetation (trees, shrubs, etc.) shall be preserved to the maximum extent possible. Buffer plantings shall be located around the perimeter of the security enclosure as deemed appropriate by the Board. An evergreen screen may be required around the perimeter of the property in lieu of such buffer plantings.

N. ACCESS CONTROL AND EMERGENCY CONTACT: “No Trespassing” signs shall be posted around the wireless telecommunications facility, along with a telephone number of who to contact in the event of an emergency. Contact information must be kept current.

O. JURISDICTIONAL STUDY OF POTENTIAL PUBLIC SITES: In order to encourage the location of a wireless telecommunication facility on publicly owned property, the City shall undertake an identification of publicly owned properties that the City determines are suitable for such use. The City shall regularly update such identification and make the results of such available to the public.

P. EXEMPTION OF PROOF OF COLOCATION AVAILABILITY: Persons locating a wireless telecommunication facility upon a publicly owned property identified in the study mentioned above shall be exempted from the requirements herein regarding presentation of proof that co-location is not available. However, persons locating a wireless telecommunication facility on publicly owned property shall continue to be subject to the requirements (colocation design required) below.

Q. CO-LOCATION DESIGN REQUIRED:

No new tower shall be constructed in the City unless such tower is capable of accommodating at least one additional wireless telecommunication facility owned by another person.

R. TECHNICALLY SUITABLE SPACE:

Authorization for a tower shall be issued only if there is not technically suitable space reasonably available on an existing tower or structure within the geographic area to be served.

S. CESSATION OF USE:

1. All providers utilizing towers shall present a report to the City notifying it of any tower facility located in the City whose use will be discontinued and the date the use will cease. Such report shall be filed with the City thirty days prior to the cessation date. If at any time the use of the facility is discontinued for one hundred and eighty days, the Community Development Director (or their designee) may declare the facility abandoned. The 180day period exclude any dormancy period between construction and the initial use of the facility. The owner/operator of the facility and of the property will receive written notice from the City Manager (or their designee) and be instructed to either reactivate use of the facility within 180 days or dismantle and remove the facility. If reactivation or dismantling does not occur, the City will either remove the facility or will contract to have the facility removed and assess the costs to the private property owner.

2. The City must provide the wireless telecommunication facility owner and the private property owner 30-day notice.

3. After such notice has been provided, the City shall have the authority to initiate proceedings to either acquire the tower and any appurtenances attached thereto at the current fair market value at that time, or in the alternative, order the demolition of the tower and all appurtenances.

4. The City shall provide the wireless telecommunication facility owner and the private property owner with the right to a public hearing before the Zoning Hearing Board. All interested parties shall be allowed an opportunity to be heard at the public hearing.

5. After a public hearing is held the City may order the abatement or demolition of the tower. The City may require the private property owner to pay for all expenses necessary to acquire or demolish the tower.

10.3.61 SMALL CELL FACILITIES

A. INTENT: THESE STANDARDS ARE INTENDED TO:

1. Establish a clear, defined aesthetic standard for small cell antenna facility development throughout the city;

2. Establish a menu of design options;

3. Minimize unnecessary quantities of

new poles by encouraging colocation of small cell facilities;

B. APPLICABILITY:

1. These standards apply to all small cell antenna facilities for placement on City-owned and non-City-owned poles in the public right-of-way.

C. APPLICATIONS AND PERMITS REQUIRED:

1. A Land Use Permit is required as specified in 10.6.15 .

D. APPLICATION REQUIREMENTS:

1. Drawings: The applicant must submit fully dimensioned site plans, elevation drawings and structural calculations prepared, sealed, stamped and signed by a Professional Engineer licensed and registered by the State of Montana.

2. Drawings: must depict any existing wireless facilities, with all existing transmission equipment identified; other improvements; the proposed facility with all proposed transmission equipment and other improvements; and the boundaries of the area surrounding the proposed facility and any associated access or utility easements and setbacks.

3. Photo Simulations: For all

applications, photo simulations from at least three reasonable line-ofsight locations near the proposed project site are required as an appendix to the application. The photo simulations must be taken from the viewpoints of the greatest pedestrian or vehicular traffic. The angle between the viewpoints of the photo simulations must be at least 90 degrees or greater and provide a full profile depiction.

4. Equipment Specifications: For all equipment depicted on the plans, the applicant must include:

a. The manufacturer’s name and model number;

b. Physical dimensions including, without limitation, height, width, depth, volume and weight with mounts and other necessary hardware; and

c. Technical rendering of all external components, including enclosures and all attachment hardware.

5. Standards for All Small Cell Antenna Facilities:

a. Location:

I. Small cell antenna facilities may be attached to existing utility and/or light poles.

II. Small cell antenna facilities may be installed as integrated components of new poles.

III. A new pole is only permitted

to be installed on the public right-of-way if more than 100 feet from any existing utility and/or light pole or as a replacement of an existing utility and/or light pole.

IV. The City desires and encourages co-locations between limited numbers of multiple separate wireless service providers on the same support structure whenever feasible. If the applicant chooses to not colocate when options appear available, demonstrative proof must be provided as to why co-location is not feasible.

b. Obstructions: Any new small cell antenna facility and other improvements associated with a new facility must not obstruct:

I. Access to any aboveground or underground infrastructure for traffic control, streetlight or public transportation, including, without limitation, any curb control sign, parking meter, vehicular traffic sign or signal, pedestrian traffic sign or signal, or barricade reflectors;

II. Access to any public transportation vehicles, shelters, street furniture or other improvements at any public transportation stop, including, without limitation,

bus stops, streetcar stops, and bike share stations;

III. Access to above-ground or underground infrastructure owned or operated by any public or private utility agency;

IV. Access to any fire hydrant;

V. The flow of pedestrian traffic in regards to appropriate sidewalk spacing and applicable regulations of the Americans with Disabilities Act;

VI. Access to any doors, gates, sidewalk doors, passage doors, stoops or other ingress and egress points to any building appurtenant to the right-of-way; and/or

VII. Access to any fire escape.

c. Antenna: The antenna must be top-mounted and concealed within a radome that also conceals the cable connections, antenna mount, and other hardware. GPS antennas must be placed within the radome or directly above the radome not to exceed six inches. The radome or side-mounted antenna and GPS antenna must be non-reflective and painted or otherwise colored to match the existing pole.

d. Concealment: Applicants must conceal elements into the proposed design. Concealment will include approved camouflage

or shrouding techniques.

e. Utility Lines: New service lines must be routed underground whenever possible to avoid additional overhead lines. For metal poles, undergrounded cables and wires must transition directly into the pole base without any external junction box.

f. Lights: Unless otherwise required for compliance with FAA or FCC regulations, the facility shall not include any permanently installed lights. Any lights associated with the electronic equipment shall be appropriately shielded from public view. This subsection is not meant to prohibit installations on poles also mounted by streetlights or installations of luminaires or additional street lighting on new poles when required by the City

g. Generally Applicable Health and Safety Regulations: All facilities shall be designed, constructed, operated, and maintained in compliance with all generally applicable health and safety standards, regulations, and laws, including without limitation all applicable regulations for human exposure to electromagnetic emissions.

6. Standards for Small Cell Antennas Mounted on Existing Poles:

a. All equipment, other than the antenna(s), electric meter and disconnect switch, must be concealed within an equipment shroud not exceed 24 inches in diameter by 60 inches in height.

b. The equipment shroud must be installed no lower than 15 feet above ground level. The equipment shroud must be nonreflective and painted, wrapped, or otherwise colored to match the existing pole.

c. If mounted on the crown of an existing pole, new equipment may not cause an increase in the height of the existing pole of more than 5 feet.

d. It is preferred that equipment shrouds be mounted flush to the pole, subject to the pole owner’s approval. Standoff mounts are permitted for the equipment shroud but may not exceed 6 inches and must include metal flaps or wings to conceal the space between the shroud and the pole.

e. Cabling traversing the pole shall be covered using minimum 2 inches in diameter U-guard of steel or aluminum construction. Cabling entering and exiting the radio shroud must be adjacent to the pole.

7. Standards for Small Cell Antennas Mounted Within New and Replacement Poles:

a. Height:

I. New and/or replacement poles may have groundmounted cabinets for small cell antenna equipment.

II. New and/or replacement poles may have elevated equipment areas.

III. New and/or replacement poles shall not exceed 115% of the height of the existing pole to be replaced, 100% of the height of adjacent existing poles, or 39 feet, whichever is least.

IV. Diameter: New and replacement poles may not exceed 24 inches in diameter.

V. Poles:

i. The provider shall purchase the new or replacement pole and shall be responsible for the maintenance of the pole during the period of occupancy by the service provider; ownership of the pole will be vested with the City.

ii. New and replacement poles must match adjacent poles in style and form (round,

octagonal, fluted, tapered, etc).

iii. New and replacement poles must be constructed of aluminum or steel.

iv. New and replacement poles should be black in color, using Gloss Black #17038 per Federal Color Standard 595, unless another color and/or texture better imitates the existing pole.

v. New and replacement poles must include blank connections (handholds and J-hooks) for City permitted uses, such as cameras, food truck connections, wi-fi, and wayfinding signage or banners. Smart poles are considered to be a suitable replacement for both ornamental and wood poles.

VI. Street Lighting:

i. Where an existing pole includes a street lighting luminaire, the replacement pole must include a street lighting luminaire that matches the style of adjacent street lighting luminaires and is approved by the City.

ii. The replacement luminaire must direct light on the sidewalk and/or roadway, as appropriate, and not cause nuisance glare beyond the right-of-way.

iii. The lamp should be of a correlated color temperature, brightness, and lifespan approved by the City.

Equipment shelter house must meet all standards for an accessory uses in the FE, ID, I, EI, AD-A and AD-B (subject to FAA regulations) zoning districts.

permitted on any public property in any zoning district; permitted on any non-residential building in any zoning district; permitted on any residential building of four or more stories in any zoning district.

permitted

Vehicular access to the equipment shelter shall be provided via existing circulation system on the property and be paved with asphalt or concrete. Access required to rooftop.

Table 10.3.61

Zoning Districts Where Permitted

FE, ID, I, EI, AD-A and AD-B (subject to FAA regulations); also permitted on a public property in any zoning district.

FE, ID, I, EI, AD-A and AD-B (subject to FAA regulations);

10.3.62 SOLAR ENERGY FACILITY

A. APPLICABILITY:

1. These standards shall apply to the establishment of any new photovoltaic or solar thermal SEF within the city. Concentrated solar power systems shall be prohibited.

2. An SEF established prior to the effective date of this zoning code shall not be required to meet the requirements of this zoning code, however:

a. Physical modification or alteration to an existing SEF that materially alters the size, type or components of the SEF shall be subject to this zoning code. Only the modification or alteration is subject to this zoning code;

b. Substantial conformance review determinations shall not be considered major amendments to a project's existing permits; and

c. Routine operation and maintenance or like-kind replacements shall not require a zoning permit.

B. APPLICATIONS AND PERMITS REQUIRED:

1. A Land Use Permit is required as specified in 10.6.15

C. TIER DESCRIPTIONS: Solar energy facilities shall be divided into three (3) tiers that describe the intensity and

impact of the use on the property and adjacent properties.

1. Tier 1. Accessory solar energy facilities shall meet the following criteria:

a. It is an accessory use on the site that provides energy primarily for on-site use; and

b. It can be building-mounted or ground-mounted, including rooftop systems, buildingintegrated solar (e.g., shingle, hanging solar, canopy, new technology), or covered permanent parking or other hardscape areas.

2. Tier 2. Intermediate solar energy facilities shall meet the following criteria:

a. It is the primary use on the site or a secondary use that exceeds the size criteria for a Tier 1 SEF;

b. It provides energy for on-site or off-site use; and

c. It can be building-mounted or ground-mounted and may include rooftop systems, building-integrated solar, and covered permanent parking or other hardscape areas.

3. Tier 3. Large-scale solar energy facilities shall be characterized as large-scale, primary or secondary SEFs that provide energy for onsite or off-site use.

D.

STANDARDS FOR GROUND-MOUNTED SEFS:

1. Size: The maximum footprint for a ground-mounted SEF shall be as follows:

a. Tier 1:

I. Residential and mixed-use districts: Two thousand (2,000) square feet or twenty-five (25) percent of the lot size, whichever is less.

II. Agricultural, commercial, and public districts: Four thousand (4,000) square feet or twentyfive (25) percent of the lot size, whichever is less.

b. Tier 2.

I. Industrial Zone: Up to ten (10) acres.

c. Tier 3. Maximum size determined through special review process.

2. Height: The maximum height for a ground-mounted SEF shall be as follows:

a. Residential districts: Ten (10) feet.

b. All other districts: Twenty (20) feet.

3. Setbacks: Ground-mounted SEFs shall comply with the following setback standards:

a. All SEFs shall meet the setback requirements of the individual zoning district where they are located.

b. Tier 2 SEFs in commercial and industrial districts shall provide a 100-foot minimum setback between the edge of the SEF installation boundary and any residential district.

4. Tier 1 and Tier 2 SEFs shall not be located between the front building line and the street.

E. STANDARDS FOR BUILDINGMOUNTED SEFS:

1. Height:

a. Tier 1 SEFs shall be subject to the maximum height for the associated zoning district or a maximum of five (5) feet above the height of the roofline, whichever is less. Additional height may be requested through the special review process.

b. Tier 2 SEFS shall be subject to the maximum height for the associated zoning district or a maximum of ten (10) feet above the height of the building, whichever is greater. Additional height may be requested through the special review process.

F. PERMIT REQUIRED:

1. The following permit requirements are applicable to SEF systems. Complete permit submission requirements and processes are provided in Chapter 6.

2. Submission Requirements for Tier 2 and Tier 3 SEFs: Tier 2 zoning Land Use Permit and Tier 3 special review SEF applications shall include the following information:

a. A landscape plan showing all areas occupied by the facility, which are not utilized for access to operate and maintain the installation, planted, and maintained with a naturalized grass or other vegetation for the purpose of soil stabilization or other methods approved by the Building Official.

b. A storm water management plan showing existing and proposed grading and drainage demonstrating no net increase in runoff.

c. A maintenance plan for the continuing maintenance of the SEF, which may include, but not be limited to, planned maintenance of vegetation or ground cover, equipment maintenance, and plans for cleaning of solar panels if required.

d. A decommissioning plan with the information required in subsection H of this section.

3. Following approval, all permit holders shall be required to submit an annual compliance statement that confirms that the system is still active and compliant with the permit and that provides current owner and emergency contact information. This

requirement shall not preclude the city from undertaking a separate compliance report, where confirmation of data provided by the facility's operator is desired.

G. GENERALLY APPLICABLE STANDARDS:

1. Off-site facilities: When the SEF is located on more than one parcel, there shall be a proper easement agreement or other approved methods for the notification of all impacted parties.

2. Septic system avoidance: The SEF shall not be located over a septic system, leach field area or identified reserve area unless approved by the department of environmental quality;

3. Conformance to development standards for underlying zone. The SEF shall be ground mounted, or when located on structures, the SEF shall conform to the development standards for a principal structure in the zone in which such facilities and structures are to be located, except as otherwise provided herein.

4. Lighting: If lighting is required, it shall be activated by motion sensors, and be a fully shielded and downcast type where the light does not spill onto the adjacent parcel or the night sky.

5. The site shall comply with article III Landscaping in Chapter 4 of this Title.

6. The facility shall be enclosed by a six-foot tall fence (eight (8) feet if razor or barbed wire is to be used), barrier, or other appropriate means designed to prevent or restrict unauthorized persons or vehicles from entering the parcel(s). Fences or barriers shall incorporate wildlife friendly design. No barrier shall be required where projects employ full-time security guards or video surveillance.

7. Signs: Permanent or temporary commercial signs (including flags, streamers, or decorative items), shall be prohibited from being displayed on any SEF equipment. As appropriate and for emergency and safety purposes, SEF equipment shall display identification of the manufacturer, facility owner and/or operator, and an emergency contact number.

H. ABANDONMENT:

1. Applicability:

a. An SEF, other than a Tier 1 system, that ceases to produce electricity on a continuous basis for twelve (12) months shall be considered abandoned, unless the property owner or facility operator demonstrates by substantial evidence satisfactory to the city that there is no intent to abandon the facility.

b. A property owner or facility operator with an abandoned system shall follow the decommissioning plan to

remove the system. If the system was approved without a decommissioning plan, the property owner or facility operator shall remove all equipment and facilities and restore the site to original condition upon abandonment.

c. Facilities deemed by the city to be unsafe and facilities erected in violation of this section shall also be subject to this section.

2. Determination Of Abandonment:

a. Based on the information provided in an annual compliance statement or verified zoning complaint, the Building Official shall have the right to request documentation, and/ or affidavits from the property owner, regarding the system's usage and shall make a determination as to the date of abandonment or the date on which other violation(s) occurred. The Building Official shall submit the documentation and Building Official’s findings to the city council, property owner, and facility operator and schedule a public hearing for a determination of abandonment.

b. Upon a determination of abandonment or other violation(s), the city shall send a notice to the property owner and facility operator, indicating that the responsible party shall remove the SEF and all associated facilities,

and remediate the site to its approximate original condition within a reasonable timeframe established by the city, unless the city determines that the facilities must be removed in a shorter period to protect public safety. Alternatively, if the violation(s) can be addressed by means short of removing the SEF and restoration of the site, the city may advise the property owner and facility operator of such alternative means of resolving the violation(s).

c. If the property owner or facility operator does not comply, the city may remove the SEF and restore the site and may thereafter:

I. Draw funds from the bond, security, or financial assurance that was established during permitting, and

d. Initiate judicial proceedings or take other steps authorized by law against the responsible parties to recover only those costs associated with the removal of structures deemed a public hazard.

I. DECOMMISSIONING:

1. A decommissioning plan, compliant with MCA 75-26-301 where applicable, shall be prepared for Tier 2 and Tier 3 applications and submitted with Land Use Permit or special review application. The plan shall address the following;

a. Defined conditions upon which decommissioning will be initiated (e.g., end of land lease, no power production for twelve (12) months, etc.).

b. Removal of all non-utility owned equipment, conduit, structures, fencing, roads, and foundations, and restoration of property to condition prior to development of the SEF. This shall include a revegetation plan. The applicant may propose retaining some site improvements, such as roads and infrastructure, subject to landowner consent and city approval.

c. Timeframe for completion of decommissioning activities, not to exceed one year.

d. Description and copy of any lease or any other agreement with landowner regarding decommissioning.

e. Name and address of person or party responsible for decommissioning.

f. Plans and schedule for updating this decommissioning plan.

g. A professional engineer's estimated cost of decommissioning, the financial resources to be used to accomplish decommissioning, and the escrow agent with which the resources shall be deposited.

h. An agreement between the applicant and the city whereby:

I. The financial resources for decommissioning shall be in the form of a surety bond or letter of credit and shall be deposited in an escrow account with an escrow agent acceptable to the city.

II. The city shall have access to the escrow account funds for the expressed purpose of completing decommissioning if decommissioning is not completed by the applicant within one year of the end of project life, inoperability of individual WECS turbine, or facility abandonment. Escrow funds may be used for administrative fees and costs associated with decommissioning.

III. The city is granted the right of entry onto the site, pursuant to reasonable notice, to effect or complete decommissioning.

IV. The city is granted the right to seek injunctive relief to effect or complete decommissioning; to seek reimbursement from applicant, operator, or their successor(s) for decommissioning costs in excess of the amount deposited in escrow; and to file a lien against any real estate owned by applicant, operator, or their successor(s), or in which they have an interest, for the amount of the excess, and to take all steps allowed by law to enforce the lien.

V. Before final electrical inspection, provide evidence that the decommissioning plan was recorded with the Belgrade city clerk

CHAPTER 4

Generally Applicable Standards

Generally Applicable Standards

10.4.1 FENCE, HEDGES, AND WALLS

A. APPLICABILITY: Unless otherwise expressly stated, fences, hedges, and walls provided to meet regulations of this Title are subject to the regulations of this section.

B. LOCATION:

1. Fences, hedges, and walls in any district shall be located on or within the boundary lines of the property owner unless approved otherwise in writing by the Zoning Official upon consent from the affected adjacent property owner.

2. Fences or walls adjacent to a sidewalk or trail shall be set back

a minimum of three feet from the back of the sidewalk/trail or placed along the property line, whichever distance is greater. Fences may not be located within the vision triangle when the fences are abutting the intersection of two streets.

3. It shall be unlawful for any fence, hedge, or wall to create an unsafe or dangerous obstruction or condition on a property. This includes a fence, hedge, or wall that obstructs reasonable access to the utility, irrigation, or drainage equipment, structures, or facilities located within a dedicated easement or right-ofway by persons who are entitled to gain access to such equipment, structures, or facilities.

Generally Applicable Standards

C. HEIGHT:

1. Fences, hedges, and walls shall not exceed six feet in height in any side and rear yards.

2. Fences shall not exceed four feet in any front yard as defined in this code. An exception to the height restrictions will be granted for fences used in an agricultural pursuit to retain stock animals.

3. In the case of a fence erected on top of a retaining wall, the height shall be measured from the top surface of the wall to the ground on the high side of the wall.

D. MATERIALS AND CONSTRUCTION:

1. The finished surface of a fence shall face adjacent property owners or the street frontage. Non-decorative elements such as fence posts and supporting structures shall face inward when visible on one side, not outward.

2. Barbed wire, or any other sharp fencing material, shall be permitted to be erected and maintained in any district in or out of the City limits for an undeveloped and unplatted property that is used for grazing farm animals that the City Council has approved as per exemption in Section 4-1-8 of the Belgrade City Code. The barbed wire shall be removed when required by the City Council.

3. Electrically charged fences shall be permitted only in the R, FE, or I Districts.

4. When electrically charged fences are used in the R, FE, or I Districts, such fence shall be posted with warning signs at intervals not to exceed 150 feet where such fences are adjacent to public rights-ofway.

5. All fences, hedges, and walls shall be maintained in good condition at all times. All fences and walls shall be neatly finished and repaired, including all parts and supports.

10.4.2 LIGHTING

A. INTENT: These standards shall serve to manage and/or limit outdoor lighting in order to mitigate against light pollution, light trespass, and glare; to conserve energy and protect natural resources; and to facilitate the safety and security of persons and property.

B. APPLICABILITY:

1. The lighting standards herein shall apply to the following:

a. All exterior lighting fixtures within the city of Belgrade, installed after the effective date of this code, regardless of zoning classification or ownership, shall comply with the requirements of this chapter unless expressly exempted herein.

b. Streetlights installed prior to adopting the ordinance from which this title was derived shall be replaced with a compliant

Generally Applicable Standards

luminaire when the streetlight becomes inoperable.

c. All exterior lighting fixtures established or permitted as of the date of this code shall be brought into conformance with the standards herein within one year for multifamily, commercial or industrial properties and three years for residential properties.

C. EXEMPTIONS:

1. The following types of lighting shall be exempt from the standards of this chapter:

a. Federally-funded and statefunded roadway construction projects shall be considered exempt from the ordinance from which this title was derived only to the extent necessary to comply with state and federal requirements.

b. Full cutoff street lighting, which is part of a federal, state, or municipal installation.

c. Holiday lighting and other seasonal decorations shall not require shielding provided they are not in use for more than 75 consecutive days.

d. Specialized lighting necessary for safety, such as navigation or runway lighting of airports, temporary lighting associated with emergency operations, roadway hazard warnings, etc.

e. Traffic control signals and devices.

f. Sports field lighting, subject to the provisions contained in the general standards.

g. Lighting of the United States flag pursuant to U.S. Flag Code guidelines.

h. Motion-activated, intermittent home security lighting within residential zones.

D. GENERAL LIGHTING STANDARDS:

The following general standards shall apply to all outdoor lighting fixtures and accent lighting unless otherwise exempt:

1. All light trespass shall be prohibited.

2. All area lights, including streetlights and parking area lighting, shall be full or semi cut-off fixtures.

3. In all zones, except residential districts, accent lighting shall be directed downward onto the illuminated object or area and not upward into the sky or onto adjacent properties. Direct accent light emissions shall not be visible above the roofline, building, or other associated structures.

4. Canopy lights shall be recessed sufficiently so that no light spills onto adjacent property or rights-ofway.

Generally Applicable Standards

5. Illumination levels and uniformity ratios shall be in accordance with current recommended standards set by the Illumination Engineering Society of North America (IESNA), and not exceeded.

6. The developer or builder shall be required to verify to the city in writing that all outdoor lights were installed as described on the approved photometric plans.

7. All non-essential exterior commercial and residential lighting shall be turned off after business hours or when not in use.

8. Outdoor lighting fixtures and accent lighting shall not illuminate nonnavigable public bodies of water.

9. All radio, communication, and navigation towers that require lights shall have dual lighting capabilities. For daytime, a white strobe light may be used, and for nighttime, only red lights shall be used.

10. Uplighting is prohibited, except in cases where the fixture is shielded by a roof overhang or similar structural shield from the sky. A licensed architect or engineer has stamped a prepared lighting plan that ensures that the light fixture(s) will not cause light to extend beyond the structural shield except as specifically permitted in this chapter.

11. New and existing service stations shall have lighting levels no greater than thirty footcandles, as set by the IESNA for urban service stations.

Existing service stations shall comply with this standard within one year of the effective date of this code.

a. Illumination for outdoor recreation facilities shall conform to the shielding requirements of this chapter, except when such shielding would interfere with the intended activity (including but not limited to baseball, softball, and football). For such facilities, partially shielded luminaries shall be permitted and shall operate only with a permit from the city, recognizing that steps have been taken to minimize glare and light trespass. Where fully shielded luminaries are required, the light fixtures shall conform to light trespass requirements. Illumination for outdoor recreation facilities shall be turned off between 10:00 p.m. and 6:00 a.m.

10.4.3 LANDSCAPING, SCREENING, AND BUFFERING

A. PURPOSE AND INTENT: This section comprises requirements for general landscaping and buffer yards; parking lot landscaping; foundation landscaping; street trees, vision clearance; and irrigation and maintenance.

1. The overarching purpose of this chapter is to accomplish the following:

Generally Applicable Standards

a. Improve the compatibility of different land uses by providing a buffer between those uses of differing character;

b. Enhance the beauty of the city;

c. Protect the character and stability of different uses of property;

d. Preserve the value of lands and buildings;

e. Diminish the spread of noxious weeds and re-establish native plants;

f. Reducing the volume and rate of flow of stormwater runoff;

g. Improve the quality of stormwater runoff water;

h. Reduce urban temperatures; and

i. Promote more sustainable use of resources dedicated to landscape maintenance.

B. APPLICABILITY: The provisions of this chapter shall apply to public and private development on property located in all zoning districts when a building permit is required.

C. PROCEDURE:

1. Any person seeking a building permit for new construction or a building or parking lot expansion of greater than 50% shall submit a landscaping plan, which shall include the following:

a. The location, size, description, and quantity of landscaping materials and areas proposed, demonstrating compliance with the requirements of this chapter.

b. The location and size of any existing and proposed structures on the lot.

c. The location and description of proposed buffering/screening as required.

2. An applicant may request a variance from landscaping standards to permit a variation from the requirements of this chapter. If the board of adjustment determines that a variance is appropriate, the Board may require alternative landscaping, architectural, or other mitigating features as deemed appropriate under the circumstances.

3. No building permit or conditional use permit shall be granted or issued until final approval of the landscaping plan.

4. A property occupancy certificate shall be issued once the landscaping is completed or financially guaranteed.

a. For sites smaller than one-half (0.5) acre, installation of all landscaping in compliance with the approved landscaping plan shall be confirmed by a site visit or photo evidence of fully installed landscaping.

Generally Applicable Standards

b. For sites larger than one-half (0.5) acre, assurance of landscaping installation shall be provided in the form of:

I. A bond in the amount of one hundred fifty percent (150%) of the cost of completion of the landscaping, provided to the City. The cost of completion of landscaping shall be determined by a professional landscaping business approved by the City.

II. The bond shall be in the form of cash, certificate of deposit, letter of credit issued by a federally insured lending institution, completion bond issued by an approved insurance or bonding company, or in such other manner as shall be approved by the City. In the event that the landscaping still needs to be completed according to the approved plan within one year after the issuance of the certificate of occupancy, the City may obtain the proceeds from the bond and contract to have the landscaping completed. The applicant shall be responsible for the entire cost of completing the landscaping, including any cost in excess of the amount of the bond.

D. INSTALLATION AND MINIMUM PLANTING REQUIREMENTS:

1. Drought-Tolerant Species Required:

A landscape plan shall provide 75% or greater of the proposed trees and shrubs as drought-tolerant species as defined in the latest editions of the Montana Nursery and Landscape Association’s Drought Tolerant Plans for the Montana Landscape or on a list adopted by the City of drought tolerant species for purposes of this section.

a. Lawn Area: Grassy areas shall utilize species that are well adapted to the growing conditions of Gallatin County, Montana.

b. Ground Cover: In lieu of grass (native-species) of low-growing ground cover plants, preferably drought tolerant, may be used as a more sustainable alternative.

c. Trees: Trees interior to the lot shall be a minimum height of eight (8) feet and a minimum diameter of one and one-half (1 ½) inches at the time of planting.

d. Shrubs: All shrubs shall be a minimum of eighteen (18) inches in height at time of planting.

e. Except as otherwise noted in this section, at least fifty (50) percent of landscaped areas created to meet the requirements of this section shall be landscaped with living plant materials such as grass, wildflowers, perennials, groundcover, or shrub plantings. Plant material used for groundcover and shrub plantings shall be spaced to cover at least half of this area when mature.

Generally Applicable Standards

f. Remaining required landscaped areas not landscaped with living plant materials shall be landscaped with non-living landscape materials, including but not limited to bark, gravel, rock, decorative integrally colored stamped concrete, brick, landscape pavers, and other similar materials.

2. Fences & Walls: Fences and walls utilized to meet the buffer yard standards shall be architecturally compatible in color and design with the structure located on the property subject to the buffer yard standards.

a. Fences and walls shall not exceed seven feet in height in the side and rear yards.

b. Fences and walls shall not exceed four feet in any front yard.

3. Landscaping: Landscaping shall be permitted within the required front, side, and rear setback areas. No landscaping shall be placed within public rights-of-way without obtaining written approval from the City.

4. Landscaping Strip:

a. There is a minimum requirement for a fifteen-foot (15’) wide landscaping strip adjacent to and along all streets and avenues.

I. Excluding driveways that may not exceed thirty feet (30’) in width in the Neighborhood Residential district; or

II. Excluding driveways that may not exceed forty feet (40’) in width in the MixedUse Zone, Commercial Corridor, Downtown District, Flex Employment, Industrial Zone, OPS, Mixed Residential, and Community Living.

b. There shall be at least 10 feet of separation between driveways that are 30 feet (30’) or less in width and at least (20’)of separation between driveway throats that are more than thirty feet (30’) in width.

E. FOUNDATION LANDSCAPING STANDARDS:

1. All foundations shall be wrapped by an adjacent planting strip at least five feet in width. Plantings shall comprise native decorative long grasses, shrubs, flowers, or edible plants planted at the minimum planting distance.

2. Where the foundation immediately abuts a sidewalk, a foundation planting strip is not required.

F. STREET TREE REQUIREMENTS:

1. The installation of street trees shall be required for all new construction.

2. Street trees shall be provided within a five-foot wide tree lawn; the tree lawn boulevard shall be provided either between the public street and sidewalk with

Generally Applicable Standards

the approval of the Public Works Department or on the interior of any lot line adjacent to a public street.

3. Trees shall be provided at a rate of one per 40 feet of street frontage.

4. Tree plantings shall be native to Gallatin County, Montana.

5. Street tree plantings shall be clearly indicated on the landscape plan.

G. BUFFER YARD STANDARDS:

1. Applicability: Buffer yards shall be required between adjoining incompatible uses as outlined in Table 10.4.3.G.1 , except for:

a. Any area occupied by structures, paving, walkways, decks, or patios;

b. Any portion of a lot that retains a mature tree canopy that is undisturbed from construction or site improvement activities, as determined by the community development department;

c. Where landscaping would conflict with access to utility infrastructure; however, groundcover shall be planted provided it does not interfere with utility infrastructure as determined by the City Engineer;

d. Between adjacent sites with shared parking;

e. Where common driveways or vehicular access easements are located on the property line; or

f. Where buildings are located side-by-side or on a property line.

2. Location:

a. Buffer yards shall be located on the side and rear lot lines extending into the yard or setback, depending on the size of the lot. Buffers shall not extend into, or be located within, any portion of an existing public right-of-way.

b. The buffer yards specified shall be provided on each lot independent of adjoining buffers.

H. PARKING LOT LANDSCAPING REQUIREMENTS:

1. All surface, off-street parking lots shall comply with the requirements of this section.

2. The minimum number of trees shall be at least one per 100 square feet of landscaped parking lot area. Trees that are part of a buffer yard shall not count toward meeting this minimum.

3. Whenever possible, parking lots larger than 30,000 square feet shall be designed to break up their visual expanse and create the appearance of smaller parking lots. This distinction or separation can be achieved by interspersing yard space and buildings in strategic areas and taking advantage of natural features such as slopes,

Generally Applicable Standards

Table

10.4.3.G.1: Buffer Yard Types by Zones/Uses

5 Within a mixed zone, any fully residential use located next to a full non-residential use shall be required to maintain the same buffer yard as that between a residential and mixed zone, i.e. buffer yard standard B.

Table 10.4.3.G.2: Buffer Yard Standards

Trees: 2

Shrubs: 6 A wooden or masonry fence may be substituted

Trees: 3

Shrubs: 9

Trees: 4

Trees: 5

20'

6 Minimum number of trees/shrubs per 100 linear feet of buffer yard

Shrubs: 15

Shrubs: 12 An earthen berm no less than 10 feet in width with a rise over run of 1:3 feet, planted with shrubs and trees at the ridge of the berm.

Figure 5: Buffer Yard Example

Generally Applicable Standards

existing woodland or vegetation, drainage courses, and retention areas.

4. One parking island shall be provided for every 40 parking spaces.

5. Parking islands shall be dispersed throughout the parking area. The minimum parking island size should be 200 square feet, with one tree planting per 200 square feet of the peninsula, with a 2' minimum distance between all trees or shrubs and the edge of pavement where vehicles overhang and a minimum width of 10 feet. Parking peninsulas shall be a minimum of six feet in width.

6. A parking peninsula with a planted bioswale, which is continuous throughout the width of the parking lot, shall be permitted instead of a parking island, provided at a rate of one peninsula per 60 parking spaces. Where a peninsula with a planted bioswale is provided, a 20% reduction in the minimum number of parking spaces shall be permitted. A landscape architect shall design the bioswale, and a maintenance document shall be provided with the landscaping plan when a bioswale is installed.

I. VISION CLEARANCE REQUIREMENTS:

1. All landscaped areas shall comply with the clear vision standards for intersections and driveways, including the allowed height and placement of fences, walls, signs,

landscaping materials, and other objects within the clear vision triangle(s).

J. IRRIGATION AND MAINTENANCE REQUIREMENTS:

1. All newly planted and relocated temporary or permanent irrigation systems shall water live plant cover until such time as they are established and subsequently on an as-needed basis in compliance with existing water restrictions.

2. All live plant cover in landscaped areas shall be controlled by pruning, trimming, or other suitable methods so as not to interfere with public utilities, restrict pedestrian or vehicular access, or otherwise constitute a traffic hazard.

3. All landscaping elements shall be kept free of weeds, debris, and litter and, whenever necessary, replaced with new landscaping to ensure continued compliance with this chapter.

4. All walls and fences shall be maintained in good condition and, when necessary, be repaired or replaced.

5. The property owner shall be responsible for compliance with this chapter.

Generally Applicable Standards

10.4.4 PARKING, LOADING, AND DRIVE-THRUS

A. APPLICABILITY: Off-street parking and loading spaces shall be provided for uses that are established, enlarged, extended, or moved onto any lot after the effective date of these zoning regulations or of a subsequent rezoning or other amendment establishing or increasing parking or loading requirements for the uses. When an expanded use results in an increase of more than 20% in the number of currently required parking spaces, additional parking shall be provided for the additional space based on the standards of this chapter.

B. PARKING SPACE COUNT: The minimum number of provided parking spaces shall be provided per the table below:

C. PICK-UP AND DROP-OFF PARKING SPACES:

1. Any use which provides delivery or pick-up of goods or services, or fulfillment of online orders, shall designate at least one pick-up/ drop-off parking space.

2. Where it is anticipated that 50% or more of sales will be generated from pick-up orders, delivery, or the fulfillment of online orders, an additional three pick-up and dropoff spaces shall be designated.

3. Pick-up and drop-off parking spaces shall be counted within the minimum required parking, shall be striped with a different color than other parking spaces, and shall be clearly signed and striped to state that they only serve pick-up, dropoff, and rideshare activity.

Table 10.4.4

Uses - Single Family 2 spaces per dwelling unit or one space per bedroom which is greater Residential UnitsTownhouse Minimum 2 off-street spaces for a townhouse unit. A Townhouse with more than 2 bedrooms, requires an additional space per bedroom.

Residential Uses - Multifamily and apartments 2 spaces per dwelling unit. Dwelling units with three (3) bedrooms, a minimum of two and a half (2.5) off-street parking spaces. Dwelling units with more than three (3) bedrooms, minimum of one (1) parking space per bedroom required.

Commercial Uses (Including Office Uses) 0.5 spaces per person at full capacity; or 1 space per 500 GFA, whichever is less

Industrial Uses 1 space per anticipated employee

Parking spaces shall be at most 90% of the maximum per-person capacity of the building or site.

1 bicycle parking space per 5 car parking spaces, with a maximum of 5 bicycle parking spaces required.

Mixed-use Building 1 space per 600 GFA 1 bicycle parking space per 5 car parking spaces, with a maximum of 5 bicycle parking spaces required.

Public Uses Decided per administrative approval

All uses in Downtown District (all sub-areas) None required

Parking spaces shall be at most 60% of the maximum per-person capacity of the building or site.

1 bicycle parking space per 5 car parking spaces, with a maximum of 5 bicycle parking spaces required.

Generally Applicable Standards

4. Pick-up and drop-off spaces shall be the closest parking spaces to the building entrance with the exception of parking spaces for disabled persons

D. PARKING SPACE AND DRIVEWAY DIMENSIONS:

1. Parking spaces shall be a minimum of 9 feet in width and 18 feet in length.

a. 10% of spaces shall be 10 feet in width and 20 feet in length in order to accommodate larger passenger vehicles like trucks and camper vans.

b. Up to 50% of spaces may be utilized for compact cars, which shall have a minimum dimension of 8 feet in width and 16 feet in length.

2. Driveways shall be a minimum of 24 feet wide and shall be long enough so that no vehicle parked on the property extends into the right-ofway, either the sidewalk or road.

3. Drive aisles should be a minimum of 24 feet wide.

E. SHARED PARKING SPACES:

1. Nothing in this chapter shall be construed to prevent the joint use of off-street parking for two (2) or more buildings or uses on the same parcel of land if the total of such spaces, when used together, is not less than the sum of the requirements for the individual uses computed separately.

2. A City zoning official may administratively permit shared parking, and may also permit a reduction of the combined parking requirement by up to 25 percent where the property owner provides written evidence, such as a lease or condominium bylaws, which limits the hours of operation of individual tenants to ensure that peak parking demands do not exceed the number of parking spaces present.

F. LOCATION OF PARKING AREAS:

1. Townhouse:

a. Parking spaces may be provided on the lot of the townhouse or in a commonly owned and maintained off-street parking bay or facility; provided that such parking facility is easily accessible and of a reasonable distance from the townhouse unit it is serving (maximum 100 ft.)

b. Required parking spaces shall not be allowed in front or side yards, but shall not exceed thirty feet (30’) in width at the curb except shared driveways may be a maximum of forty feet (40’) in width if there is at least (20’) to the next driveway throat or driveway.

2. All Other Uses:

a. No parking area may be situated closer to the front lot line than any front-facing exterior wall of any principal structure(s) on the same lot.

Generally Applicable Standards

b. For any parking area on a lot without a principal structure, the parking area may not be closer to the front lot line than any front-facing exterior wall of any principal structure on any side-adjacent lot(s). For this requirement, a side-adjacent lot is a lot that abuts the lot in question and fronts the same street or streets as the lot in question.

c. This provision does not prohibit vehicles from parking upon a driveway, even when such driveway is closer to a front lot line than any front-facing exterior wall of any principal structure(s) on the same lot.

d. Parking may be located off-site as long as it is within 600 feet of an entrance to the building or site, connected by a paved pedestrian walkway.

e. If the off-site parking is not under common ownership with the property for which the parking is provided, then a legal covenant permitting the use of the off-site parking shall be provided to the City.

G. PEDESTRIAN WALKWAYS:

1. Pedestrian walkways shall be provided within the vehicle use space of all parking areas and drivethru facilities, as follows:

2. Pedestrian walkways shall connect adjacent sidewalks on each street frontage with the entrance(s) of the

establishment, and pedestrian walkways shall connect parking areas for the establishment’s employees and visitors with the entrance(s) of the establishment.

3. The pedestrian walkways shall be at least four (4) feet wide and unobstructed by vegetation, parking spaces, steps, utility poles, and other permanent objects. On lots with one or more commercial use(s), pedestrian walkways shall be at least five feet in width. They shall be paved with a material that meets or exceeds the Americans with Disabilities Act accessibility requirements.

4. If the pedestrian walkways are abutting or within a vehicle-use area, the pedestrian walkways shall be clearly marked and distinguished with reflective pavement markings. Vehicleuse lanes within parking areas should be designed to avoid such pedestrian walkways.

5. If a vehicle-use lane crosses a pedestrian walkway, the pedestrian walkway shall be constructed so that its elevation is at least four inches higher than the elevation of the vehicle-use lane. To cross such an elevated pedestrian walkway, vehicles shall mount the elevated pedestrian walkway via a ramped paved surface with at least a 1:1 rise: run steepness, effectively slowing the vehicles and enhancing pedestrian safety. Alternatively, a speed hump of at least four inches

Generally Applicable Standards

of height can be installed in the vehicle-use lane exactly two feet in advance of the pedestrian walkway.

H. PARKING AREA SURFACES:

1. Parking areas shall have improved surfaces that do not contribute dust, gravel, sand, or soil to the air, water, or ground surface outside the lot.

2. No vehicle may be parked required parking space shall be a yard or grassy area.

I. ADA PARKING REQUIREMENTS:

1. Parking spaces designated and designed for people with disabilities shall be provided at a rate of 1 parking space per 25 standard parking spaces provided with a minimum of 1.

2. Nothing in this Zoning Code shall be construed to conflict with the regulations set forth by the Americans with Disabilities Act.

3. Parking spaces designated and designed for people with disabilities shall comply with the universal parking space design set forth in the International Building Code.

4. All such spaces shall be designated by free-standing signs pursuant to the Montana Secretary of State guidelines. ARM 24.301.905

J. PARKING LOT LANDSCAPING:

1. Parking lots shall be landscaped as specified in 10.4.3

K. DRIVE-THRU STANDARDS:

1. Drive-thrus are permitted only within specific zoning districts as specified in Chapter 3 Uses.

2. All queuing vehicles shall be located on the lot on which the drive-thru services are being provided and shall not interfere with the movement of vehicles or pedestrians on public rights-of-way.

3. All establishments with drivethrus shall provide a bypass lane whereby vehicles may exit the lot at any point without proceeding through the drive-thru lane.

4. Menu boards may not flash or have any visible bulbs. All menu boards shall be oriented toward the drivethru aisle they serve.

a. Drive-thru speakers shall not be audible from adjacent properties. Drive-thru speakers shall not emit outdoor music.

L. LOADING STANDARDS:

1. The requirements for commercial off-street loading facilities shall be provided in accordance with the following standards for any new structure which requires the receipt or distribution of materials or merchandise by trucks or similar commercial vehicles.

a. All required loading berths shall be located on the same lot as the use served.

Generally Applicable Standards

b. Loading facilities shall not be located within 200 feet of a residential structure unless the loading facility is being installed within a mixed-use structure.

c. No permitted or required loading berth shall be located within 50 feet of the nearest point of intersection of any two streets.

d. All off-street loading berths shall be surfaced with concrete or other appropriate material meeting the durability requirements.

e. Every building having over 5,000 square feet of gross floor area shall be provided with at least one truck loading and unloading space, not less than twelve feet in width, forty feet in length and with fourteen feet clearance. An additional truck space of these dimensions shall be provided for every additional 20,000 square feet or fraction thereof of gross floor area in the building.

f. Loading areas may not be located closer to a street or road than the primary structure, with the exception of loading areas on through-lots. Loading areas facing a public street or road on a through-lot shall be fully shielded through screening or landscaping.

g. Access to truck loading and unloading spaces shall be provided directly from a public street or alley or from any right of way that will not interfere with public convenience and that will permit the orderly and safe movement of such trucks.

h. Loading space as required under this section, shall be provided as an area additional to off-street parking spaces required and shall not be considered as supplying offstreet parking space.

CHAPTER 5

Signs

10.5.1 APPLICABILITY

A. It shall hereafter be unlawful to erect, place, relocate, expand, modify, maintain, or otherwise alter a sign in the City except in accordance with the provisions of this chapter.

B. Unless otherwise provided by this chapter, all signs shall require a zoning permit.

C. Unless otherwise provided, this chapter shall apply to any sign in any zoning district visible from a public right-of-way or an adjacent property.

D. Any sign established before this code’s effective date and rendered nonconforming by the provisions herein shall be subject to the nonconforming sign regulations of specified in 10.5.12

10.5.2 EXEMPTIONS

E. The following signs do not require a permit; however, they are still subject to applicable regulations within this chapter.

1. Any sign located entirely within buildings or other structures and/or otherwise not visible from a public right-of-way or adjacent property;

2. Cornerstone inscriptions or other signs that are part of masonry facades of older buildings;

3. Signs of less than one (1) square foot each in the sign area, such as religious symbols like crucifixes, security system window or door stickers, identification of store hours, emblems of credit cards accepted,

seals indicating membership in business or trade associations, and the like;

4. Bulletin boards and bulletin board signs, as defined herein;

5. Signs and/or notices issued by any court, officer, or other people in the performance of a public duty;

6. For the purposes of safety and emergency access signs indicating the street number of a building or structure are permitted without a zoning permit but shall not exceed three (3) square feet in sign area;

7. Any sign on a truck, bus or another vehicle that is used in the normal course of a business for transportation;

8. Any holiday lighting, signs, or related decorations;

F. Painted signs, decals, or other signs located directly inside or on the window and/or door of the ground floor of commercial use, if less than 30 percent of the area of a windowpane;

G. Door signs if less than three (3) square feet in total area and not more than one sign per door;

H. Government-mandated signs in compliance with the manual of uniform traffic control devices that comply with the requirements of state law for such signs placed or required to be placed by a government entity;

I. Menu signs/ordering kiosks placed adjacent to a commercial drive-thru,

with a maximum of four (4) such signs per property, so long as any groundmounted menu sign does not exceed 50 square feet and any wall-mounted menu sign does not exceed nine (9) square feet; and

1. Yard Signs – Small, as defined herein;

2. One wall sign is permitted on each individual lot used for residential purposes provided the sign is mounted flush to the façade of the principal dwelling and does not exceed one square foot;

3. Signs for home occupations do not require a permit but are subject to the standards of this chapter;

4. Flags of any fabric or bunting containing colors, patterns, or symbols; attached to a flagpole as a freestanding structure, or a structure attached to a building or to the roof of a building, on a parcel of record and used for the sole purpose of displaying flags, the height of which shall be measured from the average grade;

5. A-frame or T-frame sign;

6. Temporary banner sign for identification of a new business for up to 90 days after the business opens after which time a permanent sign must be erected;

7. One neon (or LED tube or rope lighting resembling neon) window sign at most three (3) square feet in total area per individual tenant suite. No blinking shall be allowed.

10.5.3 PROHIBITED SIGNS

J. The following signs shall not be erected within the City of Belgrade:

1. Signs within the right-of-way with the exception of warning signs or traffic safety signs required by public utility providers, by a public transit or transportation agency;

2. Dilapidated signs, or signs that are not secure, including sign structures;

3. Signs that do not conform to City or State building, fire, or electrical codes;

4. Signs or advertising erected and maintained on trees or painted or drawn upon rocks or other natural features;

5. Signs or advertising devices which attempt or appear to attempt, to direct the movement of traffic, or which interfere with, imitate, or resemble an official sign, signal, or device;

6. Vehicle signs viewed from a public road with the primary purpose of providing signage not otherwise allowed by this code;

7. Vehicle signs include those attached to or placed on a vehicle or trailer. Vehicles or trailers shall not be parked continuously in one location to be used primarily as additional signage. This does not apply to a vehicle parked at a driver's residence and is the primary means of transportation to and from his or her place of employment;

8. Signs that are applied to trees, bus shelters, utility poles, benches, trash receptacles, newspaper vending machines or boxes, or any other unapproved supporting structure or otherwise placed in the public right-of-way;

9. Signs which are not securely affixed to the ground or otherwise affixed in a permanent manner to an approved supporting structure unless specifically permitted as a temporary sign;

10. Signs attached to a fire escape or that obstruct any fire escape, any means of egress or ventilation;

11. Signs that contain words, pictures, or obscene statements, as defined by Section 45-8-201 of the Montana Code Annotated;

12. Signs that employ any parts or elements which revolve, rotate, whirl, spin, or otherwise make use of motion to attract attention;

13. Animated Signs;

14. Beacons and searchlights, except for emergency purposes; and

15. Except for identification signs on agricultural buildings, no sign or billboard shall be painted or erected directly upon the roof of any building or structure.

10.5.4 GENERAL SIGNAGE STANDARDS

K. Permanent signs shall be constructed in compliance with all applicable regulations of the City or State's applicable building, fire, or electrical codes, as may be applicable;

1. No sign or sign structure shall be placed on private or public property without the written consent of the owner or agent thereof;

2. No sign or sign structure shall be erected at any location where it may interfere with, obstruct the view of or be confused with any authorized traffic sign, signal or device;

3. No sign shall obstruct or interfere with fire ingress or egress from any door, window, or fire escape, nor shall it obstruct or interfere with traffic or traffic visibility, or resemble or imitate signs or signals erected by the City or other governmental agency for the regulation of traffic or parking;

4. No part of a sign shall have animation, moving parts, flashing lights or changing colors unless specified in 10.5.6 , Sign Illumination;

5. All signs shall be secured in such a manner as to prevent swinging or other significant noticeable movement, not including movement related to electronic message centers;

6. Unless otherwise specifically stated, all permanent signs hereafter

erected, constructed or modified shall be set back a minimum of 5 feet from all rights-of-way and in all cases shall permit full visibility within the vision triangle as defined herein; and

7. Signs, sign posts, or sign mounting hardware which are no longer functional, or are abandoned, shall be removed in compliance with the provisions of this code, within 90 days following such dysfunction or abandonment. For purposes of this section, "abandoned" means the owner or user of the sign has completely given up the use of the sign for the purpose it was intended as ascertained by the reasonable investigation and inquiry of the Zoning Inspector.

10.5.5 SIGN AREA MEASUREMENT

L. For signs on a background, the entire area of the framework or background of the sign is calculated as the sign area, including any material or color forming the sign face or background used to differentiate the sign from the sign structure against which it is placed. (See diagram “A”).

M. For signs consisting of freestanding letters or features attached to a wall, the sign area is calculated as the smallest rectangle encapsulating all letters and symbols. Sign area does not include any supporting framework or bracing unless such framework or bracing is part of the message or sign face (see diagram “B”).

N. For signs that are abnormal shapes, window signs, including neon window signs, the total sign area is measured by multiplying the full width of the overall sign copy, including the lettering, logo, and graphics, by the overall height of the sign copy in a rectangular manner, regardless of the arrangement of the copy (see diagram “C”).

O. When two sign faces are placed backto-back so that both faces cannot be viewed from any one point at the same time and part of the same sign structure, and are not more than 24 inches at its furthest distance apart, the sign area shall be computed by the measurement of one of the faces.

Diagram A

Diagram B

Diagram C

10.5.6 SIGN ILLUMINATION

A. The table below displays which sign illumination types are permitted for which uses.

Table 10.5.6 Illumination Type

Where Permitted (by District or use category)

Internally Lit Lettering

- Illuminated reverse-cut push-through acrylic letter signs

- Illuminated front-lit channel letter signs

- Halo or backlit signs Permitted in the

Internally Lit Cabinet Signs Not permitted

Neon Signs

Permitted in the R, N, MU, CL, CC, DD, FE, I, ID, and EI Districts. Neon signs shall be permitted through an internal staff design review, which will ensure that neon signs are not excessively bright or visually dominating.

Neon signs are permitted only for retail, restaurant/bar, and entertainment.

B. GENERAL SIGN ILLUMINATION STANDARDS:

1. Be shielded from all adjacent residential buildings and all streets;

2. Not have an intensity to cause glare visible to pedestrians or vehicle drivers, nor shall the illumination be of such brightness as to cause reasonable objection from adjacent residential districts or adjacent properties;

3. No illuminated sign shall be permitted if any part of the sign flashes on or off, has lighting that moves or illustrates movement, or displays changing degrees of intensity in illumination. This regulation applies to signs located

outside buildings and to window signs inside buildings that can be seen from the outside. This prohibition on flashing, moving, or intermittent lighting shall not apply to permitted electronic message centers as specified in 10.5.7 ; and

4. Signs shall not be lit to obstruct traffic control or other public information signs.

5. Neon lighting shall not exceed 100 nits per sign face.

10.5.7 ELECTRONIC MESSAGE CENTER (EMC) OR CHANGEABLE COPY SIGN

C. EMCs are permitted only for gas stations and institutional uses;

D. An EMC or Changeable Copy Sign may not comprise more than 50% of the permitted sign area for a given sign;

E. Only light emitting diodes (LED) technology or similar quality signs shall be permitted for EMCs;

F. Any electronic message center that is located within 300 feet of any residential use must automatically turn off between the hours of 11:00 p.m. and 6:00 a.m. daily;

G. An electronic message sequence must be accomplished by means of fading or dissolving but shall not scroll, travel or flash. A transition sequence must be completed in no more than two (2) seconds;

H. No portion of any sign may change its message or background in a manner or by a method of display characterized by motion, other than fading or dissolving, or pictorial imagery or depicts action or a special effect to imitate movement, or the presentation of pictorials or graphics displayed in a progression of frames that give the illusion of motion or the illusion of moving objects, moving patterns, bands of light, or expanding or contracting shapes;

I. EMCs shall be designed to display a full black screen, or turn off in the event of a malfunction;

J. Portable electronic message signs are prohibited except for instances of construction or road projects;

K. The EMC shall come equipped with an automatic dimming photocell, which automatically adjusts the display's brightness based on ambient light conditions;

L. No EMC shall be permitted to be included as part of any limited duration sign;

M. The brightness level shall not increase by more than 0.3 foot candles over ambient levels (or 3.23 lumens per square meter or lux) as measured using a foot candle meter at a pre-set distance; and

N. The procedure and distances for measurement of brightness shall be as established by the International Sign Association's Recommend Nighttime Brightness Levels for On-Premise EMCs.

10.5.8 SIGN CLASSIFICATION AND SIGN TYPES

A. BUILDING SIGNS

B. FREESTANDING SIGNS

1. A freestanding sign is any ground-mounted sign affixed to a freestanding base; the base of the sign shall not be a pole or multiple poles.

Awning Sign

Canopy Sign

Projecting Sign Marquee

Freestanding Sign

Wall Sign

10.5.9 PERMANENT SIGNS PERMITTED FOR RESIDENTIAL PROPERTIES AND RESIDENTIAL SUBDIVISIONS

A. The following standards shall apply to all properties that are used for residential purposes as follows: individual dwellings, multi-unit residential buildings, and residential subdivisions. These standards do not apply to mixed-use buildings whereby residential uses are co-located with non-residential uses.

B. Institutional Uses found within residential districts shall conform to section 10.5.10 Permanent Signs in the R, N, CL, CC, MU, DD, FE, I, EI, ID Districts.

10.5.10 PERMANENT SIGNS PERMITTED IN THE R, MU, N, CC, DD, FE, I, EI, CL, ID DISTRICTS

A. APPLICABILITY

1. Buildings, developments, subdivisions that are 100% residential within a nonresidential district shall be subject to the permanent sign allowances for Section 10.5.9 Permanent Signs Permitted for Residential Properties.

2. The standards of this section shall apply to institutional uses found within residential districts.

3. Permanent signs shall be divided into the following sign types: Table 10.5.10.A:

Sign Classifications

Sign Classification Signage Types

Signs

A freestanding sign is any ground-mounted sign affixed to a freestanding base; the base of the sign shall not be a pole or multiple poles.

Number of Signs Permitted

Within the DD district, one (1) building sign is permitted per storefront. Properties located on a corner lot may erect a building sign on each separate street frontage.

Multi-tenant properties in all districts are permitted one building sign per tenant in addition to one freestanding sign per street frontage for the entire multi-tenant property.

In all other districts except for the DD, a property is permitted to erect two separate signs, which must be two separate sign types (ie. an awning sign and a freestanding sign, or a canopy sign and a projecting sign).

Building Signs

Awning Sign, Canopy Sign, Marquee, Projecting Sign, Wall Sign

Freestanding

B. STANDARDS BY SIGN TYPE

1. The table below displays standards for each individual sign type.

Table 10.5.10.B: Sign Standards by Sign Type

Building Signs Sign Dimensions Additional Standards

Awning Sign

Canopy Sign

Marquee Sign

The sign may not comprise more than 50% of the valance or sloping portion of the awning

1 square foot for every lineal foot of building frontage

1.5 square feet for every lineal foot of building frontage, and shall not be wider than the entrance it serves plus five feet on each side thereof.

Projecting Sign No larger than 12 square feet per sign face.

Wall Sign

1 square foot for every lineal foot of building frontage.

All components of the awning or canopy shall have a minimum clearance of eight feet from the sidewalk and 15 feet above any driveway or vehicular use area.

All components of the awning or canopy shall have a minimum clearance of eight feet from the sidewalk and 15 feet above any driveway or vehicular use area.

Shall not be closer than 3 feet to the closest edge of a street curb

Must be attached perpendicular to the wall to which it is affixed no less than 9 feet above grade and may project up to four feet from the building wall, but no closer than three feet from the closest edge of a street curb.

Shall not protrude more than 24 inches from the wall on which it is mounted.

Freestanding Sign Sign Dimensions Additional Standards

All freestanding signs shall be set back a minimum of five (5) feet from all rights-of-way.

Freestanding Sign (not permitted in the DD district)

One square foot of signage area for every one foot of linear lot frontage up to a maximum of 40 square feet.

Sign height shall be limited to six feet with the exception of multi-tenant properties, which may have a height up to eight feet.

All permanent freestanding signs shall be located in a landscaped area equal to or larger than the total sign area of the applicable sign.

Exposed sign foundations shall be constructed with a finished material such as brick, stone, or wood, or another high-quality material approved by the planning staff.

10.5.11 TEMPORARY SIGNS

A. STANDARDS THAT APPLY TO ALL TEMPORARY SIGNS:

1. Temporary signs shall not be mounted, attached, affixed, installed, or otherwise secured in a manner that will make the sign a permanent sign.

2. No temporary sign shall be mounted, attached, affixed, installed, or otherwise secured so that it protrudes above the roofline of a structure.

3. Unless otherwise specifically stated, temporary signs shall not be illuminated.

4. No temporary sign shall require a foundation, support, wiring, fittings, or elements that would traditionally require a building permit or electrical permit.

5. No streamers, spinning, flashing, or similarly moving devices shall be allowed as part of or attachments to temporary signs unless approved through a special event permit.

10.5.11.B: Temporary Signs Permitted on a Non-Residential Property or Mixed-Use Property

6. All temporary signs shall be secured in such a manner as to prevent swinging or other significantly noticeable movement resulting from the wind that could pose a danger to people, vehicles, or structures.

7. Mobile signs on wheels, runners, casters, parked trailers, parked vehicles, or other temporary or movable signs shall not be permitted unless otherwise specifically stated in this chapter.

8. Because of the nature of materials typically used to construct temporary signs and to avoid the unsightliness of deteriorating signs and all safety concerns which accompany such a condition, temporary signs shall be removed or replaced when such sign is deteriorated as determined by the planning staff.

10.5.12 NONCONFORMING SIGNS

B. All signs that do not conform to the specific standards of this code may be considered legally nonconforming if the sign was erected in conformance with a valid zoning permit and complied with all applicable laws at the time of the sign's installation.

C. A sign shall lose its legal nonconforming status and must be brought into compliance with the provisions of this chapter by an application for and issuance of a zoning permit or by complete removal, if any of the following occurs:

1. If such sign is damaged to an amount exceeding 50% of the sign's replacement value, as determined by at least two sign companies requested to provide a quote;

2. The sign type or structure is altered in any form;

3. The sign is relocated;

4. The nonconforming sign and its structure (including support and frame and panel) are determined by the planning staff to be unsafe or in violation of this code and declared a nuisance.

5. Failure to bring a sign into compliance after loss of a legal nonconformity status as specified in this section shall cause the sign to be considered an illegal sign.

6. Minor repairs and maintenance of nonconforming signs, such as repainting, electrical repairs and neon tubing repairs shall be permitted. Maintenance does not include making changes in the words, symbols, or design on the current sign unless the words and symbols are part of the changeable reader board or removable panels on a sign cabinet.

7. Sign face changes where there is no change to the nonconforming sign structure including change in sign face area, height, or alteration of the sign cabinet, if applicable, may be made without a zoning permit and without losing the legal nonconforming status of the sign.

These actions include, but are not limited to, replacement of a sign face, repainting of a sign face, etc.

10.5.13 MAINTENANCE

D. Every sign shall be maintained in a safe, presentable, and good structural condition at all times, including the replacement of a defective part, painting, cleaning, and other acts required for the maintenance of the sign.

E. Whenever a sign is to be removed pursuant to the requirements of this section, all parts of the sign and supporting structure (e.g., pole, monument, cabinet structure, etc.), excluding buildings for wall, projecting, or similar signage, shall be removed in its entirety. This section shall not require the removal of a raceway if mounted to such structure on a building.

CHAPTER 6

Administration & Procedures

10.6.1 COMMUNITY DEVELOPMENT DIRECTOR DUTIES

Specified in Chapter 2.03G

10.6.2 BUILDING OFFICIALS' DUTIES

A. CHECK FOR COMPLIANCE: The intent of this title is that the building official checks all plans and applications for permits for compliance with this title both before and during construction.

B. NONCOMPLIANCE: If during this procedure, the building official deems that the proposed plan or construction does not comply with this title, they shall inform the applicant of the infraction and shall stop all construction of the project until such time as the applicant, builder, or principal revises his plan

to conform to this title or obtains a variance, conditional use permit, or zone change as set forth herein.

C. NOTICE OF VIOLATION:

1. Building official shall notify, in writing, the person responsible for such violations indicating the nature of the violation and ordering the action necessary to correct it.

2. They shall order discontinuance of illegal use of land, buildings, or structures; removal of illegal buildings or structures, or of illegal additions, alterations, or structural changes; discontinuance of any illegal work being done; or

3. Shall take any other action authorized by this title to ensure compliance with or prevent violation of its provisions.

10.6.3 PLANNING BOARD

Specified in Chapter 2.04 of the city code of ordinances.

10.6.4 BOARD OF ADJUSTMENT

A. ESTABLISHED: See Chapter 2.04 of the city code of ordinances.

B. POWERS AND DUTIES: The Board shall set its operating rules in accordance with the laws of the state of Montana and shall have the following powers:

1. Appeals: To hear appeals and decide appeals where it is alleged there is an error in any order, requirement, decision, or determination made by an administrative official to enforce this title or any ordinance adopted pursuant hereto.

2. Variances:

a. Authority To Authorize: To authorize, upon appeal in specific cases, such variance from the terms of this title as shall not be contrary to the public interest where, owing to special conditions, a literal enforcement of the provisions of this title will result in unnecessary hardship, and so that the spirit of this title shall be observed, and substantial justice is done. An unnecessary hardship shall not be construed as an event or situation caused or created by the applicant or previous property owner.

b. Required Vote: The concurring vote of four (4) members of the board shall be necessary to reverse any order, requirement, decision, or determination of any administrative official or to decide in favor of the application on any matter which it is required to pass under this title, or to affect any variation of this title.

c. All decisions and findings of the board of adjustment on appeals of administrative decisions and variances are final administrative decisions and are subject to review, as provided by law.

10.6.5 SUBSTANTIALLY SIMILAR USES

A. PURPOSE: Where a specific use is proposed that is not listed or provided for in this zoning ordinance, the Community Development Director may make a determination that the proposed use is substantially similar to a specific use that is listed or provided for in this zoning ordinance. If the community development director finds that the use is substantially similar to a specific use listed in this zoning ordinance, the substantially similar use is deemed to be a substantially similar permitted use in those districts where the specific use is permitted, and a substantially similar use special permit can be approved in those districts where the specific use is specially permitted.

1. In determining that a proposed use is a substantially similar use, the community development director shall follow the procedures relating to appeals and variances as specified in this chapter. Upon making a determination that a proposed use is substantially similar, the community development director shall notify the city council of the decision and shall include written findings justifying the reasoning upon which the decision is based.

B. REMEDY BY APPLICATION FOR AMENDMENT: If the community development director determines that a proposed use is not substantially similar, such a determination may be appealed to the board of adjustments. Should the board of adjustments also determine that the use is not substantially similar, the appellant may seek a remedy by applying an amendment as specified in 10.6.10.

C. STANDARDS FOR CONSIDERATION OF SUBSTANTIALLY SIMILAR USES: The following standards shall be considered by the community development director (or, where there is an appeal of the community development director’s determination, the board of adjustments) when making a determination that a use is substantially similar to a permitted or a conditional use within a specific district:

1. The compatibility of the proposed use with the general use classification system as specified in this Zoning ordinance.

2. The nature, predominant

characteristics, and intensity of the proposed use in relation to those uses specified by this Zoning ordinance as permitted, or in the case of a special permit use, specially permitted, in that district.

3. The size, dimensional requirements, parking requirements, traffic generation potential, and other regulatory considerations normally associated with uses as specified in this Zoning Code.

D. EFFECT OF DETERMINATION THAT A USE IS SUBSTANTIALLY SIMILAR: Should a use be determined to be substantially similar to a specific permitted or specially permitted use provided for in this zoning ordinance, it shall then be permitted in the same manner and under the same conditions and procedures as the use is permitted to which it has been found to be substantially similar.

E. RECORD OF SUBSTANTIALLY SIMILAR USES: The community development director shall maintain as a public record a listing of all uses which have been determined to be substantially similar. For each such use, the record shall include the use as listed in the zoning ordinance; the use unlisted in the zoning ordinance about which the determination of substantial similarity was made, and the dates of any actions thereupon by the board of adjustment or city council. This record shall also contain the same information for all uses determined not to be substantially similar. The community development director or their designee shall consult this record in issuing future permits.

CHAPTER 6, ARTICLE II

10.6.6 REVIEW AND DECISION-MAKING AUTHORITY TABLE

The following table provides the list of permit procedures, the staff level review and approvals. The procedure process for each procedures begins with Section 10.6.9

Table

10.6.6:

Review & Decision Making Authority Table

TABLE NOTES:

I = Intake

SC = Submit Comment (staff reviews & provides comments before transmittal to approval body)

* = Public Hearing

Staff Abbreviations:

CDD = Community Development Director

PS = Planning Staff

BO = Building Official

CE = City Engineer

CM = City Manager

CVFD = Fire Department

Approvals:

R = Review and Recommendation Authority

DM = Final Decision-Making Authority

Board Abbreviations:

BoA = Board of Adjustment

PB = Planning Board

CC = City Council

CHAPTER 6, ARTICLE II

10.6.7 SPECIFIC USES PERMIT STAFF LEVEL APPROVAL

The following table provides the list of specific uses, and the corresponding type of permit or application, and the staff level review and approvals. The Principal Use Table 10.3.4 provides the specific section for each specific use additional regulations.

Table 10.6.7

Specific Uses

X = Submit Application to Community Development Department

CUP = Conditional Use Permit

LU = Land Use Application

SC = Review and Submit Comments

DM = Final Decision-Making Authority

Staff Abbreviations: CDD = Community Development Director CE = City Engineer

= Building Official

= City Manager

= City Police

10.6.8 SPECIFIC USES PERMIT PUBLIC HEARING REQUIRED TABLE

The following table provides the list of specific uses, and the corresponding type of permit or application, the staff level review and approvals, the recommending body, and the final decision-making authority. The Principal Use Table 10.3.4 provides the specific section for each specific use additional regulations.

Builds only LU = Land Use Application X = Submit Application to Community Development Department

Approvals:

R = Review and Recommendation Authority

DM = Final Decision-Making Authority

Board Abbreviations:

PB = Planning Board CC = City Council * = Public Hearing

10.6.9 APPLICATIONS AND FEES

A. APPLICABILITY: This subsection's application and fee provisions apply to applications filed by “eligible applicants.”

B. ELIGIBLE APPLICANTS: When the procedures of this chapter allow an application to be filed by an “eligible applicant,” such application must be submitted by, or on behalf of, a person, firm, corporation, or organization that has one or more of the following interests that are specifically enforceable in the land that is subject to the application:

1. A freehold interest;

2. A possessory interest entitled to exclusive possession;

3. A contractual interest that may become a freehold possessory interest;

4. Any exclusive possessory interest; or

5. City property authorized for sale.

C. FORM OF APPLICATION: Applications required under this zoning ordinance must be submitted in a form and such numbers as specified in the specific permit section, according to the specific permit application and checklists provided by the community development department.

D. FEES AND NOTIFICATION COSTS: All applications filed by property owners must be accompanied by the

application fee established by the city council. Application filing fees are intended to cover the cost of providing public hearing notices and other costs related to reviewing and processing applications. Such fees are nonrefundable and may include late fees, penalties, and fees for expedited processing.

E. COMPLETENESS, ACCURACY, AND SUFFICIENCY: An application will be considered complete and ready for processing, as specified in the specific permit section and any specific permit checklists provided by Community Development Department.

F. CONDITIONS OF APPROVAL: Review bodies, including staff, are authorized to recommend conditions, and decisionmaking bodies approve the subject application with conditions. Any conditions recommended or approved must reasonably relate to a situation likely to be created or aggravated by the proposed use or development.

G. REQUIRED TIME-FRAMES

FOR ACTION:

Any time limit specified in this zoning ordinance for any decision or action on behalf of a review or decision-making body may be extended if the applicant and staff agree to an extension. Unless otherwise expressly stated, if a review or decision-making body does not render a decision or take action within any time period required under this zoning ordinance and the applicant has not agreed to an extension of that time limit, the application is deemed denied.

10.6.10 ORDINANCE TEXT AMENDMENTS

A. AUTHORITY TO INITIATE: Amendments to the text of this zoning ordinance may be initiated by the city council, the planning board, the city attorney, or the community development director.

B. PUBLIC NOTICES: Public notice of hearings on a zoning ordinance text amendment must be published as required by state law. Public Notice shall follow the procedures set for in Section 10.6.20

C. PUBLIC HEARING REQUIRED: The Planning Board shall hold public hearings on the matters referred to in such initiation or petition at which parties in interest and citizens shall have an opportunity to be heard.

D. PLANNING BOARD RECOMMENDATION: Proposed zoning ordinance text amendments must be referred to the planning board for review.

1. The Planning Board shall cause to be made such an investigation of facts bearing on such initiation or petition as will provide necessary information to assure that the action of each such petition is consistent with the intent and purpose of this title.

2. Following their review of the proposed text amendment, the planning board must recommend the proposed amendment to the common council, including approval, modification approval, referral back to staff, or denial.

E. COMMON COUNCIL DECISION

1. Upon receipt of the planning board’s recommendation, the common council must take action on the proposed zoning ordinance text amendment, including approval, approval with modifications, referral back to staff or the plan commission, or denial.

2. Such amendment adopted by Council shall become effective thirty (30) days after the date of such adoption unless within thirty (30) days after the passage of the ordinance, there is presented to the City Clerk a petition.

10.6.11 ZONING MAP AMENDMENTS

A. AUTHORITY TO INITIATE:

Amendments to the official zoning map may be initiated by the common council or filed by an eligible applicant or an eligible applicant’s authorized agent specified in 10.6.9 .

B. PRE-APPLICATION MEETING: Before filing a zoning map amendment application, the applicant or the authorized agent must meet with the planning staff to discuss the proposed amendment and the applicable procedures.

C. APPLICATION FILING: Zoning map amendment applications must be filed with the planning staff.

1. Shall be filed with the City on forms provided by the Community Development Department;

2. Shall include all required supplemental information;

3. Shall be submitted by the application deadline as established by the City;

4. Shall be signed by the applicant and owner attesting to the truth and exactness of all information supplied on the application; and

5. Public notice requirements must be met by applicant.

D. PUBLIC NOTICES: Public notice of hearings on a zoning map amendment must be published as required by state law. Public Notice shall follow the procedures specified in 10.6.20.

E. PUBLIC HEARING REQUIRED: The Planning Board shall hold public hearings on the matters referred to in such initiation or petition at which parties in interest and citizens shall have an opportunity to be heard.

F. PLANNING BOARD RECOMMENDATION: Proposed zoning ordinance text amendments must be referred to the planning board for review.

1. The Planning Board shall cause to be made such an investigation of facts bearing on such initiation or petition as will provide necessary information to assure that the action of each such petition is consistent with the intent and purpose of this title.

2. Following their review of the proposed text amendment, the planning board must recommend

the proposed amendment to the common council, including approval, modification approval, referral back to staff, or denial.

3. Protest; Required Vote. In case, however, of protest against such changes, signed by the owners of twenty percent (20%) or more either of the area of the lots included in such proposed change or of those lots immediately adjacent in the rear thereof extending one hundred fifty feet (150') there from or of those lots adjacent on either side thereof within the block or of those directly opposite thereof extending one hundred fifty feet (150') from the street frontage of such opposite lots, such amendment shall not become effective except by the favorable vote of three-fourths (3/4) of all members of the city council.

G. COMMON COUNCIL DECISION

1. Upon receipt of the planning board’s report and recommendation, the common council must take action on the final action on recommendation of the planning board. A vote to amend the recommendation must receive the three-fourths affirmative vote of all members of Council. Whether amended or not, the vote to adopt the recommendation of the planning board must receive a majority vote of all members of Council.

2. Such amendment adopted by Council shall become effective thirty (30) days after the date of such adoption unless within thirty (30) days after the passage of the ordinance, there is presented to the City Clerk a petition.

H. SUCCESSIVE APPLICATION:

1. If the common council denies a proposed zoning map amendment, no zoning map amendment application requesting the same or more intensive zoning of the subject property may be filed for or accepted for processing by the city for one year from the date of final action by the common council unless the council expressly acts to deny the previous application without prejudice, or the new application is substantially different from the one that was denied.

10.6.12 CONDITIONAL USES

A. PURPOSE: This ordinance identifies certain uses that, because of their unique or widely varying characteristics or their potential adverse impacts on adjacent land uses, are not permitted as a matter of right, but that may be approved through case-by-case review as a “conditional use.” They are subject to conditional use regulations because they may, but do not necessarily, have significant adverse effects on the environment, overburden public services, change the desired character of an area, or create major nuisances. A review of these uses is necessary due to

their potential individual or cumulative impacts on the surrounding area or neighborhood. The conditional use review provides an opportunity to allow the use when there are minimal impacts, to allow the use but impose mitigation measures to address specific reasonable concerns, or to deny the use if the concerns cannot be resolved.

B. AUTHORITY TO INITIATE:

Applications for approval of a conditional use may be initiated by the common council for filed by an eligible applicant’s authorized agent.

C. PRE-APPLICATION MEETING: Before filing a conditional use application, the applicant or the authorized agent must meet with the planning staff to discuss the proposed amendment and the applicable procedures. Staff will determine whether the conditional use is a minor or a standard use at this pre-application meeting.

D.

APPLICATION FILING:

1. Shall be filed in accordance with the procedures in this Chapter;

2. Shall be filed with the City on forms provided by the Community Development Department;

3. Shall include all required supplemental information;

4. Shall be submitted by the application deadline as established by the City;

5. Shall be signed by the applicant and owner attesting to the truth and exactness of all information supplied on the application; and

6. Public notice requirements must be met by applicant.

E. TRANSMITTAL: The application shall be transmitted to City Engineer, Police Department, and Fire Department to review and provide comments. The application and comments from each Department shall be transmitted to planning staff to include in staff recommendations.

F. CONDITIONAL USES-MINOR

APPROVAL: The planning staff must review the proposed conditional use and comments from other departments and provide recommendations to the City Manager. The City Manager will either approve the application or approve with modification with appropriate conditions and safeguards, as specified in Section 10.6.12.H , in conformity with the zoning ordinance. Violations of such conditions and safeguards, when made a part of the terms under which the conditional use is granted, shall be deemed a violation of this zoning ordinance and punishable specified in 10.6.21.

G. CONDITIONAL USES-STANDARD

APPROVAL: The planning staff must review the proposed conditions use and prepare a recommendation for consideration by the planning board and common council.

1. Public Hearing Planning Board: There shall be a hearing for each conditional use application. Said

hearing shall be held at an appointed time and place within forty-five (45) days of the date of application. The board shall take testimony from persons interested in said application. Public Notice shall follow the procedures specified in section 10.6.20

2. Recommendations by Planning Board:

a. Within thirty-five (35) days after the conclusion of the public hearing, the planning board shall either recommend approval with or without supplementary conditions as specified in 10.6.12.H , or denial to the City Council.

b. The public hearing may be extended to another date by mutual agreement of the Planning Commission and the applicant.

3. Public Hearing City Council: Upon receipt of the planning board recommendation, the city council will hold a public hearing on the said application, at which the planning board recommendation will be read, and additional testimony may be taken from interested parties. Notice shall follow the procedures specified in 10.6.20

4. Approval by City Council:

Conditional Use Permits shall be issued upon authorization by the city council, after review by the planning board, and shall be based

Procedures

on a determination that the land use or activity complies with specific requirements for certain land uses and activities as may be outlined in this chapter.

a. If the application is approved or approved with modification, the City Council shall direct the community development director to issue a conditional use permit listing the specific conditions specified by the planning board for approval. If the application is denied by the city council the applicant may appeal the decision through the board of adjustment in accordance with the procedures specified in 10.6.16 .

b. Expiration. City Council shall determine if the use stays for the life of the property or ceases if the conditional use shall cease for more than a period of time.

H. SUPPLEMENTARY CONDITIONS AND SAFEGUARDS:

1. Those land uses or activities outlined in this chapter as requiring a Conditional Use Permit are considered to be sufficiently distinctive in terms of their nature, location, and impact on the surrounding area to warrant special evaluation of each case. The City's decision to approve or deny a Conditional Use Permit must be supported by the following standards and shall find evidence showing that such use at the proposed location:

a. Is in fact, a conditional use as established under the provisions of Chapter 3 and appears in Chapter 3 for the applicable zoning district;

b. Will be harmonious with and in accordance with the general objectives or with any specific objective of the City’s recently adopted Growth Policy, Area Specific Plans, and/or the zoning ordinance;

c. Will be designed, constructed, operated, and maintained to be harmonious and appropriate in appearance with the existing or intended character of the general vicinity and that such use will not change the essential character of the same area;

d. Will not be hazardous or disturbing to existing or future neighboring uses;

e. Will be served adequately by essential public facilities and services such as highways, streets, police, and fire protection, drainage structures, refuse disposal, water and sewer, and schools; or that the persons or agencies responsible for the establishment of the proposed use shall be able to provide adequately any such services;

f. Will not create excessive additional requirements at public cost for public facilities and services and will not be detrimental to the economic welfare of the community;

g. Will not involve uses, activities, processes, materials, equipment, and conditions of operation that will be detrimental to any persons, property, or the general welfare by reason of excessive production of traffic, noise, smoke, fumes or odors;

h. Will have vehicular approaches to the property, which shall be so designed as not to interfere with traffic on surrounding public thoroughfares.

2. In recommending any conditional use, the community development director or planning board may prescribe appropriate conditions and safeguards in conformity with this zoning ordinance. Violations of such conditions and safeguards, when made a part of the terms under which the conditional use is granted, shall be deemed a violation of this zoning ordinance and punishable specified in 10-6-21.

10.6.13 SIGN PERMIT REQUIRED

A. PERMITS REQUIRED: Applications for sign permits must be filed with the planning staff. Applications must be submitted on forms provided by the community development director and contain at least the following information:

1. The name and contact information of the sign owner, the property owner where the sign is or will be located, and the sign contractor of the proposed sign.

2. The following information in PDF format:

a. A scaled and dimensioned site plan showing:

I. All buildings on the subject property,

II. The location, size, and types of existing signs on the subject property, and

b. Clear and legible scale drawings with:

I. Description and nominal dimensions of the proposed sign, and

II. The construction size, dimensions, and kind of materials to be used in such a structure.

c. A time-stamped photo of the proposed sign location, with the photo at most one-year-old.

d. A color rendering showing before-and-after images of the sign at the proposed location.

3. Calculations or evidence showing that the structure, design, and mounts comply with the requirements of this article for wind pressure load.

4. Evidence of liability, insurance policy, or bond, as required in this article.

5. Such information as the sign inspector may require demonstrating full compliance with these sign regulations and all other applicable city regulations.

6. Signature of the applicant and property owner.

B. SIGNS ENCROACHING ON RIGHT-OFWAY:

If a sign application involves the installation of a sign that encroaches upon or over the right-of-way, a such permit application must also include the following information:

1. The location of encroachment identified in drawings/renderings is required under paragraph (A).

2. Acknowledgment by the property and business owner that the city may revoke permission to encroach upon right-of-way based on public safety, maintenance, other use, or other legitimate reasons;

3. Property owner agrees to hold the city harmless from any and all injury that may occur to any party resulting from using the right-of-way. This provision is intended to indemnify and hold harmless the city to the fullest extent permitted by law. It includes the payment of reasonable attorney fees for the defense of any claims brought that can fairly be said to be under the intent and purpose of this hold harmless agreement. To secure such hold harmless agreement, the property

or business owner must maintain a general liability insurance policy on its business operations in an amount of not less than $1,000,000.00 per occurrence and produce a certificate of insurance demonstrating to the satisfaction of the city that the city is entitled to coverage thereunder under the terms and conditions of the hod harmless agreement. A copy of the certificate of insurance must be provided and maintained or the permission to encroach on rightof-way will be revoked.

4. The authority to encroach upon right-of-way does not transfer to any new business or property owner. A new right-of-way encroachment permit is required.

C. SIGN PERMIT ISSUANCE AND DENIAL:

1. The community development director must issue a permit for the erection, structural alteration, enlargement, or relocation of a sign within the city when the permit application is properly completed, all required fees have been paid, and the sign complies with all applicable regulations. If the sign permit is denied, the community development director must give written notice of the denial to the applicant and property owner, with a brief statement of the reasons for the denial. The community development director’s failure to either formally grant or deny

Procedures

a properly completed sign permit application within ten (10) days of the date of application meeting the requirements of this article constitutes cause for an appeal to the planning board.

D. SIGN PERMIT VARIANCE: If a sign permit is denied due to the regulations of this article causing undue or unnecessary hardship on any person, firm, or corporation, a variance from the sign regulations may be requested as specified in 10.6.17

E. VIOLATIONS AND PENALTIES:

Violations of or failure to comply with this chapter’s provisions are declared unlawful.

1. Any sign erected, altered, moved, or structurally modified without a permit or altered with a permit but in violation of the provisions of this chapter, must be removed at the owner’s expense or brought into compliance within five (5) days of written notification by the community development director. If the violation is failure to obtain a permit, a permit fee is required, and the permit fee will be two (2) times the normal fee. If the owner does not remove the sign or bring it into compliance, the community development director may order removal, the expenses of which will be assessed to the tax roll of the property on which the unlawful sign is located.

2. This section does not preclude the city from maintaining any appropriate action to prevent or remove a violation of this article. If the owner does not remove or bring it into compliance, the community development director may order the sign removed. If such a sign is not removed by the owner within the time period specified, the city may cause removal, with the owner being responsible for all costs. These expenses will be assessed to the tax roll of the property on which the unlawful sign is located

10.6.14 BUILDING PERMITS REQUIRED

A. PERMITS REQUIRED: No buildings or other structures shall be erected, moved, added to, or structurally altered, and no land use shall be established or changed in use, within city limits or property outside the city limits within the extraterritorial limits of this title, without a permit therefore, issued by the Community Development Department.

B. BUILDING PERMITS APPROVAL:

Within ninety (90) days after the receipt of a complete application, the Building Official shall either approve, conditionally approve or disapprove the application. Work shall commence within one hundred eighty (180) days of the issuance of a building permit.

10.6.15 LAND USE PERMITS

REQUIRED

A. PERMIT REQUIRED: No buildings or other structures shall be erected, moved, added to, or structurally altered, and no land use shall be established or changed in use, within city limits or property outside the city limits within the extraterritorial limits of this title, without a permit therefore, issued by the Community Development Department.

B. AUTHORITY TO INITIATE: Applications for approval of a land use permit may be filed by an applicant or by an eligible applicant’s authorized agent.

C. PRE-APPLICATION MEETING: Before filing a land use permit application, the applicant or the authorized agent must meet with the planning staff to discuss the proposed project and the applicable procedures.

D. APPLICATION FILING:

1. Application for review and decision by the decision-making authority for land use permits;

a. Shall be filed in accordance with the procedures in this Chapter;

b. Shall be filed with the City on forms provided by the Community Development Department;

c. Shall include all required supplemental information;

d. Shall be submitted by the application deadline as established by the City;

e. Shall be signed by the applicant and owner attesting to the truth and exactness of all information supplied on the application; and

f. Public notice requirements must be met by applicant.

2. The planning staff shall verify that the application is complete. If the application still needs to be completed, the planning staff shall return the application to the applicant and inform the applicant of the missing information required for a complete application.

E. TRANSMITTAL: The application shall be transmitted to City Engineer, Police Department, and Fire Department to review and provide comments. Each Department will return comments to Community Development Director.

F. APPROVAL: Within ninety (90) days after the receipt of a complete application, the Community Development Director shall either approve, conditionally approve or disapprove the application. Work shall commence within one hundred and eighty (180) days of the issuance of a land use permit.

G. CONFORMANCE:

1. Required: No permit of any type shall be issued unless in conformance with the regulations contained within this title. Permits issued on the basis of plans and applications approved by the Community Development Director authorize only the use, arrangement,

and construction outlined in such approved plans and applications and no other use, arrangement, or construction. Any use, arrangement, or construction at variance with that authorized shall be deemed a violation of this title punishable as specified in 10-6-21

a. Conditional Use Permits; Variances: Conditional use permits approved by the city council and variances granted by the board of adjustment shall be deemed in conformance with this title’s terms. However, building permits or land use permits shall be issued only in accordance with the terms outlined in the conditional use permit and variance sections of this title.

2. Expiration. Every permit issued by the Community Development Director under the provisions of this chapter shall expire by limitation and become null and void if the building or work authorized by such permit has not commenced within one hundred eighty (180) days from the date of such permit, or if the building or work authorized by such permit is suspended or abandoned at any time after the work is commenced for a period of one hundred eighty (180) days.

a. New Permit Required. Before such work can be recommenced, a new permit shall first be obtained to do so, and the fee therefor shall be one-half (1/2) the amount required for the new

permit for such work, provided no changes have been made or will be made in the original plans and specifications for the work; and, provided further, that such suspension or abandonment has not exceeded one year.

3. Permits Issued Contrary to Title. Any authorization issued, granted, or approved in violation of the provisions of this title shall be null and void and of no effect without the necessity of any proceedings or revocation or nullification thereof, and any work is undertaken or use established pursuant to any such building permit, or other authorization shall be unlawful.

10.6.16 APPEALS AND VARIANCES

H. INTENT: Zoning variances are intended to provide relief from unnecessary hardships resulting from the strict application of zoning ordinance requirements other than signs.

I. APPLICABILITY: Only the board of adjustment is authorized to grant zoning variances. The city council is the final decision-making authority on sign regulation variances.

J. APPEALS TO THE BOARD OF ADJUSTMENT: Appeals concerning the interpretation or administration of this zoning ordinance may be taken by any person aggrieved or by any officer or bureau of the City affected by any decision of the Community Development Department.

K. VARIANCES. The board of adjustment may authorize upon appeal in specific cases such variance from the terms of this zoning ordinance as will not be contrary to the public interest where, owing to special conditions, a literal enforcement of the provisions of this zoning ordinance would result in unnecessary hardship. No nonconforming use of neighboring lands, structures, or buildings in the same district and no permitted or nonconforming use of lands, structures, or buildings in other districts shall be considered grounds for issuance of a variance except as specified in Chapter 10.7. Variances shall not be granted on the grounds of convenience or profit but only where strict application of the provisions of this zoning ordinance would result in unnecessary hardship.

L. APPLICATION.

1. Application for review and decision by the board of adjustment for appeals or modifications (variance):

a. Shall be filed in accordance with the procedures in this Chapter;

b. Shall be filed with the City on forms provided by the Community Development Department;

c. Shall include all required supplemental information;

d. Shall be submitted by the application deadline as established by the City;

e. Shall be signed by the applicant and owner attesting to the truth and exactness of all information supplied on the application; and

f. Public notice requirements must be met by applicant.

2. The planning staff shall verify that the application is complete. If the application still needs to be completed, the planning staff shall return the application to the applicant and inform the applicant of the missing information required for a complete application.

M. TRANSMITTAL: The application shall be transmitted to the board of adjustments for review.

N. INVESTIGATION. The board of adjustment shall cause to be made such investigation of facts bearing on the application as will provide necessary information to assure that the action on each such application is consistent with the intent and purpose of this title.

O. CONSTRUCTION TO CEASE DURING APPEAL:

During the time of appeal, all construction shall cease and shall not commence until such time of approval by the Board of adjustment.

P. PUBLIC NOTICES: Public notice of hearings on a variance must be published as required by state law. Public Notice shall follow the procedures specified in 10.6.20.

Q. PUBLIC HEARING REQUIRED: There shall be a hearing for each application of appeal or modification. Said hearing shall be held at an appointed time and place within forty-five (45) days of the date of application. Testimony shall be taken by the board of adjustment from persons interested in said application.

R. APPROVAL: In approving applications of appeal or modification, the board shall designate such lawful conditions as will secure substantial protection for the public health, safety, and general welfare, and shall find as follows:

1. Consistent With Title and/or Growth Policy: Such modifications will not be inconsistent with the intent and purpose of this title and/or any adopted growth policy.

2. Unnecessary Hardship: Strict compliance with the provisions of this title would create unnecessary hardship or unreasonable situation on a particular property due to unusual or extreme topography, the unusual shape of the property, or the prevalence of similar conditions in the immediate vicinity of the property.

3. Adverse Effect: Such modifications will have a minimal adverse effect on abutting properties or the permitted uses thereof.

4. Conditions of Approval: The lawful conditions stated in the approval are deemed necessary to protect the public health, safety, morals, and general welfare, which provisions may include:

a. A time period within which the proposed structures shall be erected.

b. Requiring landscaping and maintenance thereof.

c. Requiring the surfacing and marking of off-street parking and loading areas.

d. Any other conditions that will make possible the development of the city in an orderly and efficient manner and conformity with the intent and purpose specified in this section.

S. APPEALS: Any person or persons, jointly or severally, aggrieved by any decision of the board of adjustment, or any taxpayer, or any officer, department, board, or bureau of the municipality may present to a court of record a petition, duly verified, setting forth that such decision is illegal, in whole or in part, specifying the grounds of the illegality. Such petition shall be presented to the court within thirty (30) days after the filing of the decision in the office of the board of adjustment.

T. TIME DECISION EFFECTIVE: The decision of the board of adjustment shall be final except as specified in this subsection, and if a building

permit or occupancy permit is not obtained for the subject property within one hundred eighty (180) days from the date of the board of adjustment decision, the variance shall be automatically canceled and become null and void.

U. LIMITS ON REFILING OF APPLICATIONS:

Where the board of adjustment has denied an application for Appeal or Variance, no new application for the same purpose shall be filed within one hundred eighty (180) days from the date the previous denial became final unless all of the following conditions are met in the following order:

1. The applicant submits in writing to the chairperson of the board, which rendered the original decision for denial. This request explains the reason for refiling an application for the same purpose.

2. Within ten (10) working days of the submitted written request, the chairperson of the board who rendered the original decision for denial for causes substantially documented grants permission to do so.

3. The applicant submits a complete application and pays all applicable fees by the application deadline for the next meeting date to have the request heard by the applicable board.

10.6.17 SIGN VARIANCE

Requests for variances from the sign regulations of Chapter 5 are processed following the zoning variance procedures specified in 10.6.16 , except the planning board, rather than the board of adjustment, holds the required hearing and makes the final decision.

10.6.18 SITE PLAN REVIEW

A. PURPOSE: This section establishes a procedure to ensure that timely, competent review of site plans as a means of determining whether such plans comply with the applicable regulations of this zoning ordinance and to enable the city to plan for and review certain proposed improvements of property in order to:

1. Implement community policies on physical development;

2. Provide for efficient, rational allocation of scarce facilities and resources;

3. Promote economy and efficiency in the provision and improvement of municipal services through the regulation of development; and

4. Ensure the orderliness, quality, and character of the development of property in the city, prevent foreclosure of future development opportunities, and facilitate coordination of land usage with planned and available facilities and resources.

B. APPLICABILITY: Site Plan review is required for all multi-family, mixeduse, and nonresidential development. Site Plan review could be required for land use and conditional use permits. Site Plan review requirements shall be confirmed during the pre-application meeting with planning staff.

C. APPLICATION:

1. Applications must be submitted to the planning staff. All applications must include plans and other information necessary to allow for a thorough review of the proposed plans, as indicated by requirements on the site plan review submittal checklist developed by the planning staff.

a. Shall be filed with the City on forms provided by the Community Development Department;

b. Shall include all required supplemental information as indicated in this subsection and the checklist provided by the community development department; including a landscaping plan as specified in 10.4.3 .

c. Shall be submitted by the application deadline as established by the City;

d. Shall be signed by the applicant and owner attesting to the truth and exactness of all information supplied on the application; and

e. Public notice requirements must be met by applicant.

2. The planning staff shall verify that the application is complete. If the application still needs to be completed, the planning staff shall return the application to the applicant and inform the applicant of the missing information required for a complete application.

D. PREAPPLICATION MEETING: Before filing a site plan application, the applicant or authorized agent must meet with the planning staff to discuss the proposed site plan and the applicable procedures.

E. DEPARTMENT AND AGENCY

COMMENTS: Following receipt of a complete site plan application, the zoning administrator is authorized to request comments from any city departments and external agencies with regulatory responsibility or related interests in the review of the proposed site plan.

F. REVIEW AND DECISION-MAKING PROCESS:

1. Upon receipt of a complete application for approval of a site plan, the community development director must review the proposed site plan, obtain any department or agency comments and share all administrative review comments with the applicant.

2. To be considered for further review, the applicant must resubmit any revised site plan and explain how each administrative comment was addressed. Upon receipt of a complete resubmittal

package, the planning staff must provide any written administrative comments that require further revision.

3. The community development director must take action to approve the proposed site plan, approve the proposed site plan subject to conditions or deny approval of the proposed site plan within sixty (60) days of the date of the latest site plan submittal unless the applicant waives the required timeframe for action.

4. If an application for site plan approval is denied, the reasons for denial must be stated in writing, specifying the aspects of the plan that are not in compliance with applicable regulations. If a site plan application is denied, a new application may be submitted for further consideration.

5. If a site plan is approved subject to specific conditions and all administrative review comments, the applicant must revise the site plan in accordance with those conditions and comments and resubmit the plan for review. The community development director must act on all resubmitted site plans within twenty (20) business days of their receipt.

6. If a site plan is approved, the applicant must submit signed and dated digital and reproducible copies of the site plan to the planning staff, and the community development director will issue an approval memo.

7. The planning staff will retain a copy of the approved site plan in the department’s permanent files.

G. EFFECTIVE DATE OF SITE PLAN

APPROVAL: An approved site plan becomes effective upon certification by the community development director. If an appeal is filed, a site plan does not become effective until all appeals have been decided.

H. LAPSE OF SITE PLAN APPROVAL:

An approved site plan will lapse and have no further effect one year after it is approved unless:

1. A building permit has been issued (if required);

2. The use or structure has been lawfully established; or

3. A different lapse of approval period or point of expiration has been expressly established by the decision-making body.

I. PERMITS AND CONTINUING COMPLIANCE:

1. No permit may be issued for any development requiring site plan approval until a site plan has been submitted and certified approved for such development in accordance with this section unless the community development director determines that the site plan is in substantial conformance and phased permits can be issued.

2. A permanent certificate of occupancy may be issued for such development once all terms and conditions of the approved site plan have been satisfactorily completed or provided for.

3. Construction, grading, or other development activities may be carried out only in compliance with the certified site plan.

4. When a site plan has been approved for property pursuant to this section, the property must be used and maintained in compliance with the approved site plan. No person may use property in a manner or physical condition that does not conform to the approved site plan for such property.

J. RESUBMISSION AND AMENDMENTS:

1. Resubmission of any site plan due to changes required or made to the site plan as previously submitted may be made in accordance with schedule of fees adopted by the city council.

2. An approved site plan may be amended in accordance with the site plan review procedures of this section. However, the community development director is authorized to waive applicable review and approval procedures and fees if the community development director determines that a proposed amendment involves only a minor change in the approved site plan. Any waiver by the community development director must be in writing.

3. If a site plan is resubmitted for final approval and the planning staff determines that the site plan does not comply with conditions imposed by the decision-making body, the applicant may elect to either:

a. Revise the site plan to comply with required conditions in accordance with the interpretation of the conditions by the planning staff; or

b. Submit a written request by letter or email communication that the resubmission will be processed as an amendment to the site plan.

K. APPEALS:

1. The applicant may appeal the community development director's final site plan decision by filing a written notice of and reasons for the appeal with the planning staff by three (3) days after the action date from which the appeal is sought.

2. All appeals of interpretations or final decisions of the zoning administrator must be placed on the agenda of the planning board within 30 days of the date that written notice of the appeal was filed with the planning staff unless the applicant agrees to an extension of time for planning board action.

10.6.19 DESIGN EXCEPTIONS

A. GENERAL: This section establishes regulations governing the granting of requests for design exceptions to Downtown Districts Design Guidelines. These exception regulations are divided into two (2) categories:

1. Minor, staff-approved design exceptions, referred to as minor design exceptions; and

2. More significant design exceptions, which must be reviewed and approved by the planning board, are referred to as major design exceptions.

B. INTENT: The design exception provisions of this section are intended to authorize the granting of relief from strict compliance with the regulations when specific site features or characteristics of the subject property, including the presence of existing buildings, create conditions that make strict compliance with applicable regulations impractical or undesirable. The exception provisions are also intended to recognize that alternative design solutions may result in equal or better implementation of the regulation’s intended purpose and consistency with the Growth Policy, and Downtown Design Plan.

C. BURDEN OF PROOF OR PERSUASION: The burden is on the applicant to demonstrate that the requested exception meets the criteria for approval or that the exception would equal or exceed the results of strict compliance with the subject regulation.

D. APPLICATIONS: Requested exceptions must be noted on the required application and plan, and the application must include a written statement describing why the exception is necessary and all efforts to mitigate any adverse impacts resulting from a grant of the exception.

E. MINOR DESIGN EXCEPTIONS:

During the site plan review process, the planning staff is authorized to approve the following as minor design exceptions based on consideration of the general intent statement of 10.6.19.B

1. Design Standards.

2. Building Materials.

3. Build-to Zone. Increase or decrease any build-to-zone requirement by 25% or 2 foot, whichever is greater.

4. Primary Frontage Lot Line Coverage: Decrease the minimum primary frontage lot line coverage requirement by 15% or 3 feet, whichever is greater.

5. Building Setbacks: Decrease any setback by up to 15% or 1 foot, whichever is greater.

6. Height: Increase the minimum or maximum height for any story by up to 3 feet.

7. Occupied Space: Reduce the minimum depth of required occupied space by up to 15% or approve unoccupied space on up to 20% of the frontage.

8. Transparency: Reduce minimum transparency requirements by up to 15%.

9. Other measurements: Reduce or increase by up to 10% any minimum requirements of that are expressed as a dimension or distance.

F. MAJOR DESIGN EXCEPTIONS:

1. The planning board is authorized to approve requests for relief from strict compliance with the Downtown Design Guidelines of Chapter 2 that are not expressly authorized for processing as minor design exceptions and to hear and decide appeals of the planning staff’s decision on any minor design exception.

2. The planning board’s decision to approve or deny a request for a major design exception must be based on a determination of whether:

a. The requested design exception is consistent with the general intent statement 10.6.19.B ;

I. The requested design exception is consistent with the Growth Policy, the Downtown Design Plan, and any adopted area plan; and

II. The requested design exception will not result in any adverse impacts on other properties in the area beyond those impacts ordinarily expected through the implementation of the regulation.

10.6.20 NOTICE OF HEARING REQUIREMENTS

G. CONDITIONAL USE NOTICE OF HEARING:

1. Publication. At least fifteen (15) days' notice before the time and place of such hearing shall be published in an official paper or paper of general circulation in the city.

2. Mail. All property owners within three hundred feet (300') of the site of the proposed district change shall be notified of the proposed change via the United States mail at least ten (10) days prior to the public hearing. Names and addresses of adjoining property owners will be provided to the planning office by the applicant and will be certified by the county recorder or an authorized title company.

3. Posted. The project site shall be posted indicating the time and location of the public hearing at least ten (10) days prior to the hearing date.

H. VARIANCE AND APPEAL NOTICE OF HEARING:

1. Publication. Notice of the hearing shall be published once in a newspaper of general circulation within the city at least ten (10) days prior to the hearing date.

2. Mail. All property owners within three hundred feet (300') of the site of the proposed district change shall be notified of the proposed change via the United States mail at least ten (10) days prior to the public hearing. The applicant will provide names and addresses of adjoining property owners to the planning office and will be certified by the county recorder or an authorized title company.

3. Posted. A notice will be posted on the proposed site of the variance for ten (10) days prior to the hearing, giving notice that an application for a variance has been filed on the property, giving the hearing date and hearing location and a telephone number for further information.

I. ZONING TEXT NOTICE OF HEARING:

1. Publication. At least fifteen (15) days’ notice of the time and place of such hearing shall be published in an official paper or paper of general circulation in the city.

J. ZONING MAP AMENDMENTS NOTICE OF HEARING:

1. Publication. At least fifteen (15) days' notice of the time and place of such hearing shall be published in an official paper or paper of general circulation in the city.

2. Mail. All property owners within three hundred feet (300') of the site of the proposed district change shall be notified of the proposed change via the United States mail at least ten (10) days prior to the public hearing. Names and addresses of adjoining property owners will be provided to the planning office by the applicant and will be certified by the county recorder or an authorized title company.

3. Posted. The project site shall be posted indicating the time and location of the public hearing at least ten (10) days prior to the hearing date.

10.6.21 ENFORCEMENT AND PENALTY

A. ENFORCEMENT: This title shall be enforced by the city council and their authorized representatives. No building permit or business or occupational use license shall be issued except in compliance with the provisions of this title.

B. VIOLATION: Whenever a violation of this title occurs or is alleged to have occurred, any person may file a written complaint. Such complaint stating fully the causes and basis thereof shall be filed with the building official. They shall record such complaints properly and immediately investigate and take action as provided in this title.

C. PENALTIES:

1. Misdemeanor: Violation of the provisions of this title or failure to comply with any of its requirements, including violations of conditions and safeguards established in connection with the grant of variances or conditional uses or any of the requirements for conditions imposed by the city council, shall constitute a misdemeanor. Any person who violates any of the provisions of this title, or fails to comply with any of its requirements, shall, upon conviction thereof, be subject to penalty as provided in Section 1-4-1 of this code.

2. Separate Offense: The owner or tenant of any building, structure, premises, or part thereof, and any architect, builder, contractor, agent, or other person who commits, participates in, assists, or maintains such violation may each be found guilty of a separate offense and suffer the penalties herein provided.

3. Additional Remedies: Nothing herein contained shall prevent the city from taking such other lawful action as is necessary to prevent or remedy any violation.

CHAPTER

7

Nonconforming Lots, Uses, & Structures

Nonconforming Lots, Uses & Structures

10.7.1 SCOPE

The regulations of this article govern nonconformities, which are lots, uses, and structures that were lawfully established but— because of the adoption of new or amended regulations—no longer comply with one or more provisions of this zoning ordinance.

10.7.2 PURPOSE

A. Occasionally, lots, uses, and structures that were lawfully established (i.e., in compliance with all regulations in effect at the time of their establishment) are made nonconforming because of changes, in the zoning regulations that apply to the subject property (e.g., through zoning map changes or amendments to the text of the zoning ordinance). The regulations of this

article are intended to clarify the effect of this “nonconforming” status and avoid confusion with “illegal” buildings and uses (i.e., those established in violation of applicable zoning regulations). The regulations of this article are also intended to:

1. Recognize the interests of landowners in continuing to use their property for uses and activities that were lawfully established;

2. Promote maintenance, reuse and rehabilitation of existing buildings;

3. Place reasonable limits on nonconformities that have the potential to adversely affect surrounding properties.

Nonconforming Lots, Uses & Structures

10.7.3 NONCONFORMING LOTS OF RECORD

A. SMALLER THAN REQUIRED: In any district, notwithstanding other limitations imposed by this title, structures permitted in said district may be erected on any single lot of record on the effective date of this title. A lot of record that does not meet lot area or lot width requirements must still meet other requirements of the district. No variance shall be granted to facilitate the erection, construction or establishment of any structure on a nonconforming lot of record.

B. LARGER THAN REQUIRED: Where lots are larger than required by this title, said lots may be divided, except no parcel may be divided so as to create a lot smaller in lot width or lot area than required by this title.

10.7.4 NONCONFORMING USES OF LAND

A. CONTINUED USE: Where, at the time of passage hereof, lawful use of land exists which would not be permitted by the regulations imposed by this title, the use may be continued so long as it remains otherwise lawful, provided:

1. Increase Nonconformity: No such nonconforming structure may be altered or enlarged in any way which increases its nonconformity, but any structure or portion thereof may be altered to decrease its nonconformity.

2. Destruction: Should such a nonconforming structure or nonconforming portion of a structure be destroyed by any means to the extent of more than fifty percent (50%) of its replacement cost at the time of destruction, it shall not be reconstructed except in conformity with the provisions of this title.

a. Single-Family Residences in Commercial Districts may be expanded or may be rebuilt even if destroyed beyond fifty percent (50%) of its replacement costs only by issuance of a conditional permit; provided, that:

I. The existing character of the area in which expansion is requested is primarily of a residential character or nature; and

II. The square footage of the requested expansion is not more than fifty percent (50%) of the total square footage of the existing nonconforming use or structure.

3. Moved: Should such structure be moved for any reason for any distance whatever, it shall thereafter conform to the regulations for the district in which it is located after it is moved.

4. Use Discontinued: Should a nonconforming use of land be discontinued for a period of ninety (90) days, further use of the property shall conform to this title.

Nonconforming Lots, Uses & Structures

B. LACK OF OFF-STREET PARKING OR LOADING: For the purpose of this chapter, the lack of required offstreet parking as specified in 10.4.4 of this title as applied to the Downtown District shall not render structures as nonconforming at the time of the passage hereof.

10.7.5 NONCONFORMING USES OF STRUCTURES

A. CONTINUED USE: If lawful use of a structure or of structures and premises, exists at the effective date of adoption or amendment 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; providing, that:

1. Enlarged, Extended, Constructed, Or Structurally Altered: No existing structure devoted to a nonconforming use shall be enlarged, extended, constructed, or structurally altered unless the use is changed to a permitted use.

2. Extended To Another Part Of Building: Any nonconforming use may be extended to any other part of a building designed for such use, but no such use may be extended in any way to occupy land outside the building.

3. Superseded By Permitted Use:

Any structure or structure and land, in or on which a nonconforming use is superseded by a permitted use shall thereafter conform to the regulations of the district in which it is located, and the nonconforming use may not thereafter be resumed.

4. Cease In Use: Whenever a nonconforming use of a structure or premises ceases for ninety (90) days, the structure or premises shall not thereafter be used except in conformance with the regulations of the district in which it is located. The term "ceases" as used in this subsection shall mean that the activity in question has not been in operation for a period of ninety (90) days.

5. Status Applies To Both Use And Land: Where nonconforming use status applies to both structure and land, the removal or destruction of the structure shall eliminate the nonconforming status of the land.

B.

LACK OF OFF-STREET PARKING OR LOADING: For the purpose of this chapter, the lack of required off-street parking as specified in 10.4.4 of this title as applied to the Downtown District shall not render structures as nonconforming as of the passage hereof.

Nonconforming Lots, Uses & Structures

10.7.6 REPAIRS AND MAINTENANCE

On any nonconforming structure or portion of the structure containing a nonconforming use, work may be done on ordinary repairs and fixtures, wiring, plumbing, or repair or replacement of nonbearing walls, to an extent not exceeding ten percent (10%) of the replacement value of the building in any one year; provided, that such work does not increase the cubic content of the building. Nothing in this chapter shall be deemed to prevent the strengthening or restoring to a safe condition of any building or portion thereof declared to be unsafe by any official charged with protecting the public safety, upon order of such official.

10.7.7 CONDITIONAL USES

Conditional uses provided for under Chapter 6 of this title shall not be deemed a nonconforming use in the district in which it is permitted.

CHAPTER 8

Definitions

10.8.1 MEANINGS AND INTENT

A. Words and terms expressly defined in this zoning ordinance have specific meanings assigned unless the context indicates another meaning.

B. Words that are not expressly defined in this zoning ordinance must be interpreted as having their plain meaning unless such an interpretation would have an unintended result.

10.8.2 ORGANIZATION

A. General definitions are specified in 10.8.3 .

B. Use definitions are specified in 10.8.4

C. Sign definitions are specified in 10.8.5

10.8.3 GENERAL DEFINITIONS

A. TERMS BEGINNING WITH "A"

Abut or Abutting - To touch or share a contiguous boundary or border.

Access (Driveway) - definition Driveway, Access.

Accessory Structure – A subordinate structure detached from but located on the same lot as a principal building. The use of an accessory structure must be identical and accessory to the use of the principal building. Accessory structures include sheds and decks. This definition excludes detached garages, carports, children's playhouse equipment, screening, and fencing.

General Definitions

Accessory Use – Conducted or located on the same zoning lot as the principal building or use served, except as may be specifically provided elsewhere in this ordinance; Clearly incidental to, subordinate in purpose to, and serves the principal use.

Alley – A minor public street that is used primarily for vehicular service access to the back or the side of properties having principal frontage on another Street.

Alteration – Any change, addition, or modification in construction or occupancy.

Art/Public Art - Items expressing creative skill or imagination in a visual form, such as painting, graphic art, murals, and sculpture, intended to beautify or provide aesthetic influences to public areas or areas visible from public areas.

Awning - A roof-like covering consisting of fabric, plastic or structural protective cover that projects from the wall of a building that generally serves the purpose of shielding a doorway, entrance, window, or outdoor service area from the elements or to provide decorative distinction.

B. TERMS BEGINNING WITH "B"

Berm - A vegetated, elongated earthen mound.

Buffer Yard – a land area required under the provisions of this ordinance to separate different classifications of land uses from each other.

Building – any structure built for support, shelter, or enclosure of persons, animals, chattels, or property of any kind.

Building Height – the maximum vertical dimension measured from the average finished lot grade at the front of the principal building to the highest point of the roof. For accessory buildings, the height shall be measured from the lowest point of grade elevation adjacent to any wall of the structure to the highest point of the roof.

Building Inspector – that official designated by the city council as the official responsible for accepting, reviewing and approving, or rejecting plans for buildings and applications for building and land use permits and for interpretation and enforcement of ordinances related thereto.

C. TERMS BEGINNING WITH "C"

Conditional Use – see definition Use, Conditional.

D. TERMS BEGINNING WITH "D"

Density – the total number of dwelling units allowed per gross acre of land.

Develop - The act of constructing buildings or installing site improvements.

Developable land - Land that may be subdivided and utilized in accordance with the comprehensive plan of the city and other city policies.

Diameter at Breast Height (DBH) - The diameter of a tree trunk measured at a point 4.5 feet above ground level at the base of the tree.

Driveway (or Drive) - A hard surface for motor vehicles that leads from a public way to a residential garage or other building.

General Definitions

Driveway, Access – the means by which vehicles enter and exit the required off-street parking spaces between the street right of way/property line and the off-street parking space. Access (driveway) shall be surfaced in the same manner as the off-street parking area that it serves to a minimum width of nine feet (9').

Driveway Throat – a depression in the curb for the purpose of accommodating a driveway, which provides vehicular access between private property and the street or easement. Where there is no curb, the point at which the driveway meets the roadway pavement shall be considered the curb-cut.

Dumpster - A container with a capacity of more than 1.5 cubic yards or a height of more than 4.5 feet designed to receive, transport, and deposit waste materials produced by uses on the subject site. Dumpsters are typically designed to be hoisted and emptied into a garbage truck.

Dwelling - A building or portion thereof, but not a lodging use, designed or used exclusively for residential occupancy.

Dwelling Unit - One or more rooms are arranged, designed and used as living quarters for one household. Individual bathroom(s) and complete kitchen facilities, permanently installed, must always be included for each “dwelling unit.”

E. TERMS BEGINNING WITH "E"

Easement - Any area of land reserved for public utilities, sanitation, or other specific uses having limitations, the title to that must remain in the property owner’s name, subject to the right of use designated in the reservation of servitude.

Electric Vehicle - Any vehicle licensed and registered for operation on public and private highways, roads, and streets; either, partially or exclusively, on electrical energy from the grid or an off-board source that is stored on-board via a battery. “Electric vehicle” includes: (1) battery electric vehicles; and (2) plug-in hybrid electric vehicles.

Electric Vehicle (EV) Charging Station - A public or private parking space that is served by battery charging station equipment.

Electric vehicle charging station, private (restricted-access) - An EV charging station that is not available to the general public. Examples include electric vehicle charging stations that serve residential homeowners or renters, executive parking areas, designated employee parking areas and fleet parking areas.

Electric Vehicle Charging Station, PublicAn EV charging station that is accessible to and available by the general public.

General Definitions

Electric Vehicle Parking Space - Any parking space clearly identified to be used exclusively for parking an electric vehicle.

F. TERMS BEGINNING WITH "F"

Fence – an enclosure or barrier, such as wooden posts, wire, iron, etc., used as a boundary, means of protection, privacy screening or confinement, but not including hedges, shrubs, trees, or other natural growth.

Floor Area – the total number of square feet of floor space within the exterior walls of a building (floor areas of basements shall not apply as part of the required minimum floor area of buildings).

Foot-candle - A measure of illumination, the amount of light falling onto a surface. One lumen of light, shining evenly across one square foot of surface, illuminates that surface to one foot-candle.

G. TERMS BEGINNING WITH "G"

Garage, Attached - An enclosed building for the storage of motor vehicles that is connected to a structure by a common wall.

Garage, Private (Residential) - Enclosed building space accessory to a single-household of two household use for the storage of motor vehicles.

Garage Sale - The sale of personal household goods on a residential property. The term garage sale includes rummage sales, lawn sales, yard sales, attic sales, moving sales, and the like; provided, however, that rummage sales are allowed on a residential property no more than three times per calendar year with a maximum duration of 3 consecutive days.

Grade - The average level of the finished surface of the ground adjacent to the exterior walls of the building or structure.

Grade, Finished - The vertical location of the ground or pavement surface after site grading work is completed in accordance with an approved plan.

Green Roof - An extension of an abovegrade building roof that includes at least a waterproof membrane, a root repellent system, a drainage system, a filtering layer, soil with a minimum depth of 3 inches and native or naturalized plants. Also commonly referred to as a “vegetated roof.”

Ground Cover - Herbaceous broad leaf plants that do not exceed 2 feet in height.

Ground Floor - That level of a building on a site that has its floor line at or not more than 3 feet above the grade of its principal discharge.

Guest - A person who occupies or has the right to occupy a lodging room as an overnight or temporary residence.

Growth Policy – any document or portion of any document duly adopted by the city council intended to guide the growth and development of the area.

H. TERMS BEGINNING WITH "H"

Hedge – a row of closely planted shrubs, bushes, or any plant forming a boundary or fence.

Homeowner Association - See Property owner association.

General Definitions

I. TERMS BEGINNING WITH "I'

J. TERMS BEGINNING WITH "J"

K. TERMS BEGINNING WITH "K"

L. TERMS BEGINNING WITH "L"

Landscape Strip – an area that includes plantings of grass, ornamental shrubs, trees, or other ornamental ground covers that are intended to provide a visual separation between different uses, including, but not limited to, parking areas, buildings, and sidewalks.

Landscaping – the placement of ornamental fixtures such as fountains, ornamental walls, fences, and benches, along with vegetative planting of trees, shrubs, grasses, flowers, etc. This definition shall also include the designing of the placement of such materials.

Landscaping Island – an area of a pervious surface within an off-street parking lot that is intended for the placement of vegetation or stormwater run-off management devices.

Lawfully Established - A use, structure, lot or sign (as the context indicates) that was established in conformance with all applicable zoning code regulations in effect at the time of its establishment.

Light Trespass – light emitted by a luminaire that shines beyond the boundaries of the property on which the luminaire is located.

Loading Berth, Off-Street – an off-street space

or berth on the same lot with a principal building for parking a commercial vehicle while loading or unloading merchandise and which has direct access from a public street or alley.

Lot – a parcel or plot of land shown as an individual unit of ownership on the most recent plat or other records of subdivision.

Lot Area – the total horizontal area within the boundary lines of a lot. Except as herein provided, no alley, public way, public land or area proposed for future street purposes shall be included within the area of a lot.

Lot, Corner – a lot situated at the intersection of two or more streets, having an angle of intersection of not more than 135 degrees.

Lot Coverage – the total area covered by the principal and accessory buildings.

Lot Depth – the horizontal distance between the front and rear lot lines, measured along the median between the two side lot lines.

Lot, Interior – a lot other than a corner lot.

Lot Lines – the lines bounding a "lot" as defined herein.

Lot, Through – a lot, other than a corner lot, having frontage on two or more streets.

Lot Width – the horizontal distance between the side lot lines, as measured along a line parallel with the front street line.

General Definitions

M. TERMS BEGINNING WITH "M"

Manufactured Home – a factory-built or manufactured transportable residential structure more than thirty-two (32) body feet in length and eight feet (8') or more in width, and built on one or more permanent chassis for towing to the point of use, and designed to be used without a permanent foundation as a dwelling unit when connected to sanitary facilities, and which bears an insignia issued by a state or federal regulatory agency indicating that the manufactured home complies with all applicable construction standards of the United States department of housing and urban development definition of manufactured home. The phrase "without permanent foundation" indicates that the support system is constructed with the intent that the manufactured home placed thereon can be moved from time to time at the owner’s convenience. A commercial coach, recreational vehicle, and motor home is not a manufactured home.

Mechanical Equipment - All air conditioning units, cooling towers, heaters, ventilators, compressors, flues, stacks, chimneys, and similar items are exposed to view outside of a building.

Mezzanine - An intermediate story between the floor and ceiling of a main story and extending over only part of the main floor.

Modular Home – meets the following: A factory-fabricated structure designed primarily for human occupancy to be used by itself or to be incorporated with similar units at a building site into a structure on a permanent foundation and which complies with

the Belgrade adopted building, plumbing, electrical, and mechanical construction codes and the rules and regulations for modular housing or the building code division of the Montana department of administration. The term is intended to apply to major assemblies. It does not include prefabricated panels, trusses, plumbing, trees, and other prefabricated sub-elements to be incorporated into a structure at the site.

The meter base for incoming wiring is attached to the exterior wall of the modular home, whereas, for a manufactured home, the meter base must be attached to a pole or support that is isolated from the structure. The county assessor will list and assess the units as real or personal property.

Modular homes which meet the international building code will be considered the same as conventional homes for the purposes of this title.

Motor Vehicle - Any licensed passenger vehicle, truck, truck-trailer, trailer, or semitrailer propelled or drawn by mechanical power.

N. TERMS BEGINNING WITH "N"

Non-Conforming Structure or Use – a use or structure that lawfully occupied a building or land at the time this title or any amendments become effective and does not conform with the use regulations of the district in which it is located.

Nonconformity - A nonconforming lot, nonconforming use, nonconforming structure, nonconforming development feature or nonconforming sign.

General Definitions

Nonresidential District or Nonresidential

Zoning District - Any zoning district other than an R (residential) district.

O. TERMS BEGINNING WITH "O"

Open Space - An area or portion of a lot, or an area of water or combination thereof, that is sought to be reserved in its natural state or for agriculture, outdoor recreation use or for, scenic purposes, or for the enjoyment of the inhabitants of a dwelling unit.

Outlot - A parcel of land other than a lot or block, a remnant parcel of land not used for building purposes.

Operable Vehicle - Any passenger vehicle, truck, truck trailer, trailer, semi-trailer, or any vehicle propelled or drawn by mechanical power, or heavy equipment machinery that is licensed for the current year and/or can be operated in a manner consistent with the user’s manual.

Overlay District - A zoning district that overlays one or more base zoning districts and imposes requirements in addition to those of the base district or modifies the regulations otherwise applicable in the base zoning district.

P. TERMS BEGINNING WITH "P"

Parking Lot – a structure or an area, other than a public street or alley, designed or used for the temporary parking of motor vehicles and available for public use, whether free, for compensation, or accommodation for customers or clients.

Parking Space, Off-Street – a space located off any public right of way which is at least nine feet by eighteen feet (9' x 18') in size for parking any motor vehicle, with room to get out of either side of the vehicle, with adequate maneuvering space, and with access to public streets or alleys.

Pedestrian Way - A right-of-way designed for the purpose of providing pedestrian access.

Person - A living human body.

Philanthropic - A charitable institution.

Playhouse, Children’s – a freestanding structure, exclusively for the use of children, with a maximum height of 12 feet and an area not to exceed 120 square feet.

Principal Building - A building or combination of buildings of chief importance or function on a lot. In general, the principal use is carried out in the principal building.

Principal Use - A use or activity or combination of which are of chief importance on the lot; one of the main purposes for which the land, buildings or structures are intended, designed or ordinarily used.

Private Garage – a detached accessory or portion of a main building housing the automobiles of the occupants of the premises, but not commercial buildings.

General Definitions

Prohibited Uses – in specific districts, prohibited uses are those uses not specifically enumerated as permitted uses. Prohibited uses are listed in this title for the purposes of clarity and emphasis only. Prohibited uses include, but are not limited to, the enumerated prohibited uses. No use of any property or structure in any district shall be permitted or conditionally permitted that is in violation of federal, state, or local law.

Property Owner Association (POA) - Also called a homeowner association (HOA), a POA is a non-profit entity operating under recorded land agreements in a subdivision, planned community, or condominium building governed by internal by-laws that make and enforce rules for properties, residents, guests, and common areas. Members pay dues, which are enforced through liens for non-payment.

Public and Quasi Public Building – include public, semipublic, and private elementary schools, high schools, civic buildings, com munity buildings and uses, museums, art galler ies, firehouses, post offices, police stations, reservoirs, senior and youth centers, libraries, parks, hospitals, sanatoriums, institutions for philanthropic or charitable purposes other than correctional, essential services and similar uses.

Public Way - Any sidewalk, street, alley, highway, or other public thoroughfare.

Q. TERMS BEGINNING WITH "Q"

R. TERMS BEGINNING WITH "R"

Recreational Vehicle (RV) – a self-propelled or towed vehicle designed as a temporary dwelling for travel, recreation, and vacation

uses. Towed recreational vehicles shall not be more than eight feet (8') in body width.

Residential - A single unit providing complete, independent living facilities for one or more persons, including permanent living, sleeping, eating, cooking, and sanitation provisions. This includes manufactured homes.

Right-of-Way - A strip of land occupied, or intended to be occupied, for a public or quasi-public use. Rights-of-way intended for streets, crosswalks, water mains, sanitary sewers, storm drains, or any other use involving maintenance by a public agency, must be dedicated to public use by the maker of the plat on that such right-of-way is established. The usage of the term “right-ofway” for land platting purposes means that every rightof-way hereafter established and shown on a final plat is to be separate and distinct from other lots or parcels adjoining such right-of-way and not included within the dimension or areas of such lots or parcels.

S. TERMS BEGINNING WITH "S"

Screened – concealed or cut off from direct visual contact.

Setback – the horizontal distance required between any structure and a lot line. This distance is to be measured at right angles to the lot line. The setback line shall be parallel with the lot line. See 10.1.6 for Interpretation and Measurements.

Shopping Center - A group of retail commercial establishments involved in the sale of a general line of clothing apparel

General Definitions

and accessories, home furnishings, major and minor household appliances, hardware, toys, electronic goods, eating establishments, and other consumer products and services that are planned and developed as a unit with a minimum of 50,000 square feet of gross floor area and off-street parking provided on the lot or parcel on that the shopping center is located.

Sidewalk - That portion of a street right-of-way or cross walkway, paved or otherwise surfaced, intended for pedestrian use only.

Solar Energy System - A system intended to convert solar energy into thermal, mechanical or electrical energy.

Solar Energy System, Building-Integrated - A solar energy system that is an integral part of a principal or accessory building, rather than a separate mechanical device, replacing or substituting for an architectural or structural part of the building. Buildingintegrated systems include, but are not limited to, photovoltaic or hot water systems that are contained within roofing materials, windows, skylights, shading devices and similar architectural components.

Solar Energy System, Structure-Mounted - A solar energy system that is mounted on the façade or roof of either a principal or accessory structure.

Solar Energy System, Flush-Mounted - A solar energy system that is mounted flush with a finished building surface, at no more than 6 inches in height above that surface.

Solar Energy System, Ground-Mounted - A solar energy system mounted on the ground

and not attached to any other structure other than structural supports.

Solar Panel - A group of photovoltaic cells assembled on a panel. Panels are assembled on-site into solar arrays.

Special Event - An temporary event or group of related temporary events typically involving a mass gathering of people on public right-of-way or public property; or on private property in a manner that significantly impacts public property or rightof-way.

Stand, Fruit or Produce - Building or premises used primarily for sale of fruit or produce from a service window, counter, or exterior area of a building; and major display of goods in an exterior or semi-enclosed area associated with a building.

Story, Ground - Also called ground floor. The story closest to the ground level that does not meet the definition of a basement.

Stock-in-Trade – inventory held by a business for sale in the ordinary course of business or the equipment, materials, and tools required for the performance of a trade.

Street Lot Line - A line dividing a lot from a public right-of-way.

Streetscape area - The area behind the back of curb designed for pedestrian travel, including the sidewalk and buffer zone between the sidewalk and street for street planting and/or street furnishings.

General Definitions

Streetwall - The portion of the building facade that is located generally parallel and facing the street right-of-way line.

Street - A public or private right-of-way that affords a primary means of vehicular access to abutting property, whether designated as a street, avenue, highway, road, boulevard, lane, thruway, or however otherwise designated, but does not include driveways to buildings.

Street, Arterial - A major high capacity street designed to carry large volumes of traffic between major activity areas of the city.

Street, Collector - A street that provides moderate speed movement within major activity areas and collects and distributes traffic between arterials and local streets. Included would be principal entrance and traffic movement streets within a residential development.

Street, Local (Minor) - A street designed for low speed travel and generally low traffic volumes that provides land access from neighborhoods and minor activities to the collector and arterial systems.

Structural Alteration - Any change, other than incidental repairs, that would prolong the life of the supporting members of a building, such as the addition, removal, or alteration of bearing walls, columns, beams, girders, or foundations.

Structure - Anything constructed, the use of that requires location on the ground or attachment to something having location on the ground.

Structure, Decorative - Any structure, other than a building constructed or installed on a zoning lot, the principal purpose of that is to provide a decoration or architectural accent, including, but not limited to, arbors and trellises, flagpoles, approved free-standing signs and light posts.

Structural Alteration – any change in the shape or size of any portion of a building or of the supporting members of the girders, floor joist, or roof joist.

Structure – that which is built or constructed, an edifice or building of any kind, or any piece of work artificially built up or composed of parts joined together in some definite manner.

Substantial Enlargement – the increase in floor area occupied by the business by more than twenty-five percent (25%), as the floor area existed as of the date hereof.

T. TERMS BEGINNING WITH "T"

Tent - Any temporary structure or enclosure, the roof of that and/or one-half or more of the sides are constructed of silk, cotton, canvas, fabric, or a similar pliable material.

Transition - A visual effect used on an electronic message sign to change from one message to another.

Travel - A mode of message transition on an electronic message sign in which the message appears to move horizontally across the display surface.

General Definitions

Transfer of Ownership or Control – means and includes any of the following: The sale, lease, or sublease of the business. The transfer of securities that form a controlling interest in the business, whether by sale, exchange, or similar means; or The establishment of a trust, gift, or other similar legal device that transfers the ownership or control of the business, except for transfer by bequest or other operation of law upon the death of the person possessing the ownership or control. (Amended Ord. 86-1; amd. Ord. 2004-17, 2-7-2005; 2009 Code).

Transparency, Storefront - For the purposes of this zoning ordinance, transparency is the measurement of the percentage of a facade that contains highly transparent, lowreflectance glass

Storefront - When transparency is required separately for primary street ground-story facades, glass must have a minimum of 60% transmittance factor and a reflectance factor of less than 0.25, unless specified for a specific district.

All Other Windows - Transparency for all window and door glass, or other storefront glass must have a minimum of 50% transmittance factor and a reflectance factor of less than 0.25, unless specified for a specific district.

U. TERMS BEGINNING WITH "U"

Use – any purpose for which a building or other structure or a tract of land may be designed, arranged, intended, maintained, or occupied, or any activity, occupation, business, or operation carried on or intended to be

carried on in a building or other structure or on a tract of land.

Use, Conditional – uses, other than permitted uses, that may be allowed in a specific district but require additional safeguards or conditions to maintain and assure the health, safety, morals, and general welfare of the community and the character of the district.

Use, Permitted - A use that may be lawfully established in a particular district or districts, provided it conforms with all requirements, regulations, and standards of such district.

Use, Principal - The primary use of land or buildings, as distinguished from a subordinate or accessory use.

Utility-scale Energy Production - An energy production facility that produces electric energy for widespread distribution through the electric power grid.

V. TERMS BEGINNING WITH "V"

Variance – in the application of a zoning ordinance, a reasonable deviation from those provisions regulating the shape, size, or area of a lot or parcel of land, or the size, height, area, bulk, or location of a building or structure when the strict application of the ordinance would unreasonably restrict the utilization of the property, and such need for a variance would not be shared generally by other properties and provided such variance is not contrary to the purpose of the ordinance. It shall not include a change in use, which shall be accomplished by rezoning or conditional zoning.

General Definitions

Visibility Triangle – a triangular-shaped area of land abutting a highway or private road that must be kept free of obstructions (heights limited to four feet) that could impede the vision of a pedestrian or the driver of a motor vehicle exiting onto or driving on the highway or private road. The Visibility Triangle is measured from the edge of pavement at the intersection, forty feet (40 ft) back in each direction (see diagram below).

Y. TERMS BEGINNING WITH "Y"

Yard, Front – a yard extending across the full width of the lot, between the nearest principal building and the front lot line. The depth of the required front yard shall be measured horizontally from the nearest part of the principal building to the nearest point of the front line.

Yard, Rear – a yard extending across the full width of the lot, between the nearest rear principal building and the rear lot line. The depth of the required rear yard shall be measured horizontally from the nearest part of the principal building to the nearest part of the rear lot line.

W. TERMS BEGINNING WITH "W"

Walkable or Walkability - The extent to which the built environment is safe and inviting for pedestrians and for the presence of people living, shopping, visiting, enjoying or spending time in an area.

Walkway - A clearly defined path for nonmotorized movement between buildings, structures, destinations, or other walkways on or adjacent to a sit.

X. TERMS BEGINNING WITH "X"

Yard, Side – a yard between a principal building and the side lot line, extending from the front yard, or front lot line, where no front yard is required, to the rear yard. The width of the required side yard shall be measured horizontally from the nearest point of the side line toward the nearest part of the principal building.

Z. TERMS BEGINNING WITH "Z"

Zero Lot Line – the relaxation of the strict application of side yard requirements where two (2) adjoining lot owners agree to the side yard reduction. (Amended Ord. 86-1; amd. Ord. 97-8, 11-3-1997; 2009 Code; Ord. 2010-4, 7-6-2010).

Use Definitions

10.8.4 USE DEFINITIONS

A. TERMS BEGINNING WITH "A"

Accessory, Accessory Dwelling Unit –

Accessory Dwelling Units (ADUs), also referred to as accessory apartments, second units, caretaker's residences, or granny flats, are additional living quarters on single-family lots that are independent of the primary dwelling unit. The separate living space has a kitchen, bathroom, and a maximum of two bedrooms. ADUs can be attached or detached from the principal dwelling unit.

Accessory, Bike-Up Window – an accessory use incidental to an establishment where customers may walk up/bike-up to the window to purchase goods rather than entering the structure or using a drive-through. Examples are walk-up/bike-up eating establishments and walk-up/bike-up pharmacies.

Accessory, Home-Based Business – the use of a dwelling or accessory structure in a residential area as an office, studio, or workroom for occupations at home shall be divided into two (2) categories, minor home occupations, and major home occupations. Such categories shall be defined as follows:

Accessory, Home-Based Occupation –see definition of Accessory, Home-Based Business.

Accessory, Private Parking Lot – a parking area on the surface of a lot that is the principal use on the lot and which is operated by a public entity, whether for profit or not, for use by the owners or tenants of the lot and their invited guests and/or the general public.

Accessory, Small Farm Animal Keeping –the keeping of four or more domesticated animals such as rabbits, chickens, ducks, turkeys, and similar fowl and animals which are kept for personal or agricultural use or raised for sale and profit.

Accessory, Solar Facility – an installation or combination of solar panels or plates, including a canopy or array, that captures and converts solar radiation to produce electricity and includes flat plate, focusing solar collectors, or photovoltaic solar cells that:

Accessory, Swimming Pool Family – a swimming pool used and intended solely by the owner, operator, or lessee thereof and his family and by guests invited to use it without payment of any fee or consideration.

Accessory, Walk-Up Window – see definition of Accessory, Bike-Up Window.

Adult-Oriented Business – an adult arcade, adult bookstore, adult cabaret, adult motel, adult motion picture theater, adult theater, escort agency, nude model studio, or sexual encounter center.

Adult-Use Dispensary – a premises from which a licensed adult-use provider or adultuse marijuana-infused products provider dispenses marijuana or marijuana-infused products to a consumer.

Use Definitions

Agriculture – farming; ranching; algaculture; aquaculture; apiculture; horticulture; viticulture; animal husbandry, including, but not limited to, the care and raising of livestock, equine, and fur-bearing animals; poultry husbandry and the production of poultry and poultry products; dairy products; the production of field crops, tobacco, fruits, vegetables, nursery stock, ornamental shrubs, ornamental trees, flowers, sod, or mushrooms; timber and pasturage.

Agriculture, Community (Urban) –land within the defined urban development boundary used for small-scale farming activities and the cultivation of crops for own consumption or sale in neighboring markets.

Airport – means any area of land or water, or any manmade object or facility located thereon, which is used, or intended for use, for the landing and takeoff of aircraft, and any appurtenant areas that are used, or intended for use, for airport buildings or other airport facilities or rights-of-way, together with all airport buildings and facilities located thereon.

Antique Shop – the sale of items belonging to, made in, or typical of an earlier period of time.

Art Center – a non-profit, public, or commercial facility for preserving and exhibiting artistic, historical, scientific, natural, or man-made objects of interest, which may include the sale of the objects collected and memorabilia, the sale of crafts work and artwork, boutiques, and the holding of public and private meetings and social events.

Art Studio – workspace for one or more artists or artisans, including the accessory private sale of art produced on the premises, and shall not be open to the public.

Artisan Manufacturing – the on-site production of goods by hand manufacturing conducted wholly within an enclosed building of less than 5,000 square feet of gross floor, which involves using of hand tools and small- scale equipment.

Automobile Wrecking Yard – the use of any lot, portion of a lot, or tract of land for the storage, keeping, sale, or abandonment of automobiles or other motor vehicles.

B. TERMS BEGINNING WITH "B"

Beverage Brewing and Distilling – an establishment where beer, malt beverages or spirits are made on the premises and then sold or distributed either by wholesale or retail, which may include incidental onpremises consumption.

Beverage Brewing and Distilling, Small Scale – a facility at which beer, fermented on the premises, is bottled and sold. The volume of production of such facility may not exceed 200 gallons a day.

Beverage Distribution – a facility for storage and wholesale distribution of alcoholic beverages, but not including retail sales.

Use Definitions

Beverage Sales, Liquor, Beer or Wine Store – an establishment for the sale of beer, wine and general alcoholic beverages, including the sale of distilled spirits or hard liquor, for off-premises consumption, but not including the incidental sale of convenience items such as, without limitation, pre-packaged snacks, non-alcoholic beverages, personal care items, clothing, household items and/or cigarettes.

C. TERMS BEGINNING WITH "C"

Car Wash – a facility, whether automatic, semi-automatic or manual, for washing vehicles.

Casino - a commercial facility where patrons wager money on the outcome of a game, including but not limited to a card game or slot machine.

Cemetery – land used for the burial of the dead and dedicated for cemetery purposes, including columbarium, mausoleums and mortuaries when operated in conjunction with and within the boundary of the cemetery.

Childcare Center – any place that is not the permanent residence of the licensee or administrator in which childcare is provided, with or without compensation, for seven to twelve children at one time, or any place in which childcare is provided for thirteen or more children at one time.

Clinic or Urgent Care – any establishment where human patients are examined and are treated by or under the care and supervision of doctors, dentists or other medical practitioners, but where patients are not hospitalized overnight.

Clinic, Veterinary – an establishment where animals are examined and treated by veterinarians, and which may include kennels for temporary boarding of animals during treatment.

Clubs (Fraternal Lodges) – buildings and facilities owned and operated by a corporation, association, person, or persons for a social, educational, or recreational purpose, but not primarily for profit or to render a service which is customarily carried on as a business.

Collection and Recycling Facility – a center for the collection and/or processing of recyclable materials, but not including storage containers located on a residentially, commercially, or industrially designated site used solely for the recycling of material generated on the site.

Commercial Kennel – any lot, premises, structure, or building where six (6) or more dogs or six (6) or more cats of at least six (6) months of age are kept.

Commercial, Large Vehicles and Equipment

– Motor vehicles including but not limited to trucks, recreational vehicles, buses, boats, and heavy equipment, and similar size vehicles which have gross vehicle weights greater than 10,000 pounds, but excluding airplane or aircraft.

Use Definitions

Community Center – a facility where activities are programmed for children, adults, or seniors by a public or not-for-profit entity. Activities must be community-oriented and may be located indoors or on associated playfields.

Construction Trailer – an impermanent structure erected or placed only at a construction site for the purposes of administration and management of the construction activities.

D. TERMS BEGINNING WITH "D"

Drugstore – a retail establishment that sells prescription drugs, patient medicines, surgical and sickroom supplies and which also may sell cosmetics, household goods and a limited selection of food products.

E. TERMS BEGINNING WITH "E"

Emergency Facility, Standalone – an emergency room facility that accepts patients by ambulance and other vehicular means and provides emergency medical services and is not contained within or physically connected to a full-service hospital.

Essential Communications (Telecommunications) Facility – this entails wireless services federally licensed commercial mobile service as defined in the "Telecommunications Act of 1996," 110 Stat. 61, 151, 153, 47 U.S.C. 332(d) and further defined as commercial mobile radio service in 47 C.F.R. 20.3. Under division (A)(19) of this section, commercial mobile radio service is specifically limited to mobile telephone, mobile cellular telephone, paging, personal communications services, and specialized

mobile radio service provided by a common carrier in this state and excludes fixed wireless service.

Event Center – a facility that accommodates small-scale events, conferences, or weddings.

F. TERMS BEGINNING WITH "F"

Family Childcare – a private residence in which supplemental parental care is provided for compensation to three (3) to six (6) children, no more than three (3) children under two (2) years of age, from separate families on a regular basis, including the provider's own children who are less than six (6) years of age.

Farmer’s Market – an occasional or periodic market held in an open area or in a structure where groups of individual sellers offer for sale to the public such items as fresh produce, seasonal fruits, fresh flowers, arts and crafts items, and food and beverages (but not to include second-hand goods) dispensed from booths located on-site.

Financial Institution – any building, property, or activity of which the principal use or primary purpose is the provision of financial services, including, but not limited to, banks, facilities for automated teller machines (ATMs), credit unions, savings and loan institutions and mortgage companies.

Use Definitions

Fitness Facility or Gym – means a commercial establishment where physical exercise or training is conducted on an individual basis, using exercise equipment or open floor space with or without one-to-one instruction with a personal trainer

Food Sales, Large Grocery – a retail establishment with a gross floor area greater than 5,000 square feet which primarily sells food but also may sell other convenience and household goods. A section for fresh fruits and vegetables no less than 60 square feet must be visible within the retail area of the establishment.

Food Sales, Small Grocery – a retail establishment with a gross floor area of less than 5,000 square feet which primarily sells food but also may sell other convenience and household goods. A section for fresh fruits and vegetables no less than 30 square feet must be visible within the retail area of the establishment.

Food Service Commissary or Bakery – an establishment primarily engaged in the retail sale of baked products for consumption offsite that may be prepared either on or off-site and may include incidental food service.

Food Service, Deli – an establishment where food is sold for consumption off-premises. No counters or tables for on-premises food consumption are provided but exclude groceries and supermarkets.

Funeral Home – A building or part thereof used for human funeral services. Such building may contain space and facilities

for (a) embalming and the performance of other services used in the preparation of the dead for burial; (b) the performance of autopsies and other surgical procedures; (c) the storage of caskets, funeral urns, and other related funeral supplies; (d) the storage of funeral vehicles; and (e) facilities for cremation Where a funeral home is permitted, a funeral chapel shall also be permitted.

G. TERMS BEGINNING WITH "G"

Garage, Automotive (Vehicular) Repair –any building or premises used for the major repair of motor vehicles as a commercial business, but not including auto wrecking or storage of wrecked motor vehicles. Repair activity shall be conducted in enclosed places or screened from public view.

Garage, Private - a building or portion of a building used for the storage of motor vehicles and other permitted uses that are accessory to a dwelling.

Garden Center – an establishment where retail and wholesale products and produce are sold directly to the consumer, and which may include a nursery and/or greenhouse, and which may include plants, nursery products and stock, potting soil, hardware, power equipment and machinery, hoes, rakes, shovels, and other garden and farm variety tools and utensils, and where outdoor storage is incidental to the sale of goods.

Use Definitions

Gasoline Service Station – any building or portion thereof and the land upon which it is situated used for supplying fuel and/or oil for motor vehicles at retail direct to the consumer and/or making minor vehicle repairs.

Government Administration – any building which hosts offices for personnel either directly employed or contracted to provide a government administrative function.

Group Childcare – a private residence in which supplemental parental care is provided to seven (7) to twelve (12) children on a regular basis including the provider's own children who are less than six (6) years of age.

H. TERMS BEGINNING WITH "H"

Hospital – an establishment which has an organized medical staff and provides equipment and services primarily for inpatient care to persons who require definitive diagnosis or treatment, or both, for injury, illness, pregnancy or other disability, but not including narcotics addiction or those found to be criminally insane.

I. TERMS BEGINNING WITH "I"

Indoor Storage Facility – a personal storage building that is subdivided by permanent partitions into individual spaces, and each space has an independent entrance within an enclosed building under the exclusive control of the tenant, with one or more exterior entrances to the building, and which is used for storage of personal belongings and not for any commercial or industrial purpose, and that may include outdoor storage of recreational vehicles.

J. TERMS BEGINNING WITH “J”

K. TERMS BEGINNING WITH “K”

L. TERMS BEGINNING WITH “L”

Library – a public facility for using, but not selling, literary, musical, artistic, or reference materials.

M. TERMS BEGINNING WITH "M"

Manufacturing, Heavy – means the manufacture of products, the process of which generates fumes, gases, smokes, vapors, vibrations, noise or glare, or similar nuisance factors which have a high probability of occurring and which may cause adverse effects to the users of adjacent land.

Manufacturing, Light – means manufacturing products, the process of which does not create and emit fumes, gases, smokes, vapors, vibrations, noise or glare, or other factors regarded as nuisances that would cause adverse effects to the users of adjacent land.

Marijuana Business – a cultivator, manufacturer, adult-use dispensary, medical marijuana dispensary, combineduse marijuana licensee, testing laboratory, marijuana transporter, or any other marijuana related business or function that is licensed by the state and the city.

Marijuana Dispensary – both an adultuse dispensary and/or a medical marijuana dispensary.

Use Definitions

Marijuana Production Facility – any property or structure used by a Cultivator to plant, cultivate, grow, harvest, or dry marijuana, or to package and relabel marijuana produced at the location in a natural or naturally dried form that has not been converted, concentrated, or compounded for sale through a licensed dispensary, or used by a Manufacturer to convert or compound marijuana into marijuana products, marijuana concentrates, or marijuana extracts and package, repackage, label, or relabel marijuana products as allowed under state law and this article.

Medical Marijuana Dispensary – a premises from which a registered cardholder may obtain marijuana or marijuana products.

Marijuana Testing Laboratory – a premises from which a qualified person licensed by the state provides testing of representative samples of marijuana and marijuana products; and provides information regarding the chemical composition and potency of a sample, as well as the presence of molds, pesticides, or other contaminants in a sample.

Massage, Physical Therapy and other Personal Therapeutic Services – an establishment that provides therapeutic or medical massage of a non-sexual nature provided by a licensed practitioner.

Motel – see definition of Hotel.

N. TERMS BEGINNING WITH "N"

O. TERMS BEGINNING WITH "O"

Offices, Business, and Professional – a building containing the office or offices of a business or businesses engaged in providing professional services, including, but not limited to, the following: accounting; auditing and bookkeeping services; advertising agencies; architectural, engineering, planning, and surveying services; attorneys; counseling services; court reporting services; data processing and computer services; detective agencies and similar services; educational, scientific, and research organizations; employment, stenographic, secretarial, and word processing services; government offices including agency and administrative office facilities; management, public relations, and consulting services; photography and commercial art studios; writers and artists offices outside the home, but not including medical offices or offices that are incidental and accessory to another business or retail sales activity in the building.

Outdoor Storage Facility – the storage of any material for a period greater than 24 hours, including items for sale, lease, processing, and repair (including vehicles) not in an enclosed building.

Overnight Lodging, Bed and Breakfast

– a detached residential dwelling where lodging and breakfast are only provided to transient guests for compensation according to specific development standards and where the owner-operator permanently resides on the property.

Use Definitions

Overnight Lodging, Boutique Hotel – a small-scale hotel in a historic structure, or a structure with a façade made of a highquality material such as wood, brick, masonry, tile, stone, granite, limestone, or another natural material, that has fewer than 30 rooms accessed from an interior hallway.

Overnight Lodging, Hotel – any structure consisting of one or more buildings containing any combination of more than five guestrooms that meet the requirements for transient sleeping rooms or extended stay temporary residence dwelling units where all rooms/ units are accessed from an interior hallway or as having features of such sleeping rooms and dwelling units within the same room, and such structure is specifically constructed, kept, used, maintained, advertised, and held out to the public to be a place where transient sleeping accommodations or temporary residence is offered for pay to persons, but the such structure does not otherwise meet the definition of Overnight Lodging, Bed and Breakfast, and does not include agricultural labor camps, apartment houses, apartments or other similar places of a permanent personal residence, lodging houses, rooming houses, or hospital or college dormitories.

Overnight Lodging, Motel – see definition for Overnight Lodging, Hotel.

P. TERMS BEGINNING WITH "P"

Park – an area of land for the enjoyment of the public, having facilities for rest and/ or recreation, owned and/or managed by a city, county, state, federal government, or metropolitan park district, not including trails.

Parking Garage – an open or enclosed facility for temporary off-street parking of five or more motor vehicles located on publicly or privately owned property.

Parking Lot – a parking area on the surface of a lot that is the principal use on the lot and which is operated by a public entity, whether for profit or not, for use by the owners or tenants of the lot and their invited guests and/or the general public.

Personal Services – an establishment that accommodates two or more clients at one time providing nonmedically related services, including, but not limited to, beauty salons, barber shops and tanning salons by licensed professionals, which may also include accessory retail sales of products related to the services provided. Private Club – a public, commercial, or non-profit establishment that provides membership for participating in, or using, shared space, programming, or social activities and may not include any form of the adult entertainment business or retail sales.

Public Safety Facility – a government facility for public safety and emergency services, including a facility that provides police, fire protection, and/or emergency medical services and related administrative and training facilities.

Public Utility Building – any administrative, maintenance or service building operated by a public utility or any transmission facility of a public utility that does not meet the definition of an "essential service."

Use Definitions

Q. TERMS BEGINNING WITH "Q"

R. TERMS BEGINNING WITH "R"

Recreation, Commercial Recreation, Indoor –an enterprise operated by other than a public entity for profit for indoor recreation and/ or leisure activities, including dance studios, health and/or fitness clubs, martial arts, and gymnasiums.

Recreation, Commericla Recreation, Indoor,

Small-scale - Indoor commercial recreation uses include, but are not limited to, fitness centers, bowling alleys, dancehalls, skating rinks, indoor commercial swimming pools, and racquet and tennis clubs.

Recreation, Commercial Recreation, Outdoo r – Public or private swimming pools, tennis courts, go-cart courses, or mechanical rides that are not enclosed in buildings and are operated on a commercial or membership basis primarily for the use of persons who do not reside on the same lot as that on which the recreation use is located.

Recreation, Community Park – property owned by the City of Belgrade, the State of Montana, Gallatin County, a conservation nonprofit, or the Belgrade School District devoted to open space and public recreation.

Recreational Vehicle and Travel Trailer Park – any area or tract of land rented or held out for rent to one or more persons or users for parking or placement of temporary recreational vacation housing.

Religious Assembly – a use located in a permanent building and providing regular organized religious worship and related

incidental activities, except child day care center, primary, secondary, college/ university, vocational schools, Community Facility, Active and Outdoor Recreation, and Enterprise, Indoor, and Outdoor.

Research (Laboratory) Facility – a building or group of buildings for scientific research, investigation, testing, or experimentation, but not facilities for manufacturing or selling products.

Residential, Care Facility - See State of Montana definition.

Residential, Group Care Facility – an agency, other than a foster family home, which is maintained and operated for the care of a group of children on a twenty-fourhour basis;

Residential, Group Home – a residence or facility that provides accommodations and supervision to six to sixteen unrelated adults, at least three of whom require personal care services.

Residential, Permanent Supportive Housing – community-based, long-term housing and supportive services, as appropriate, for individuals with disabilities.

Residential, Residential (1 unit) – one to two dwelling units that are the only dwelling units on a lot, other than accessory dwelling units, and which share a common wall or roof on one or more adjacent lots, provided that the attached one-unit dwelling has a separate and distinct entrance from the units with which it shares a common wall or roof.

Use Definitions

Residential, Residential (2-4 units) – two to five dwelling units that are the only dwelling units on a lot, other than accessory dwelling units, and which share common walls or roofs on one or more adjacent lots.

Residential, Residential (5+ units) – six or more dwelling units which are the only dwelling units on a lot and which share common walls or roof on one or more adjacent lots.

Residential, Senior Assisted Living Facility – a residential facility licensed in the State of Montana is used for the reception and care of elderly individuals who, by reason of illness or physical or mental impairment require skilled nursing care and of individuals who require personal care services but not skilled nursing care.

Residential, Senior Independent Living Facility – a housing arrangement designed exclusively for older adults, generally those aged 55 and over, whereby some facilities or services may be shared, however, residents have independent living quarters.

Residential, Short-Term Rental – Any dwelling or portion thereof that is available for use or is used for accommodations or lodging of guests paying a fee or other compensation for a period of less than 30 consecutive days.

Residential, Skilled Care Facility – a residential home whereby residents require procedures or care that require technical skills and knowledge beyond those the untrained person possesses and that are commonly employed in providing for the

physical, mental, and emotional needs of the ill or otherwise incapacitated.

Residential, Townhouse – ownership of a parcel of land with an attached singlefamily dwelling unit that is connected with other similar dwelling units but separated from the other similar dwelling units by a common party wall having no doors, windows, or other provisions for human passage or visibility.

Residential, Transitional Dwellinghousing and supportive services are provided to homeless individuals and families for no longer than twenty four months, to enable them to obtain and maintain independent, permanent housing.

Restaurant, Full Service – a food service establishment with incidental alcohol consumption whereby servers bring food and beverages that are prepared in a kitchen or at a bar on-site, which may have a liquor license issued by the State of Montana

Restaurant, Limited Service – a selfservice food service establishment whereby meals are served at a faster rate than a fullservice restaurant and food offerings are more extensive in variety than a fast food restaurant, which may have a liquor license issued by the State of Montana

Use Definitions

Restaurant, Quick Service – a food service establishment devoted to the preparation and offering of food and beverage for sale to the public for consumption via a counter or drive-through on or off the premises generally in disposable containers, and which offers standardized menus, ingredients, food preparation, décor, uniforms, architecture, or similar standardized features.

Retail Gasoline and Convenience – a facility associated with the sale of gasoline products that also offers for sale of prepackaged food items and tangible consumer goods, primarily for self-service by the consumer, which may include the sale of hot beverages, fountaintype beverages, beer, and pastries, and shall not have a retail liquor license other than for the sale of beer.

Retail Store – a commercial establishment selling consumer goods, clothing, and other dry goods.

S. TERMS BEGINNING WITH "S"

School, Post-Secondary – a post-secondary institution, licensed by the State of Ohio, for higher learning that grants associate or bachelor’s degrees and may also have research facilities and/or professional schools that grant master and doctoral degrees, which may also include community colleges that grant associate or bachelor’s degrees or certificates of completion in business or technical fields.

Schools, Primary – a place of instruction operated by a public or religious organization, having regular sessions, with regularly

employed instructors and meeting all of the Ohio Department of Education requirements for providing primary education.

Schools, Secondary – a place of instruction operated by a public or religious organization, having regular sessions, with regularly employed instructors and meeting all of the Ohio Department of Education requirements for providing secondary education.

Small Cell Facility - a collection of interrelated small cell facilities designed to deliver personal wireless services.

T. TERMS BEGINNING WITH "T"

Theater – a public, private, or non-profit indoor or outdoor theater or stage used for theatrical, musical, or artistic live productions attended by an audience.

U. TERMS BEGINNING WITH "U"

Utility Generation Facility – a facility that converts one or more energy sources, including but not limited to water power, fossil fuels, nuclear power, or solar power, into electrical energy or steam, which may also perform either or both of the following functions: (a) operation of a transmission system that conveys the energy or steam from the generation facility to a power distribution system; (b) operation of a distribution system that conveys energy or steam from the generation facility or the transmission system to final consumers.

V. TERMS BEGINNING WITH "V"

Vehicle (Equipment) Repair – the replacement of any part or repair of any part that does not require removal of the engine head or pan, engine transmission or differential, incidental body and fender work, minor painting and upholstering service to automobiles and trucks not in excess of 7,000 pounds gross weight.

Vehicles and Equipment, Large - Any vehicle used or designed to be used for business or commercial purposes including but not limited to: buses, concrete trucks, dump trucks, garbage trucks, box trucks, stake bed trucks, flatbed trucks, semi tractors, semi trailers, step vans, tack trucks, tar trucks, and tow trucks; whether used for business, commercial or personal purposes. Pickup trucks, panel trucks, or light trucks which have the operating characteristics similar to those of a passenger car are not considered commercial vehicles unless they are used for business or commercial purposes.

Vehicle Sales – an establishment for the storage and displays for sale of more than two passenger vehicles and where repair or body work is incidental to the operation of the new or used vehicle sales, which include motor vehicle retail or wholesale sales.

W. TERMS BEGINNING WITH "W"

Warehouse – an enclosed storage facility used to store goods or parts or for any part of the shipping process.

Wholesale Establishment – an establishment for the sale of goods and merchandise for resale instead of direct consumption.

Wholesale Sales – an establishment engaged in selling merchandise to retailers, contractors, or other users, typically in bulk; the gross floor area of the building is often devoted to warehousing for the distribution of material or items displayed in a showroom.

X. X. TERMS BEGINNING WITH

“X”

Y. Y. TERMS BEGINNING WITH “Y”

Z. Z.  TERMS BEGINNING WITH “Z”

Signage Definitions

10.8.5 SIGNAGE DEFINITIONS

Sign - Any emblem, painting, banner, pennant, placard, design, identification, description, illustration or device, illuminated or nonilluminated, to advertise, identify, convey information or direct attention to a product, service, place, activity, person, institution, business, or solicitation, including any permanently installed or situated merchandise. For the purpose of removal, signs also include all sign structures. Signs as defined herein do not include temporary holiday decorations or landscape features that do not display a commercial message.

Abandoned - A sign that no longer correctly advertises a bona fide business, lessor, owner, product or activity conducted, or product available on the premises where the sign is displayed or elsewhere for a period of 6 months.

Address Nameplate - A sign that identifies the street number and/or street name for identification purposes, as designated by the United States Postal Service.

Art - See definition “Art/Public Art.”

Awning - Any sign attached to or constructed in, on, or under an awning.

Backlit/Halo - A sign that has a source of copy illumination designed to project lighting against the surface behind the copy. Sign, Banner. A sign of lightweight fabric or similar non-ridged material that is mounted with no enclosing framework.

Billboard - Same as “off-premise sign.”

Business Center - A sign identifying the entrance to a business center and/or the names of the businesses located within the business center.

Campaign - A temporary sign displayed on a lot during an active local, state or federal campaign for public office or ballot issue or referenda, generally intended to promote the ultimate exercise of voting by the general public.

Canopy - Any sign attached to or constructed in, on, or under a canopy.

Changeable Copy (manual) - A sign upon which the message can be readily modified by changing letters and/or symbols by other than electronic means.

Construction - A temporary sign located on a lot upon which building or construction is actively occurring.

Directional (driveway) - A sign located near a driveway entrance from a street or near an internal site driveway or drive aisle.

Double-Faced - A sign with copy on two parallel faces that are back to back, facing in opposite directions.

Electronic Message (EMS) - A sign capable of displaying words, symbols, figures or images that can be electronically or mechanically changed by remote or automatic means. (See also following terms principally associated with electronic message signs: display time, dissolve, dynamic frame effect, fade, frame, frame effect, scroll, transition, travel).

Signage Definitions

Engraved -A sign whose characters are engraved or etched onto the exterior wall of a building or onto a plaque mounted on the exterior wall of a building or onto a plaque mounted on the exterior wall of a building.

Externally Illuminated - A sign illuminated by or exposed to artificial lighting by lights on the sign or directed toward the sign.

Feather - A lightweight, portable sign mounted along one edge on a single, vertical, flexible pole the physical structure of which may resemble a sail, bow, or teardrop.

Flag - A generally rectangular or triangular sign or part of a sign made of fabric or other pliant material attached to a flagpole only along one side and which predominately displays distinctive colors, images, shapes or designs rather than legible words, letters, numbers or other linguistic characters.

Flashing/Strobe - Any sign that contains an intermittent or flashing light source, or that includes the illusion of intermittent or flashing light by means of animation, or an externally mounted intermittent light source, not including changeable message signs.

Freestanding - A sign that is part of a selfsupporting structure, other than a building or portion of a building. Sometimes referred to as a “ground sign.”

Government - A sign installed by or on behalf of the city or other branch of government,

Holiday Display - A displays erected on a seasonal basis in observance of religions, national or state holidays that are not intended to be permanent in nature and that contain no

commercial message.

Inflatable - A sign whose shape or structure is provided by inflation or by the affect of forced air.

Interior - A sign mounted or located in the interior of a building that is legible by a person with 20/20 vision when standing at ground level from outside the lot on which the subject building is located.

Internally Illuminated - A sign lighted by or exposed to artificial lighting by lights in the sign.

Marquee - Any sign attached to or constructed in, on, or under a marquee.

Menu Board (drive-through) - A sign located on the site of an allowed drive-through use.

Message Board - A sign with a fixed or changing display/message composed of a series of lights that may be changed through electronic means.

Monument - A sign supported primarily by an internal structural framework or integrated into landscaping or solid structural features other than support poles. Monument sign also means ground sign.

Off-Premise - A sign that advertises goods, products, facilities, events or services not on the premises where the sign is located, or directs persons to a different location from where the sign is located.

Mural or Ghost - Signs painted directly onto a building wall.

Signage Definitions

Outdoor Advertising Display – meets the following:

• Includes: Any card, paper, cloth, metal, wooden or other display or device of any kind or character, including, but not limited to, any poster, bill printing, painting or other advertise ment of any kind whatsoever, including statuary, placed for outdoor advertising purposes or on the ground or any tree, wall, rock, fence, build ing, structure, or thing.

• Does Not Include: Official notices issued by any court or public body or officer;

• Notices posted by any public officer in performance of a public duty or by any person in giving legal notice;

• Directional, warning or informational structure required by or authorized by law or by federal, state, county, or city authority.

Pole - A freestanding sign that is affixed, attached, or erected on a pole that is not itself an integral part of or attached to a building or structure.

Portable - Any sign not permanently attached to the ground or a building.

Projecting - A sign, normally double-faced, that is attached to, and projects from, a structure or building facade. Awning, canopy and marquee signs are not considered projecting signs.

Roof - A sign erected upon, against or above a roof.

Sandwich Board - A portable sign that is generally temporary in nature and that is freestanding.

Searchlight - A light source and a reflector for projecting a high-intensity beam of light into the sky or surrounding area.

Sign Contractor - Any person, partnership or corporation engaged, in whole or in part, in the erection or maintenance of signs, excluding the business that the sign advertises.

Sign Structure - Any device or material that supports, has supported, or is capable of supporting, a sign in a stationary position, including decorative covers.

Special Event - A sign approved in connection with a special event permit approved by the common council.

Swinging - A sign installed on an arm or mast or spar that is not, in addition, permanently fastened to an adjacent wall or upright pole.

Temporary - A banner, pennant, poster or advertising display that is not permanently attached to a building or the ground and that is intended to be displayed for a limited period of time only. Sign, Wall. A sign attached to the wall of a building with the face in a parallel plane to the plane of the building wall. Sign, Window (or Door). A non-illuminated sign that is placed inside the glass of a window or door and that is visible from the exterior of the window or door.

City of Belgrade

Zoning Code 2023

Belgrade, MT