Helena Airport Zoning Regulations1 1 —35-1
1 1 —35-1
CHAPTER 35
SECTION:
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1:
Definitions
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—35—
2:
Zones
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3:
Height Limitations
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4:
Use Restrictions
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5:
Nonconforming Uses
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6:
Permits
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7:
Variances
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8:
Issuance Subject to Conditions
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9:
Enforcement
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—35-10:
Airport Board of Adjustment
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—35-11:
Appeals
1 1-35-12:
Judicial Review
11
—35-13:
Conflicting Regulations
11 —35-1: DEFINITIONS: For the purposes of this Chapter, the following
definitions are applicable:
AIRPORT: The Helena Airport.
AIRPORT BOARD The board consisting of five (5) members appoint -
OF ADJUSTMENT: ed by the Helena City Commission and Lewis and
Clark County Commissioners as provided in section
1-718 and 1 1-2707, Revised Codes of Montana,
1947.
AIRPORT ELEVATION: The established elevation of the highest point on
the usable landing area.
AIRPORT HAZARD: Any structure, tree or use of land which obstructs
the air space required for, or is otherwise hazardous
to, the flight of aircraft in landing or taking off at
the airport.
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AIRPORT REFERENCE The point established as the approximate geo-
POINT: graphic center of the airport landing area and so
designated. _
HEIGHT: For the purpose of determining the height limitations
in all zones established by this Chapter and shown
on the Helena Airport Zoning Map, the datum shall
be mean sea level elevation unless otherwise
specified.
LANDING AREA: The area of the airport used for the landing, taking
off, or taxiing of aircraft.
NONCONFORMING USE: Any pre-existing structure, tree, natural growth or
use of land which is inconsistent with the provisions
of this Chapter or amendment thereto.
NONPRECISION INSTRU- A runway having or planned an instrument ap-
MENT RUNWAY: proach procedure utilizing area type navigation
equipment for a straight -in, nonprecision instrument
approach.
PRECISION INSTRU- A runway equipped or to be equipped with a
MENT RUNWAY: precision electronic navigation aid or landing aid or
other air navigation facilities, suitable to permit the
landing of aircraft by an instrument approach under
restricted visibility conditions.
RUNWAY: The paved surface of an airport landing strip.
STRUCTURE: An object or structure constructed or installed by
man, including but not limited to buildings, towers,
smoke stacks, and overhead transmission lines.
TREE: Any vegetation or other naturally growing object.
UTILITY RUNWAY: A runway that is constructed for and intended to
be used by propeller driven aircraft of twelve thou-
sand five hundred (12,500) pounds maximum gross
weight or less.
11 —35-2: ZONES: There are hereby created and established certain zones
which include all of the land lying within the precision instrument
approach zones, utility approach zones, transition zones, horizontal zone and
conical zone. Such areas and zones are shown on Helena Airport Zoning Map
consisting of one sheet prepared by the Joint City -County Airport Board, a copy
of which is made a part hereof by reference. The various zones are defined
and described as follows:
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A. Precision Instrument Approach Zone: A precision instrument approach
zone is established at each end of the precision instrument runway for
precision instrument landings and take -offs. Each precision instrument
approach zone -shall have a width of one thousand feet (1,000') at a
distance of two hundred feet (200') beyond each end of the runway,
widening thereafter uniformly to a width of sixteen thousand feet
(16,000') at a distance of fifty thousand two hundred feet (50,200')
beyond each end of the runway, with its center line being the continua-
tion of the centerline of the runway.
B. Utility Approach Zone: A utility approach zone is established at each end
of all utility runways for visual landings and take -offs. Each utility ap-
proach zone shall have, a width of two hundred fifty feet (250') at a
distance of two hundred feet (200') beyond each end of the runway,
widening thereafter uniformly to a width of one thousand two hundred
fifty feet (1, 250') at a distance of five thousand two hundred feet
(5,200') beyond each end of the runway with its center line being the
continuation of the center line of the runway.
C. Transition Zones: Transition zones are hereby established adjacent to
each precision instrument and utility runway and approach zones as in-
dicated on the Zoning Map. Transition zones symmetrically located on
either side of runways have variable widths as shown on the Zoning
Map. Transition zones extend outward from a line one hundred twenty
five feet (125') on either side of the center line of the utility runway,
for the length of such runway plus two hundred feet (200') on each
end, and five hundred feet (500') on either side of the center line of the
precision instrument runway, for the length of such runway plus two
hundred feet (200') on each end, and are parallel and level with such
runway center lines. The transition zones along such runways slope up-
ward and outward one foot (1') vertically for each seven feet (7') horizon-
tally to the point where they intersect the surface of the horizontal zone.
Further, transition zones are established adjacent to both precision in-
strument and utility approach zones for the entire length of the approach
zones. These transition zones have variable widths, as shown on the
Zoning Map. Such transition zones flare symmetrically with either side
of the runway approach zones from the base of such zones and slope
upward and outward at the rate of one foot (1') vertically for each seven
feet 7) horizontally to the points where they intersect the surfaces of
the horizontal and conical zones. Additionally, transition zones are
established adjacent to the precision instrument approach zone where
it projects through and beyond the limits of the conical zone, extending
a distance of five thousand feet (5,000') measured horizontally from the
edge of the precision instrument approach zones at right angles to the
continuation of the center line of the runway.
D. Horizontal Zone: A horizontal zone is hereby established as the area within
a perimeter established by swinging arcs of ten thousand feet (10,000')
radius from a point two hundred feet (200') beyond the planned ends
of the precision instrument runway on the continuation of the runway
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D) center line and connecting the adjacent arcs by lines tangent to those
arcs. The horizontal zone does not include the precision instrument and
utility approach zones and the transition zones.
E. Conical Zone: A conical zone is hereby established as the area that com-
mences at the periphery of the horizontal zone and extends outward there
from a distance of four thousand feet (4,000'). The conical zone does
not include the precision instrument approach zones and transition zones.
A. Except as otherwise provided in this Chapter, no structure or tree shall
be erected, altered, allowed to grow, or maintained in any zone created
by this Chapter to a height in excess of the height limitation established
for such zone. Such height limitations are established for each of the
zones as follows:
1. Precision Instrument Approach Zone: One foot (1') in height for each
fifty feet (50') in horizontal distance beginning at a point two hundred
feet (200') from and at the center line elevation of the planned end of
the precision instrument runway and extending to a distance of ten thou-
sand two hundred feet (10,200') from the end of the runway; thence
one foot (1') in height for each forty feet (40') in horizontal distance
to a point fifty thousand two hundred feet (50,200') from the planned
end of the runway.
2. Utility Approach Zones: One foot (1') in height for each twenty feet
(20') in horizontal distance beginning at a point two hundred feet (200')
from and at the center line elevation of the planned end of the utility
runway and extending to a point five thousand two hundred feet (5,200')
from the planned end of the runway.
3. Transition Zones: One foot (1') in height for each seven feet (7') in
horizontal distance beginning at any point one hundred twenty five feet
(125') normal to and at the elevation of the center line of utility run-
ways, extending two hundred feet (200') beyond each end thereof, and
five hundred feet (500') normal to and at the elevation of the center
line of the precision instrument runway, extending two hundred feet
(200') beyond each end thereof, extending to a height of one hundred
fifty feet (150') above the airport elevation which is three thousand eight
hundred seventy three feet (3,873') above mean sea level. In addition
to the foregoing there are established height limits of one foot (1') ver-
tical height for each seven feet (7') horizontal distance measured from
the edges of all approach zones for the entire length of the approach
zones and extending upward and outward to the points where they in-
tersect the horizontal or conical surfaces. Further where the precision
instrument approach zone projects through and beyond the conical zone,
a height limit of one foot (1') for each seven feet (7') of horizontal distance
shall be maintained beginning at the edge of the instrument approach
zone measured normal to the center line of the runway extended.
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A) 4. Horizontal Zone: One hundred fifty feet (150') above the airport eleva-
tion or a height of four thousand twenty three feet (4,023') above mean
sea level.
5. Conical Zone: One foot (1') in height for each twenty feet (20') of
horizontal distance beginning at the periphery of the horizontal zone, ex
tending to a height of three hundred fifty feet (350') above the airport
elevation.
B. Nothing in this Chapter shall be construed as prohibiting the growth,
construction or maintenance of any tree or structure to a height up to
fifty feet (50') above the surface of the land.
1 1 —35-4: USERESTRICTIONS: Notwithstanding any other provision of this
.Chapter, no use may be made of land within any zone established
by this Chapter in such manner as to create electrical interference with radio
communication between the airport and aircraft, make it difficult for operators
or aircraft to distinguish between airport lights and others, result in glare in the
eyes of operators of aircraft using the airport, impair visibility in the vicinity
of the airport or otherwise endanger the landing, taking off, maneuvering, or
operating of aircraft.
1 1— 3 5— 5: NONCONFORMING USES:
A. The regulations prescribed by this Chapter shall not be construed to re-
quire the removal, lowering, or other change or alteration of any struc-
ture or tree not conforming to the regulations as of February 5, 1973,
or otherwise interfere with the continuance of any use which was non-
conforming as of such date. Nothing herein contained shall require any
change in the construction or alteration of which was begun prior to
February 5, 1973, and was diligently prosecuted, except as hereinafter
provided in regard to hazard marking and lighting.
B. Notwithstanding the preceding provision of this Section, the owner of
any nonconforming* structure or tree shall permit the installation, opera-
tion, and maintenance thereon of such markers and lights as shall be
deemed necessary by the Joint City -County Airport Board to indicate,
to the operators of aircraft in the vicinity of the Airport, the presence
of such airport hazards. Such markers and lights shall be installed,
operated and maintained at the expense of the Joint City -County Air-
port Board.
C. Whenever a nonconforming structure or tree has been abandoned, or
has been torn down, physically deteriorated, decayed, damaged or other-
wise destroyed, to an extent of more than fifty percent (50%) of its
replacement cost at the time of such occurrence, such structure or tree
shall not be reconstructed, repaired or replaced in a manner exceeding
any applicable height limitation or otherwise deviating from the provi-
sions of this Chapter, and no permit allowing the same shall be issued
hereunder without the prior granting of a variance.
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11 — 3 5 — 6: PE ZITS:
A. Except as otherwise specifically provided in this Section, no material
change shall be made in the use of land and no structure or tree shall
be erected, altered, planted or otherwise established in any zone created
under, by or pursuant to this Chapter unless a permit therefor has been
first applied for and granted. Each application for a permit shall indicate
the purpose for which the permit is desired, with sufficient particularity
to permit a determination of whether the resulting use, structure or tree
will conform to the requirements of this Chapter. If such determination
is in the affirmative, the permit shall be granted.
B. In the area lying within the limits of the horizontal zone and the conical
zone, no permit shall be required for any tree or structure less than seven-
ty five feet (75') high, except when, because of terrain, land contour
or topographic features, such tree or structure would extend above the
height limitation prescribed for such zone.
C. In the areas lying within the limits of the precision instrument and utility
approach zones but at a horizontal distance of not less than four thou-
sand two hundred feet (4,200') from each end of the runways, no per-
mit shall be required for any tree or structure less than seventy five feet
(75') high, except when such tree or structure would extend above the
height limitations prescribed for such instrument or noninstrument ap-
proach zone.
D. In the areas lying within the limits of the transition zones beyond the
perimeter of the horizontal zone, no permit shall be required for any tree
or structure less than seventy five feet (75') high, except when, because
of terrain, land contour or topographic features, such tree or structure
would extend above the height limitations prescribed for such transition
zones.
E. Nothing contained in any of the foregoing provisions shall be construed
as permitting any construction, alteration or growth of any structure or
tree in excess of any of the height limitations established by Section
11 —35-3, subject to the exception contained therein.
F. No permit shall be granted that would allow the establishment or crea-
tion of an airport hazard or permit a nonconforming use, structure, or
tree to be made or become higher, or become a greater hazard to air
navigation, than it was on February 5, 1973, or than it is when the ap-
plication for a permit is made. No permit shall be granted that would
allow the establishment or creation of any use or structure which does
not comply with Montana State air pollution standards. Except as in-
dicated, all applications for such a permit shall be granted.
1 1 —35-7: VARIANCES: Any person desiring to erector increase the height
of any structure, or to permit the growth of any tree, or to use his
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property, in a manner not in accordance with the provisions of this Chapter,
may apply to the Airport Board of Adjustment for a variance from such provi-
sions as provided in Chapter 32 of this Title. Such a variance shall be granted
where it is duly found -that a literal application or enforcement of the regula-
tions would result in practical difficulty or unnecessary hardship and that the
relief granted would not be contrary to the public interest but will do substan-
tial justice and be in accordance with the spirit of this Chapter.
1 1 —35-8: ISSUANCE SUBJECT TO CONDITIONS: If such action is deem-
ed advisable to effectuate the purpose of this Chapter and be
reasonable in the circumstances, any permit or variance granted may be so
conditioned as to require the owner of the structure or tree in question to in-
stall, operate, and maintain thereon such markers and lights as may be necessary
to indicate to operators of aircraft the presence of an airport hazard.
11 —35-9: ENFORCE ENT: The Director of Building and Safety is hereby
designated and charged with the duty of administering and en-
forcing the provisions of this Chapter. The duties of the Director of Building
and Safety shall include that of hearing and deciding all permits under the ap-
plicable section, but the Director of Building and Safety shall not have or exer-
cise any of the powers or duties delegated to the Airport Board of Adjustment.
A. There is hereby created, under sections 67-6-206 and 76-2-321 through
76-2-328, MCA, an Airport Board of Adjustment which shall possess
and exercise the following powers:
1. To hear and decide appeals from any order, requirement, decision,
or determination made by the Joint City -County Airport Board in the en-
forcement of this Chapter.
2. To hear and decide special exceptions to the provisions of this Chapter
upon which said Airport Board of Adjustment under such provisions may
be required to pass.
3. To hear and decide specific variances.
B. The Airport Board of Adjustment shall consist of five (5) members, three
(3) members appointed by the Lewis and Clark County Commission and
two (2) members appointed by the Helena City Commission. Each
member shall serve for a term of three (3) years and until a successor
is duly appointed and qualified. Members may only be removed by the
appointing authority for cause upon written charges after a public hear-
ing. No member of the Airport Board of Adjustment shall be a member
of the Joint City -County Airport Board.
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C. The Airport Board of Adjustment shall adopt rules for its governance and
procedure consistent with the provisions of this Chapter. Meetings of
the Airport Board of Adjustment shall be held at the call of the chairper-
son and at such other times as the Airport Board of Adjustment may
determine. The chairperson may administer oaths and compel the at-
tendance of witnesses. All members of the Airport Board of Adjustment
shall be present at variance hearings. All hearings of the Airport Board
of Adjustment shall be public. The Airport Board of Adjustment shall keep
minutes of its proceedings showing the vote of each member upon each
question and shall keep records of its examinations and other official
actions, all of which shall immediately be filed in the office of the Board
and shall be a public record.
D. The Airport Board of Adjustment shall make written findings of fact and
conclusions of law, giving the facts upon which it acted and its legal
conclusions from such facts, in reversing, affirming, or modifying any
order, requirement, decision or determination which comes before it under
the provisions of this Chapter.
E. The concurring vote of four (4) members of the Airport Board of Ad-
justment shall be necessary to reverse any order, requirement, decision
or determination of the Joint City -County Airport Board, or to decide
in favor of the applicant on any matter upon which it is required to pass
under this Chapter, or to grant any variance from the provisions or re-
quirements of this Chapter.
1 1 —35-1 1: APPEALS:
A. Any person aggrieved, or any taxpayer affected, by any decision of the
Joint City -County Airport Board made in the administration of this
Chapter, may appeal to the Airport Board of Adjustment.
B. All appeals hereunder must be taken within a reasonable time, as pro-
vided by the rules of the Airport Board of Adjustment, by filing with said
Board a notice of appeal specifying the grounds thereof. The Airport
Board of Adjustment shall, within a reasonable time, hear said appeal.
The Board shall give public notice of each such hearing, provide due
notice to the parties in interest, and decide the same within a reasonable
time. Upon the hearing, any party may appear personally or by agent
or attorney.
C. The Airport Board of Adjustment may modify, reverse or affirm, in whole
or in part, the order, requirement decision or determination appealed from
and may make such order, requirement decision, or determination as
may be appropriate under the circumstances.
11-35-12: JtiDICIAL REVIEW: Any person aggrieved, or any taxpayer
affected, by any decision of the Airport Board of Adjustment,
may appeal to the District Court as provided in section 67-6-206 and 76-2-327,
MCA.
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11-35-13: CONFLICTING REGULATIONS: Where an area or location
is subject to more than one height limitation under this Chapter,
or where there exists a conflict between any of the regulations or limitations
prescribed by this Chapter any any other regulations applicable to the same
area, whether the conflict be with respect to the height of structures or trees,
the use of land, or any other matter, the more stringent or restrictive limitation
or requirement shall govern. (Ord., 5-20-85)
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CHAPTER 36
SECTION:
11
—36-1:
Intent
11
—36-2:
Noise Influence Area
11-36-3:
Prohibited Area
1 1-36-4:
Nonconforming Uses
11-36-5:
Permits
1 1-36-6:
Enforcement
11
—36-7:
Appeals
11
—36-8:
Judicial Review
11
—36-9:
Conflicting Regulations
11 —36-1: INTENT: This District is intended to overlay any other zoning
districts and regulations comprising or pertaining to areas to which
it is applicable, so as to prevent undue negative impacts from aviation activities
occurring at the Helena Airport.
1 1 —36-2: NOISE INFLUENCE A: In order to effectuate the intent and
provisions of this Chapter, there is hereby created and established
the Airport Noise Influence District. This District is shown on the Official Zon-
ing Map for the City of Helena, and its boundaries have been defined by
ordinance.
1 1-36-3: PROHIBITED USES: In addition to those uses prohibited in those
other districts overlain by this District, the following uses are also
prohibited in this District:
A. Hospitals, convalescent homes and related health-care facilities which
provide either permanent or temporary housing of patients.
B. Multi -family rental housing intended primarily for the elderly.
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C. Schools, except schools directly associated with the permitted land uses
(such as the Airport Vocational Technical Center).
D. Libraries, except those directly associated with permitted schools.
E. Theaters and other indoor or outdoor facilities for the performing arts.
1 1 —36-4: NONCONFORMING USES: The provisions of this Chapter shall
not be construed to require the removal or alteration of any
structure not conforming to these provisions as of October 26, 1981, or other-
wise interfere with the continuance of any nonconforming use in existence on
said date. Nothing herein shall require any change in the construction, altera-
tion or intended use of any structure, the construction or alteration of which
was begun prior to such adoption and was diligently pursued. Further, any such
nonconforming use may be reconstructed not to exceed its original size following
its total or partial destruction.
A. Except as specifically provided in this Chapter, no material change shall
be made in the use of land and no structure shall be erected, altered
or otherwise established, unless a permit therefor is first applied for and
granted. Each application for a permit shall indicate the purpose for which
the permit is desired, with sufficient particularity to allow a determina-
tion as to whether the resulting use or structure would conform to the
provisions of this Chapter. If such determination is in the affirmative,
the permit shall be granted.
B. Whenever the Joint City -County Airport Board determines that a non-
conforming structure has been vacated or abandoned for more than three
hundred sixty five (365) days or is more than fifty percent (50%) torn
down, physically deteriorated or decayed, no permit shall be granted that
would allow such structure to be in violation of the land use egulations
established in this Chapter, except as provided in Section 11 —36-4
above. In addition, no existing structure shall be substantially altered so
as to violate such regulations.
C. Any person desiring to erect any structure or use property not in accor-
dance with the provisions of this Chapter, may apply to the Airport Board
of Adjustment for a variance. A variance shall be granted where said
board finds, after hearing, that a literal application or enforcement of this
Chapter would result in practical difficulty or unnecessary hardship, and
that the relief requested would not be contrary to the public interest or
safety, but would do substantial justice and be in accordance with the
spirit of the regulations established by this Chapter.
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1 1 —36-7
D. If such action is deemed advisable to effectuate the purpose of this
Chapter, the Airport Board of Adjustment or Joint City -County Airport
Board may condition the granting of any permit or variance upon such
conditions which it deems appropriate and reasonable. The Lewis and
Clark County Special Zoning District Enforcement Officer and the City
of Helena Department of Building and Safety shall provide staff input
to the Joint City -County Airport Board and the Airport Board of Adjust-
ment. In this capacity, said officer and department shall conduct all
necessary investigations, prepare staff reports and provide testimony
for hearings in regard to all requests for permits or variances pursuant
to this Chapter.
li�% 11[10 M►i�LflZiT�l31 ►(� IA
A. The Joint City -County Airport Board or its designated agents shall ad-
minister and enforce the provisions of this Chapter. Said Board shall hear
all applications for permits, but it shall not exercise any of the powers
or duties delegated to the Airport Board of Adjustment. The Joint City -
County Airport Board may authorize the Helena Department of Building
and Safety and/or the Lewis and Clark County Special Zoning District
Enforcement Officer to issue the permits required under this Chapter.
B. The Airport Board of Adjustment, pursuant to the regulations prescrib-
ed by this Chapter, shall:
1. Hear and decide all appeals from any order, requirement, decision or
determination made by the Joint City -County Airport Board in the en-
forcement of this Chapter.
2. Hear and decide special exceptions to the provisions of this Chapter
upon which said Airport Board of Adjustment may be required to pass.
C. In regard to all such matters, said Airport Board of Adjustment shall be
governed by the procedures and substantive regulations set forth for
said Board in Chapter 35 of this Title, including but not limited to those
pertaining to the conduct of hearings, the provision of notice, and the
granting of variances.
1 1 — 36 — 7: APPEALS:
A. Any person aggrieved, or any taxpayer affected, by any decision of the
Joint City -County Airport Board, made in the administrations of this
Chapter may appeal to the Airport Board of Adjustment.
B. All appeals hereunder must be taken within a reasonable time, as pro-
vided by the rules of the Airport Board of Adjustment, by filing with said
Board a notice of appeal, specifying the grounds thereof. The Airport
Board of Adjustment shall, within a reasonable time, hear said appeal.
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11-36-9
B) The Board shall give public notice of each said hearing, provide due notice
to the parties in interest, and decide the same within a reasonable time.
Upon the hearing, any party may appear personally or by agent or
attorney.
C. The Airport Board of Adjustment may modify, reverse or confirm in whole
or in part, the order, requirement, decision or determination appealed
from and may make such order, requirement, decision or determination
as may be appropriate under the circumstances.
11 =36-8:.JUDICIAL REVIEEW: Any person aggrieved, or any taxpayer af-
fected by any decision of the Airport Board of Adjustment may
appeal to the Lewis and Clark County District Court, as provided in sections
67-6-206 and 76-2-237, MCA.
1 1-36-9: CONFLICTING REGULATIONS: Where there exists a conflict
between the provisions of this Chapter and any other regulations
applicable to the same area, whether the conflict is in regard to the use of land
or any other matter, the more stringent limitation or requirement shall govern.
(Ord., 5-20-85)
891