Ordinance 0885 - Zoning Regulations•
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ORDINANCE NO. 885
AN ORDINANCE TO PROVIDE FOR COMPREHENSIVE AMENDMENTS TO KALISPELL
ZONING ORDINANCE, BY PROVIDING FOR DEFINITIONS OF TERMS USED
THEREIN, BY PROVIDING FOR THE ESTABLISHMENT OF AND CLASSIFYING
REGULAR AND SPECIAL USE DISTRICTS; BY PROVIDING GENERAL REQUIRE-
MENTS FOR OFF-STREET PARKING AND OFF-STREET LOADING AREAS, LAND
USE INTENSITY, SIGNS, GREENBELTS AND FLOOD HAZARD AREAS; BY
PROVIDING FOR AN "OFFICIAL ZONING MAP" TO REFLECT THE BOUNDARIES
OF THE ZONING DISTRICTS OF THE CITY; BY PROVIDING FOR A ZONING
ADMINISTRATOR AND THE FUNCTIONS AND POWERS OF A BOARD OF ADJUST-
MENT AND ITS DETERMINATION OF CONDITIONAL USES; BY PROVIDING FOR
AMENDMENT PROCEDURES AND CHANGES OF ZONING TO A PLANNED UNIT
DEVELOPMENT DISTRICT (PUD); BY PROVIDING FOR PENALTIES FOR VIO-
LATION; AND BY PROVIDING FOR EFFECTIVE DATE AND APPLICATION TO
AREAS PRESENTLY WITHIN THE CITY; REPEALING CHAPTER 19A OF THE
KALISPELL CITY CODE.
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF KALISPELL,
MONTANA AS .FOLLOWS:
Section I. The City of Kalispell Zoning Ordinance as pre-
sently in force is hereby amended. The existing Kalispell Zoning
Ordinance is repealed in its entirety except as provided in
Chapter 6, Section 6.17 of this amending Ordinance. Also, Chapter
19-A of the Kalispell City Code is repealed in its entirety
inasmuch as same is incorporated herein in Chapter 4.
Section II. This amending Ordinance is as follows:
CHAPTER 1
TITLE AND PURPOSE
Section 1.01. This ordinance and maps adopted pursuant hereto
shall be known as, and be cited and referred to as the "City of
Kalispell Zoning Ordinance" in accordance with and exercising the
authority of the Laws of the State of Montana, Title 11, Chapter
27, R.C.M., 1947, as amended.
Section 1.02. The purpose of this ordinance is to promote the
health, safety, and general welfare of the community; to conserve
natural resources; to provide adequate accommodations for trans-
portation of people and goods; to provide adequate light and air;
to facilitate the provisions for public works requirements s-uch
as water, sewer, and -environmental needs; to promote orderly
development according to the Comprehensive Plan adopted by the
City of Kalispell; to regulate and restrict the height, number of
stories, and size of buildings and other structures, the percen-
tage of lot that may be occupied, the size of yards and other
open spaces, and the location and use of buildings, structures,
and land for trade, industry, residences, and/or other purposes.
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CHAPTER 2
DEFINITIONS
Section 2.01. For the purpose of this ordinance, certain terms
or words used herein are defined as follows:
All words used in the present tense include the future
tense; all words in the plural number include the singular
number and all words in the singular number include the
plural number, unless the natural construction of the word-
ing indicates otherwise. The word "lot" includes the word
"plot" or "parcel"; the word "building" includes the word
"structure"; the word "shall" is mandatory and not discre-
tionary. The words "used" or "occupied" shall include
within their meaning "intended", "arranged", or "designed"
to be used or occupied. The word "person" shall include a
"corporation", "partnership" or other entity. Unless other-
wise specified, all distances shall be measured horizon-
tally. The word "City" means City of Kalispell, State of
Montana. The term "council" or "city council" means the
city council of the City of Kalispell, State of Montana.
The term "Zoning Commission" means the city appointed members
of. the Kalispell City -County Planning Board duly appointed
to serve in that capacity.
Abandonment. The actual cessation of a "non -conforming use"
coupled with the intent not to put the premises again to the same
use. Proof of said intent not to abandon must be clearly infer-
able from existing facts.
Accessory Building or Use. A use, a building or structure, part
obuilding or structure, which is subordinate to, and the use of
which is incidental to that of the main building, structure, or
use on the same lot. If an accessory building is attached to the
main building or structure by a common wall or roof such acces-
sory building shall be considered a part of the main building.
Agriculture. The use of land for agricultural purposes, includes
farming, dairying, pasturage, grazing land, animal and poultry
husbandry, feed lots and includes the necessary accessory uses
for packing, treating, storing or shipping of products. Raising
and harvesting of timber is also included.
Airport, Heliport, or Aircraft Landing Field. Any runway, landing
area or other facility whether publicly or privately owned and
operated, and which is designed or used either by public carriers
or by private aircraft for landing and taking off of aircraft,
including all necessary taxiways, aircraft storage and tie -down
areas, hangers and other necessary buildings and open spaces.
Alley. A passage or way, open to public travel, and dedicated to
public use, affording a secondary means of vehicular access to
abutting lots and not intended for general traffic circulations.
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Alterations. A change or rearrangement of the structural parts
' of existing facilities, or an enlargement by extending the sides
or increasing the height or depth, or the moving from one loca-
tion to another.
Apartment. A room or a suite of two (2) or more rooms in a
multiple -family dwelling or in any other building, not a single
family dwelling or a two-family dwelling, occupied or suitable
for occupancy as a dwelling unit for one (1) family.
Apartment House. A building or portion of a building arranged or
designed to be occupied by three (3) or more families living
separately from each other and containing three (3) or more
apartments.
Automobile,.Boat and/or Trailer Sales Area. An open area, other
than a street, used for the display, sale or rental of new or
used automobiles, boats, or trailers, and where no repair work is
done except minor incidental repair excluding body and fender
work or spray painting of automobiles, boats, or trailers to be
displayed, sold, or rented on the premises.
Automobile Service Station. (See Service Station).
Automobile wrecking. The dismantling or wrecking of motor vehi-
cles or trailers, or the storeage, sale, or dumping of dismantled
or partially dismantled, obsolete, or wrecked vehicles or their
parts.
Automobile Wrecking Yard. Any premises devoted to automobile
wrecking as the term automobile wrecking is defined hefein.
Basement. That portion of a building partly underground and
having at least one-half of its height more than five feet below
the adjoining finished grade.
Beneficial,Open Space. "Beneficial open space" means open space
performing a necessary or desirable function in relation to the
adjoining residential use. Beneficial open space may include
among other similar areas rivers, lakes, public parks, and grounds
around public buildings.
Board of.Adjustment. A quasi-judicial body, created under Section
6.0— 5 o this ordinance.
Boarding House. A dwelling in which more than three (3) persons
either individually or as families are housed or lodged for hire
with or without meals.
Buildable Area. "Buildable area" is that portion of a lot, upon
' which a building may lawfully be constructed.
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Building. Any structure having a roof supported by columns or
walls for the housing or enclosure of persons, animals or chat-
tels. When any portion thereof is completely separated from
every other portion thereof by a division wall without openings
then each such portion shall be deemed to be a separate building.
Building Area. "Building area" is total area covered by enclosed
building space including total area of all covered open space,
except for open space covered by eaves and normal overhang of
roofs, but not including uncovered entrance platforms, uncovered
terraces, or uncovered steps where such features do not them-
selves constitute enclosures for building areas below them.
Building Height. The height of a building is the vertical dis-
tance from the established grade to the highest point on the roof
or parapet wall.
Building Line. The line of that face, corner, roof or part of a
building nearest the property line.
Building Pegrmit. An official document or certificate issued by
the buildinofficial authorizing the erection, construction,
enlargement, alteration, repair, movement, improvement, removal,
conversion or demolition of any structure within the planning
area
Business or Commerce. The purchase, sale, offering for sale, or
other transaction involving the handling or disposition of any
article, service, substance or commodity for livelihood or profit;
or the management or occupancy of the office buildings, offices,
recreation -or amusement enterprises; or the maintenance and use
of buildings, offices, structures or premises by professions and
trades or persons rendering services.
Campground. Any area or tract of land used or designed to accom-
modate two (2) or more camping parties, including cabins, tents,
camping trailers or other camping outfits.
Carport. A structure to house or protect motor vehicles which
has at least 50 percent of the total area of its sides open to.
the weather.
Child Care Center. Any establishment which provides shelter,
care, activity and supervision (with or without academic instruc-
tion) for five or more children (between birth and six years of
age) between the hours of 7:00 a. m. and 7:00 p. m.
Church. A building, together with its accessory buildings and
uses, where persons regularly assemble for religious worship, and
which building, together with its accessory buildings and uses,
is maintained and controlled by a religious body organized to
sustain public worship.
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Clinic'. A building designed and used for the medical or similar
examination, and treatment of persons as outpatients.
Club. An incorporated or unincorporated association of persons
organized for social, fraternal, religious, athletic, educational,
literary or charitable purposes whose activities are confined to
the members and their guests and are not extended to the general
public. Property occupied by a club shall be subject to the
regulations governing public buildings and places.
Cluster. A pattern of residential development wherein units are
grouped together around access courts with the remainder of the
yard left in its natural condition.
Commercial or Business Use. (See Business or Commerce).
Commercial Vehicle. A motor vehicle used for purposes other than
a family car, such as a taxi, delivery or service vehicle.
Conditional Use. "Conditional use" means a use permitted in one
or more zones as defined by this ordinance but which, because of
characteristics peculiar to such use, or because of the size,
technological processes or equipment, or because of the exact
location with reference to surroundings, streets, and existing
improvements or demands upon public facilities, requires a special
degree of control to make such uses consistent with and compatible
to other existing or permissible uses in the same zone or zones.
Conditional Use Permit. "Conditional Use Permit" means the
documental evidence of authority granted by the Board of Adjust-
ment to locate a Conditional Use at a particular location.
Condominium. ownership in common with others of a parcel of land
and certain parts of a building, together with individual owner-
ship in fee of a particular unit or apartment in such building.
Court. An open, unoccupied space other than a yard, on the same
lot —with a building or buildings and which is bounded on two or
more sides by such building or buildings including the open space
in a house, court, or apartment, providing access to the units
thereof.
Covered Moorage Building Area. Shall be deemed to be the area of
water lying directly beneath that portion of a structure covered
by a roof.
Dairy. Any premises where three (3).or more cows, three (3) or
more goats, or any combination thereof are kept, milked, or
maintained.
' Day Care Center. A use carried on providing care and supervision
of more than four (4) children not related by blood or marriage
to, or not the legal wards or foster children of the attendant
adult.
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Detached
Detached Building. A building surrounded on all sides by open
space.
Developer. "Developer" shall mean an owner or any person with
authorization from the owner, who intends to improve or to con-
struct improvements upon his property.
District. An area defined as to boundaries and location on an
official zoning map and within which area only certain types of
land uses are permitted and within which other types of land uses
are excluded, as set forth in this ordinance.
Dock. A basin for moorage of boats, including a basin formed
between the extension of two piers or the area between a bank or
quay and a pier. Docking facilities may include moorage or docks
or any place or structure connected with the shore or upon shore -
lands provided for the securing of a boat.
Drive -In Restaurant. A use whose retail character is dependent
on a driveway approach and parking space on the premises for
motor vehicles so as to either serve customers while in the
vehicle or else permit consumption of food or beverages obtained
on the premises, in a vehicle.
Dwelling. A building used for human residential purposes.
Dwelling, Multi -Family. A building designed to house three or
more families living independently of each other in separate
dwelling units but having one yard in common.
Dwelling, Single -Family. A detached building designed for and
occupied exclusively by one family and the household employees of
that family.
Dwelling, Two -Family. A detached or semi-detached building used
for residential occupancy by two families living independently of
each other.
Dwelling Unit. one or more rooms designed for or occupied by one
(1) family for living or sleeping purposes and containing kitchen
and bathroom facilities for use solely by one family. All rooms
comprising a dwelling unit shall have access through an interior
door to other parts of the dwelling unit.
Electrical Distribution Substation. An assembly of equipment
designed to receive energy from a high voltage distribution
supply system, to convert it to a form suitable for local dis-
tribution and to distribute the energy to feeders through switch-
ing equipment designed to protect the .service from the effects of
faults.
Eligible Covered Open Space. "Eligible covered open space" is
exterior space open on its sides but not open above to weather,
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including (if otherwise meeting this definition) roofed carports,.
' roofed porches, lanais, and exterior spaces covered by portions
of buildings supported on columns or canti-levered, subject to
the limitation that the maximum horizontal area of any covered
open space shall not exceed twice the sum of the vertical area of
sides or portions thereof which are open and unobstructed.
Essential Use. That use for the preservation or promotion of
which the use district was created, and to which all other per-
mitted uses are subordinate.
Established Grade. The high point of the sidewalk at the front
or side lot line as established by the City.
Existing Use. The actual lawful use of the premises at the time
this ordinance was adopted or at the time a building permit has
been issued provided work has been actually done thereon or a
valid contract made for such work within the intent of the permit
and before the amendment of this ordinance, insofar as it:affects
the use allowed under the permit.
Extractive Industries. "Extractive industries" are commercial or
industrial operations involving the removal and processing of
natural accumulations of sand, rock, soil, gravel or any mineral.
Family. One or more persons related by blood, marriage, adoption_,
or a group of not more than four (4) persons excluding servants,
not related by blood or marriage, living together as a single
housekeeping unit in a dwelling unit.
Fence. A masonry wall or a barrier composed of posts connected
by boards; rails, panels, or wire for the purpose of enclosing
space or separating parcels of land. The term "fence" does not
include retaining walls.
Flood. The water of any watercourse or drainway which is above
the bank or outside the channel and banks of such watercourse or
drainway.
Flood 100 Year Frequency. A flood magnitude expected to recur on
the average of one every one hundred (100) years, or a flood
magnitude which has a one percent (1%) chance of occurring in any
given year.
Flood Fringe. That portion of a designated flood plain outside
the limits of a designated floodway.
Flood Plain. The area adjoining the watercourse or drainway
which h would be covered by the flood water of a flood of one
hundred (100) year frequency.
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Floodway. The channel of a watercourse or drainway and those
portions of the flood plain adjoining the channel which are
reasonably required to carry and discharge the flood water of any
watercourse or drainway.
Floor Area. The sum of the gross horizontal areas of the floors
of a building or buildings, measured from the exterior faces of
exterior walls and from the centerline of divison walls. Floor
area shall include: Basement space where the ceiling is at least
30 inches above the ground elevation of adjacent portion of the
lot, elevator shafts and stairwells at each floor, mechanical
equipment rooms or attic spaces with head room of 7'6" or more,
penthouse floors, interior balconies and mezzanines, enclosed
porches. Floor area shall not include: Accessory water tanks
and cooling.towers, mechanical equipment or attic spaces with
head room of less than 7'6", exterior steps or stairs, terraces,
breezeways and open spaces.
Floor Area Ratio. "Floor area ratio" means the ratio of floor
area to land area expressed as a percent or decimal which shall
be determined by dividing the total floor area on a zoning lot by
the lot area of that zoning lot.
Foster Home. A facility wherein (a) the operator is not legally
related to the individuals supervised and is licensed by the
State and wherein (b) not more than eight (8) individuals reside
and are provided with room, board, ordinary care, and supervision.
Except that more than eight (8) individuals may reside in a home
where such individuals are all related to one another as brothers
and./or sisters. The term "foster home" shall include, without
limitation by reason of enumeration, receiving homes and free
homes.
Fraternity, Sorority, or Student Cooperative. A building occupied
by and maintained exclusively for students affiliated with an
academic or professional college or university, or other recog-
nized institution of higher learning and regulated by such
institution.
Garage, Commercial. A building or portion thereof designed and
used for the storage, repair or servicing of motor vehicles or
boats as a business.
Garage, Private. An accessory building or an accessory portion
of the main building, enclosed on not less than three (3) sides
and designed or used only for the shelter or storage of vehicles
owned or operated only by the occupants of the main building or
buildings.
Greenbelt. A strip of land, variable in width, for the planting,
growing and maintaining of a sight -obscuring screen of healthy
native trees or cultivated landscaping to attain an ultimate
height of not less than eight feet..
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Ground Elevation. "Ground elevation" shall mean the finished
grade of a sidewalk adjacent to any front yard property line or
' the adjacent street right-of-way line if no sidewalk exists. On
side and rear property line, "ground elevation" shall be the
natural grade of said side or rear property line.
Group home. A facility wherein (a) the operator is not legally
related to the individuals supervised and is licensed by the
State and wherein (b) one (1) or more individuals is provided
with room, board, specialized and distinctive care and supervi-
sion in a family environment, or where five (5) or more indivi-
duals reside and are provided with room, board, ordinary care and
supervision in a family environment. The term "group home" shall
include, without limitation by reason of enumeration, receiving
homes, and work or wage homes.
Guest.House. A detached structure, being an accessory to one -
family dwelling with not more than two bedrooms, having no kitchen
facilities, and which shall be used and/or designed for use
primarily by guest and/or servants for sleeping quarters only.
Home Occupation. Any use conducted entirely within a dwelling
and carried on by the members of the family, which use is clearly
incidental and secondary to the dwelling for dwelling purposes
and does not change the character thereof and in connection
therewith are no commodities sold upon the premises except that
which is produced thereon; provided, that the use does not involve
more than one-fourth of the total square footage of the dwelling.
The conducting of a hospital, barber shop, beauty shop, tea room,
tourist home, animal hospital, or any traffic generating use,
shall not be deemed to be a home occupation.
Hospital. An establishment which provides accommodations, facil-
ities, and services over a continuous period of 24 hours or more,
for observation, diagnosis and care of two or more individuals,
not related by blood or marriage to the operator, who are suffer-
ing from illness, injury, deformity or abnormality, or from any
condition requiring obstetrical, medical or surgical services.
Hospital, Animal. A building or premises for the medical or
surgical treatment of animals or pets, including dog, cat and
veterinary hospitals, including the boarding of hospitalized
animals, but excluding the boarding of animals not subjected to
medical or surgical treatment.
Hotel. A building containing 5 or more individual sleeping rooms
or suites, having each a private bathroom attached thereto, for
the purpose of providing overnight lodging facilities to the
general public for compensation with or without meals, excluding
accommodations for employees. Where a hotel is permitted as a
principal use, all uses customarily and historically accessory
' thereto for the comfort, accommodation and entertainment of the
patrons, including the service of alcoholic beverages, shall be
permitted upon proper licensure.
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Junk Yard. A lot, land or structure, or part thereof, used for
the collection, storage and sale of waste paper, rags, scrap
metal or discarded material, or for the collection, dismantling,
storage, salvaging or sale of parts of machinery not in running
condition.
Kennel, commercial. Any lot or building in which four or more
adult dogs and/or cats are kept, boarded, trained or propagated,
whether in special structures or runways or not.
Livestock. "Livestock" means horses, bovine animals, sheep,
goats, swine, donkeys, mules and all wild animals.
Living Open Space. "Living open space" is that portion of open
space not used by automotive vehicles, but reserved for outdoor
living space, recreational space and landscaping.
Lot. A parcel of land occupied or to be occupied by one building
and the accessory buildings or uses customarily incident to it,
including such open spaces as are arranged and designed to be
used in connection with such buildings.
Lot Area. The total horizontal area within the boundary lines of
a lot. Where surface utility or street easements are located
within a parcel, lot area computation shall not include that area
contained within the easement.
Lot Corner. A lot at the junction of and fronting on two or more
intersecting streets.
Lot, Depth. The mean dimension of the lot from the front street
line to the rear line.
Lota Interior. A lot fronting on one street.
Lot, Through. A lot fronting on two streets that do not inter-
sect on the parcel's lot lines. May be referred to as "Double
.Frontage Lot".
Lot, Width. The dimension of the lot line at the street, or in
an irregular shaped lot the dimension across the lot at the
building line, or in a corner lot the narrow dimension of the lot
at .a street or building line.
Marquee. A fixed shelter used only as a roof and extending
beyond a building line and which is entirely supported by the
building to which it is attached.
Mean Ground Level. The average of the finished ground level at
the center of all exposed walls of a building. Where walls are
parallel to and within five feet of a sidewalk, the sidewalk
shall be considered the mean ground level.
Mobile Home or Trailer. A portable dwelling unit exceeding 8
feet in width and exceeding a total of 320 square feet, overall,
designed to be moved from place to place by an independent power
source; subsequent removal of means of portability does not
change the character of such a unit.
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Mobile Home Park.
improve f� or the
dential use.
A parcel of land which has been planned and
placement of one or more mobile homes for resi-
Mobile Home Subdivision. A subdivision designed and intended for
residential use where residence is in mobile homes exclusively,
and where the lot is sold or rented to the occupant.
Mobile Module. A factory -fabricated, transportable building unit
designed to be incorporated at a building site into a structure
to be used for residential, commercial, educational, or indus-
trial purposes, put on a permanent foundation and joined to make
a single unit.
Moorage. A place to tie up or anchor a boat or vessel.
Motel. (See "Hotel").
Non -conforming Use. A use which does not conform to the regula-
tions of the district in which the use is located.
Nursery, Day. (See Child Care Center).
Off-street Parking. Parking facilities for motor vehicles on
other than a public street or alley.
' 2en S ace. Any part of a lot unobstructed from the ground
pwar .T Any area used for parking or maneuvering of automotive
vehicles or storage of equipment or refuse shall not be deemed
public open space.
Parking Space. A space within or without a building, exclusive
of driveways, at least 180 sq. ft. used to temporarily park a
motor vehicle and having access to a public street or alley.
Pasture. An area confined within a fence or other physical
ba er and which area is used for grazing or roaming or live-
stock.
Permanent. Having attachment to the ground through the use of
concrete footing and foundations in confirmity with existing
building codes.
Permitted Use. Any use authorized or permitted alone or in
conjunction with another use in a specified district and subject
to the limitations of the regulations of such use district.
Planned Unit Development. A tract of land developed as an inte-
grated unit. The development is unique and is based on a plan
which allows for flexibility of design, setting, and density not
otherwise possible under the prevailing zoning district regulations.
Planning Area. The City of Kalispell and any other area to which
the zoning jurisdiction of the City is lawfully extended.
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Prefabricated Building. A structure prepared and manufactured so
that it can be conveniently shipped to a place of assembly,
erected and placed on a permanent foundation.
Principal Use. The primary or predominant use to which the
property is or may be devoted, and to which all other uses on the
premises are accessory.
Professional Offices. Offices maintained and used as a place of
business conducted by persons engaged in the healing arts for
human beings, such as physicians and dentists (but wherein no
overnight care for patients is given), and by engineers, attor-
neys, architects, accountants and other persons providing services
utilizing training in and knowledge of the mental discipline as
distinguished from training in occupations requiring mechanical
skill or manual dexterity or the handling of commodities.
Projection. The distance any part of a structure extends over
public property or beyond the building setback line.
Public Utility. A public service corporation performing some
public service and subject to special governmental regulations,
or a governmental agency performing similar public services, the
services by either of which are paid for directly by the recip-
ients thereof. Such services shall include, but are not limited
to, water supply, electric power, telephone, TV cable antenna,
gas and transportation for persons and 'freight. '
Recreational Area, Commercial. An area operated for profit and
devoted to facilities and equipment for recreational purposes,
including swimming pools, tennis courts, playgrounds and other
similar uses whether the use of such area is limited to private
membership or whether open to the public upon the payment of a
fee or service charge.
Recreational Area, Noncommercial. An area devoted to facilities
and equipment for recreational purposes, swimming pools, tennis
courts, playgrounds, community club houses and other similar uses
maintained and operated by a non-profit club, homeowner's associa-
tion, or other corporate structure and whose membership is limited
to the residents within the area.
Recreation Space. Recreation space" is open space for both
passive and active recreation. Passive recreation facilities
include outdoor sitting areas in the form of sundecks, balconies
or roof gardens, shaded areas along walkways or portions of
walkways overlooking open areas. Active recreation areas include
pedestrian ways located and landscaped to provide for strolling
activities, tennis courts, swimming and boating areas, shuffle-
board courts, bridle paths, playlots, playgrounds and playfields.
Recreation Vehicle. A travel trailer or camping trailer designed
to be towed, motorized homes and pick-up campers on coaches
designed and constructed for human habitation, which can be
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operated independently of utility connections and designed to be
used principally as a temporary dwelling for travel, recreation
and vacation. A travel trailer shall not exceed 8 feet in width
nor 32 feet in length.
Rest Home, Convalescent Home, Home for the Aged. "Rest home",
"convalescent home", and "home for the aged", means a home oper-
ated similarly to a boarding house but not restricted to any
number of guests or guest rooms, and the operator of which is
licensed by the State and in which nursing, dietary and other
personal services are furnished to convalescents, invalids and
aged persons, but in which homes are kept no persons suffering
from an acute mental sickness, or from a contagious and communic-
able disease, and in which homes are performed no surgery or
other primary treatments such as are customarily provided in
hospitals, and in which no persons are kept or served who nor-
mally would be admitted to a mental hospital.
Retirement Home. A place of residence for several families or
individuals in apartment -like quarters, rented, cooperative, or
condominium, which may feature services to retired persons such
as limited nursing facilities, minimum maintenance, living accom-
modations, and recreation programs and facilities.
Riding Academy. Any establishment where horses are kept for
riding, driving, or stabling for compensation or as an accessory
use in the operation of a club, association, ranch or similar
establishment.
Rooming House. Same as "Boarding House".
Row House. A building or structure that has three (3) or more
one -family dwellings erected in a row as a single building, each
being separated from the adjoining unit or units by an approved
fire wall or walls extending from the basement floor to above the
roof along one or both side lot lines and each such "row house"
building being separated from any other building space on all
sides.
Sanitarium. An institution for the treatment and care of the
chronically ill or for patients requiring long-term therapy, rest
and recuperation.
School, Commercial. A building where instruction is given to
pupils in arts, crafts, or trades, and operated as a commercial
enterprise as distinguished from schools endowed and/or supported
by public taxation.
School: Elementary, Junior or Senior High, including Public,
Private and Parochial. An institution of learning which offers
instruction in the several branches of learning and study required
' to be taught by the Montana Board of Education.
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School: College or University. A public or private institution
for higher learning (beyond grade 12) providing courses of instruc-
tion as approved by the Montana Department of Education or a
national collegiate or university accreditation agency.
Secondhand and Antique Stores. Any retail establishment in which
the principal portion of the articles, commodities, or merchandise
handled, offered for sale, or sold on the premises, is used or
not new.
Semi -private Facility. Any facility to which a class or a group
of the public is permitted to attend or use subject to the regu-
lations of a club or other organization owning or regulating such
facility.
Service Station, Automobile. An occupancy which provides for a
drive-in type business and in which business or service may be
provided with or without the customer leaving the vehicle. It
also may include the following:
a. The servicing of motor vehicles and operations inciden-
tal thereto limited to the retail sale of petroleum
products and automotive accessories; automobile washing;
waxing and polishing of automobiles; tire changing and
repairing, excluding recapping; battery service, charg-
ing and replacement; radiator cleaning and flushing,
excluding steam cleaning and repair; and installation
of accessories.
b. The following operation if conducted within a building;
lubrication of motor vehicles; brake servicing limited
to servicing and replacement of brake cylinders, lines
and brake shoes; wheel balancing; the testing, adjust-
ment, and replacement or servicing of carburetors,
coils, condensers, distributor caps, fan belts, filters,
generators, points, motors, spark plugs, voltage regu-
lators, water and fuel pumps, water hoses and wiring.
Shelter Station. A shelter for the protection from the elements
of the waiting customers of a public transportation system.
Solid Planting. A planting of evergreen trees and shrubs which
wall prevent a thorough and unobscured penetration of sight and
light.
Stable, Private. A detached accessory building in which horses
or other animals owned by the occupant of the premises are kept
and in which no such animals are kept for hire, renumeration or
sale.
Stable, Public. A stable other than a private stable. '
Story. That part of a building lying between two floors or
between the floor and ceiling of the highest usable level in the
building.
2-13
i
WIN
Street. A public or private
thoroughfare which affords the
principal means of access
Structure. A combination
to
of
abutting properties.
materials constructed and erected
permanently on the ground
or
attached to something having a
permanent location on the
ground. Not included are residential
fences less than six feet
in
height, retaining walls, rockeries
and similar improvements of a
minor character less than three
feet in height.
Structural Alterations. Any change in the supporting members of
a building, such as bearing walls or partitions, columns, beams
or girders, or any substantial change in the roof or in the
exterior walls.
Temporary. Not having or requiring permanent attachment to the
ground, or involving structures which have no required permanent
attachment to the ground.
Theater. A structure used for dramatic, operatic, motion pic-
tures, or other performance, for admission to which entrance
money is received and no audience participation or meal service
allowed.
Theater, Drive -In. An establishment to provide entertainment
through projection of motion pictures or an outdoor screen for
' audiences whose seating accommodations are provided by their own
motor vehicles parked in spaces provided on the same site with
the outdoor screen.
Town House. (See Row House).
Trailer. (See Mobile Home or Recreation Vehicle).
Trailer Court. (See Mobile Home Park).
Trailer Subdivision.* (See Mobile Home Subdivision).
Usable Roof Area. "Usable roof area" is total roof area of
residential buildings, garages, and accessory buildings which has
been landscaped or improved as recreation space for use of resi-
dents of the development.
Use. The purpose land or buildings or structure now serves or
for which it is occupied, maintained, arranged, designed, or
intended.
Variance. A variance is an adjustment made in the application of
the specific regulations to a particular piece of property. A
variance is a form of special exception to this ordinance granted
by the appropriate body.
Yard. An open space in front, rear or side on the same lot with
a building or proposed building unoccupied and unobstructed from
the ground upward.
2-14
f
Yard, Front. A yard extending between side lot lines across the
front of a lot.
Yard, Rear. A yard extending between the side lot lines across I
the rear of a lot.
Yard, Service. An open area, usually paved, with access to a
street or alley, to allow vehicular access to a building or use
for purposes of loading or unloading equipment, freight, live-
stock, or people.
Yard, Side. A yard extending from the front yard to the rear
yard across the side of a lot.
Zoning Administrator. A duly appointed officer of the City
charged with the administration and enforcement of the provisions
of: the adopted ordinance.
2-15
505
CHAPTER 3
' ZONING DISTRICTS
Section 3.01. Intent. The purpose of this chapter is to estab-
lish districts wherein compatible uses of land may be grouped to
create, protect or maintain a living environment; to stabilize
and protect the uses contained within the districts; to allow a
maximum degree of latitude within the districts, conduct profit-
able business or contribute to the economy of the City. It is
also the purpose of this chapter to make it possible to more
efficiently and economically design and install all physical
public service facilities in terms of size and capacity to ade-
quately and permanently meet needs resulting from a defined
intensity of land use; providing for the health, safety, morals,
prosperity and well being of the total area.
Section 3.02. Establishment of Districts. In order to carry out
the intent or purpose of this ordinance, the following districts
are hereby established with the general purposes listed below and
the specifically permitted and conditional uses tabulated in
Section 3.03.
A. Agricultural AG-1. A district to protect and preserve
agricultural land for the performance of a wide range of
' agricultural functions. It is intended to control the
scattered intrusion of uses not compatible with an agricul-
tural environment, including but not limited to residential
development.
B. Agricultural. AG-2. A district to protect and preserve
agricultural land for the performance of a wide range of
agricultural functions. It is intended to control the
scattered intrusion of uses not compatible with an agricul-
tural environment, including but not limited to residential
development.
C. Suburban Agricultural SAG-1- A district to protect and
preserve agricultural lands for the performance of limited
agricultural functions and to provide a buffer between urban
and unlimited agricultural uses, encourage concentration of
such uses in areas where potential friction of uses will be
minimized.
D. Residential R-1. A residential district to provide estate
type development. These areas would normally be located in
rural areas away from concentrated urban development, or in
areas where it is desirable to permit only low density
development, e.g., extreme topography, areas adjacent to
flood plains, airport runway alignment extension, etc.
E. Residential R-2. A residential district to provide for
large tract development. These areas will be found in
suburban areas, beyond sanitary sewer and/or water lines.
3-1
506
F. Residential R-3. A district to provide adequate lot areas
for urban residential development; should have good thorough-
fare access, and be in proximity to community and neighborhood
facilities, i.e., schools, parks, shopping areas, etc. This
development will normally require all public utilities.
G. Residential R-4. A residential district to provide lot
areas for urban development. This development must be
served by all public utilities.
H. Residential R-5. A residential district with minimum lot
areas. Development within the district will require all
public utilities, and all community facilities. Two-family
dwellings are permitted in this district.
I. Residential Apartment RA-1. A residential apartment dis-
trict to provide areas for low intensity multi -family use,
and for non-residential uses which support or are compatible
with the primary residential character. This district is
intended as a buffer between residential districts and other
denser, non -compatible districts. This district must be in
close proximity to thoroughfare and be served by public
facilities. This district is intended to apply throughout
the Planning Area.
J. Residential Apartment RA-2. A residential apartment dis-
trict to provide areas for multi -family use and compatible
non-residential uses of medium land use intensity. It
should be closely associated with primary intensity genera-
tors. This district may be applied within the Planning
Area, but requires thoroughfare access and all public
facilities.
K. Residential Apartment RA-3. A residential apartment district
to provide areas for multi -family use and compatible non-
residential uses of high land use intensity. This district
is intended for central and inner-city use and not for
suburban use. This district demands public and community
facilities and a buffer area between it and other residential
districts.
L. Neighborhood Business B-1. A business district to provide
commercial areas within or adjacent to residential areas to
meet the demand for certain types of convenience commercial
services which cater to the daily needs of the surrounding
population. This district is not intended for those busi-
nesses that:
1. Draw customers from well beyond a neighborhood boundary;
or
2. Require the outdoor display, sale and/or storage of
merchandise, outdoor services or operations, or outdoor
consumption of food and beverages.
3-2
l
This district should be a business island of not more than
five acres in size, rather than a strip development.
M. Neiahborhood Professional Business B-2. A business district
to provide areas for professional offices within and adja-
cent to residential areas. Since these office structures
need not be commercial in appearance, they should architect-
urally be harmonious with the adjacent residential struc-
tures. This district can serve as a buffer between residen-
tial areas and other commercial districts. This district
should be a business island of not more than two acres in
size.
N. General Business B-3. A business district to provide areas
for those retail sales and service functions and businesses
whose operations are typically characterized by outdoor
display, storage and/or sale of merchandise, by major repair
of motor vehicles, and by outdoor commercial amusement and
recreational activities. This district would also serve the
general needs of the tourist and traveler.
This district depends on proximity to major streets and
arterials. This district should be located in business
corridors or in islands.
O. Community Business B-4. A business district to provide
areas for the development of community shopping areas, to
serve the range of a number of neighborhoods to a major
segment of the Planning Area. This district should be a
business island of not more than ten acres and not a strip
development.
P. Central Business District B-5. A business district to set
apart that portion of the City which forms the center for
financial, commercial, governmental, professional and cul-
tural activities. Suitability of this district for the
performance of these functions, it is hoped, will be contin-
ued and that uses likely to create friction will be dis-
couraged. This district is not intended for general appli-
cation throughout the Planning Area.
Q. Resort Business District B-6. A district to provide high
density hotel, motel, multi -family and limited retail and
commercial service facilities where such uses are desirable
for resort development and where public facilities are
available. This district is not intended for general appli-
cation but should be limited to tourist destination centers.
R. Industrial, Light 1-1. An industrial district to provide
li areas for ght industrial uses that typically do not create
' objectionable characteristics (such as dirt, noise, glare,
heat, odor, smoke, etc.) which extend beyond the lot lines.
Such light industrial uses would include light manufacturing,
3-3
508
processing, fabrication and assembling of products or mater-
ials, warehousing and storage and transportation facilities. '
It is also intended that the encroachment of non -industrial
uses within the district be prevented.
S. Industrial, Heavy 1-2. An industrial district to provide
areas for heavy industrial uses to accommodate heavy manu-
facturing, processing, fabrication and assembling of pro-
ducts or materials. It is also intended that the encroach-
ment of non -industrial uses within the district be prevented.
T. Floodway FW. A flood hazard district to restrict or prohibit
uses which are dangerous to health, safety of property in
times of flood or cause increased flood heights or velocities.
U. Public P-1. A public district to provide and reserve areas
for public uses in order to preserve and provide adequate
land for a variety of community facilities which serve the
public health, safety and general welfare. Said public.uses
would include schools, public buildings, parks and open
spaces, etc.
V. Planned Unit Development PUD. A district to encourage a
more efficient use of land and of public services by allow-
ing under certain circumstances a more flexible means of
land development than is otherwise permissible under lot by
lot restrictions generally. '
Section 3.03. Special Districts.
3.03.1. Flood Fringe-FF.
A. Purpose. A flood hazard district to protect life and
property; to reduce public and private costs for flood
control and rescue and relief efforts; to guide property
development of the flood plain.
B. Application. The FF Flood Fringe Special District may
be used in conjunction with any of the districts estab-
lished in Section 3.02, A.through V.
C. Permitted Uses and General Requirements. The uses
permitted in Table 3-1 and the Bulk and Dimensional
Requirements in Table 3-2 shall apply to the basic
district. The requirements of the FF Flood Fringe
Special District, as stated in Section 3.03, D, shall
also apply.
D. Requirements of FF Flood Fringe Special District.
1. Residential structures must be constructed on '
suitable fill such that the lowest finish -floor
elevations (including basement) are two (2) feet
or more above the elevation of the flood of one
3-4
hundred (100) year frequency. The fill shall be
at an elevation no lower than elevation of the
flood of one hundred (100) year frequency and
shall extend for at least fifteen (15) feet at
that elevation beyond the structure in all direc-
tions. Where existing streets, utilities, or lot
dimensions make strict compliance with this provi-
sion impossible, the Board of Adjustment may
authorize through a variance a lesser amount of
fill or alternative flood proofing measures. The
Board of Adjustment shall notify the Department of
Natural Resources and Conservation and receive its
approval prior to approving any lesser fill or
alternative flood proofing for residential structures;
2. Commercial and industrial structures must be either
constructed on fill as specified in the preceding
subparagraph or be adequately flood proofed up to an
elevation no lower than two (2) feet above the elevation
of the flood of one hundred (100) year frequency.
Flood proofing shall be accomplished in accordance with
Rule 36-2.14B(18)-S14000 of the Montana Administrative
Code and shall further include the following:
(a) If the structure is designed to allow internal
flooding of the lowest floor, use of the floor
' shall be limited to such uses as parking, loading
areas, and storage of equipment or materials not
appreciably affected by flood water. Further, the
floors and walls shall be designed and constructed
of materials resistant to flooding up to an eleva-
tion of two (2) or more feet above the elevation
of the flood of one hundred (100) year frequency;
and
(b) Structures whose lowest floors are used for pur-
poses other than parking, loading or storage of
materials resistant to flooding shall be water-
proofed up to an elevation no lower than two (2)
feet above the elevation of the flood of one
hundred (100) year frequency. Waterproofing shall
include impermeable membranes or materials for
floors and walls, and watertight enclosures for
all windows, doors, and other openings. These
structures shall be designed to withstand the
hydrostatic pressures resulting from a flood of
one hundred (100) year frequency.
3. Roads, streets, highways and rail lines shall be designed
to minimize increases in flood heights. Where failure
' or interruption of transportation facilities would
result in danger to the public health or safety, the
facilities shall be located two (2) feet above the
elevation of the flood of one hundred (100) year fre-
quency.
3-5
510
4. Public or private structures and facilities for liquid
or solid waste treatment and disposal must be flood -
proofed to ensure that no pollutants enter flood waters.
These facilities must be allowed and approved under the
laws and standards administered by the Department of
Health and Environmental Sciences prior to any approval
given by the permit issuing authority.
5. Agricultural structures that have a low flood damage
potential, such as sheds, barns, shelters, and hay and
grain storage structures must meet the requirements of
Rule 36-2.14B(6)-51440(1)(i) of the Montana Administra-
tive Code.
3.03.2. Mobile Home-MH
A. Purpose. A district wherein mobile home subdivisions
may occur and where mobile homes may be placed on
individual lots.
B. Application. The MH Mobile Home Special District may
be used in conjunction with the AG-1, AG-2, R-1, R-2,
R-3, R-4, R-5 Districts established in Section 3.02 A-
H.
C. Permitted Uses and General Requirements. The uses per-
mitted in Table 3-1 and the Bulk and Dimensional Require- ,
ments in Table 3-2 shall apply to the basic district
with the exception that mobile homes shall be accepted
as a permitted use and further, that the requirements
of the MH Mobile Home Special District, as stated in
Section 3.03.21 D, below shall also apply.
D. Requirements of MH Mobile Home Special District.
1. The area to which the MH Special District classi-
fication is proposed to be added to shall consist
of at least ten (10) acres of land exclusive of
streets and alleys.
2. All structures and mobile homes shall be placed on
permanent foundations.
3. Additions to all structures and mobile homes shall
have the same exterior finish as the original
structure or mobile home.
Section 3.04. Table of permitted and Conditional Uses. Within
the various use districts, as defined in Section 3.02 above, and
as indicated on the "Official Zoning Map" of the Planning Area or
parts thereof, and subject to the requirements of Section 3.05, '
no land, building or structure shall be used and no building or
structure shall be erected, reconstructed or structurally altered
for any purpose except as allowed in the district in which the
3-5a
511
building, land or use is located. Permitted uses in the various
use districts are indicated by an "X" in the appropriate column
of Table 3-1 of this chapter. No land, building or structure
shall be used or erected which is intended to be used in whole or
in part, for any of the uses indicated by an "X" in the "Condi-
tional" column without specific approval of the Board of Adjust-
ment. The criteria of Section 6.07 through 6.09.9 shall guide
the Board of Adjustment in granting or withholding approval.
TABLE 3-1
PERMITTED AND CONDITIONAL USES
(Permitted and conditional uses in the various use
districts are listed alphabetically beginning on
the following page and continuing to Section 3.05)
3-5b
512
aw
c
0L5 T It CT C t A 5 S I F I C A T ION
•-
!•!
-
t7
r
N
t7
Y
N
r
N
4
L I S T O F U S E S
-
`
C '
U
Accessory building or use incidental
and subordinate in area, extent and
purpose, maintained under the same -
ownership, and commonly associated
with the operation of the primary
use of the lot or parcel of land;.
X
X
X
X
X
X
X
X
X
X
X-
X
X
X
X
X
X
X
XI
X
X
Acetylene gas manufacture and/or
i[
storage. -
X
Acid manufacture. -
X
X
1
Agricultural and horticultural uses,
t'
including orchards, nurseries, and
the grazing, breeding or raising of
-horses, cattle, sheep, goats and
swineon a commercial scale_.
X
X
X
X
X
X
i X
Airports and landing fields.
X
X
X
I
Alcohol and alcoholic beverage'
manufacture." -
X
X
i
1
Alcohol beverage distributors.
XA
,Alcohol beverage packaged retail
sales.
X
X
X
X
X
Ammonia, bleaching powder or
jj777
chlorine manufacture.
X
Xf
j1
Amusement enterprises, similar to
billiards, 'poo1, bowling, shooting
gallery, roller rink, dance hall,
but not including theater.
X
X
X
Amusement park or zoo.
X
X
X;
Animal hospital.
X
X
X
X
X
f
i
i
Antiques, gift and card retail sales
X
X
X
X
X
l
t-
I
Apothecary shopoperated as a retail
_
--i(
use within a building, the primary
!i
use of which is for a hospital,
clinic or physician's offices,
provided that said apothecary shop
shall sell only drugs, prescription
medicine (both ethical and proprie-
tary), medical supplies and appli-
ances and pharmaceutical products;
and provided Further that not more
than fifty percent of the ground
1
4
floor area of such building be used
`
7
for such apothecary shop.
X
X
X`
X
X
X
X
X
!
!)I
1
A;
3-6
o
0
D I S T R I C T C L A S S IF I C A T I O N
- I, IS T _O F USES
="
^
N
—
I'd
d
l.i
Q
Q
N
K
IX
Ot
OC
O[
C[
m
m
.0
m
f0
10
LL'
O
C
ue distributors, wholesale,
ng; on -site repair. -
%
%
- nce, retail sales.
X
%
galleries,
x
x
x
supply, retail sales.
X
X
. _It manufacture or refining.
X
X
''y halls.
X
-
1
i•ly halls, coliseums, and
ums.-
_
X
X
X
-:',ly of machines and appliances
previously prepared parts.
----�_
X
X
., house excluding livestock,
and fowl.
�.
X
-. yards, livestock.
x
yi
X
x
14M assembly and manufacture.
X
X
"a, commercial' parking
X
X
X
Xbi1e
parking operated in
Aion with permitted uses and
.)rdance with the requirementsX;-pier
1X�
4, Section 4.02.
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
'1 le. -(new wand used) and -
. -.ry sales.
%
X
-:-i:e repair garages.
x
x
x
'A le service -station as
Ix
' in Chapter2. -
X
X
X
X
X
x
bile wrecking yard and/or
4
t
lards as defined in Chapter 2,
:iy when conducted within an
i(
-tire not less than eight feet
t with a solidity of not -
n 60 percent: said enclosure
located at 50 feet from any
t re et right-of-way,
g
x
x
.s or baking plants.
x
xp
514
g
D I S T It I C T C L ASS IF I CAT I ON
L IS T OF USES
0
°—
N
—
'Q^V
C�
k
q
Bakery shops, confectionaries and
delicatessens, wholesale and retail;
provided such operations are limited
to 1,500 square feet of manufacturing
area and to the use of non -snake
producing types of furnaces.
X
X
X
Banks, savings and loan Institutions.
X
X
Barber and beauty services.
X
X
X
Bedding, carpet and upholstery
manufacturing, cleaning and renovat-
ing,
x
X
Bicycle sales and repair, -
x
X
X
Blacksmith.
x
Blast furnaces.
x
Blueprinting and photostating
establishments.
X
X
x
Boarding house.
x
X
x
Boarding house, incidental keeping
of non -transient boarders or lodgers
by a resident family, provided not
more than 25 percent of the total
floor area in one dwelling unit
used for living purposes is devoted
to such occupancy.
X
x
Boat launching ramps.
X
x
Boat marinas and sale of boating
supplies and fuel.
%
x
X
X
x
x
X
x
x
x
x
x
Boat building and repair.
X
x
Boat sales, new and used. -
x
x
x
Boiler works.
x
Look bindery.
X
x
Book and stationary stores,
x
X
%
Bottling works for soft drinks.
X
%
Bowling alleys
X
x
X
sa
515
D I S T R I C T C l ASS IF I CATS ON
- o
L I S T OF U S E S -
C'J
^ N
N fn V N ^ N i'1 ^ N P N m N'I 3 J.2
Q Q Q Q
. V Q d a0
k, the or terra Gotta manu-
4
.1rC. X X I
�Wpassenger terminal buildings
- v
g v
:.cal and cross-country. % E
;s repair and storage. X X ° 1
. -i-ra supply stores. % X X X f
i
C.--+.nd container manufacture. x
1
_ a
'y products manufacture, retail X4 X %
- remise. -
.`'y products manufacture,wholesale. X
•-_ avas and burlap products manu- % X X
i_:ture, sale and storage r
wash -automatic coin operated. X X y
:,srshing and waxing, Inside a
X x X X% % X
ag establishments. - g X�
ng establishments conducted }
incidental home occupation
that not more than two
-,:ary employees may be employed
rese premises. % X % X %
`eophane manufacture. X %
f?rr,plaster manufacture. % X
erfes, mausoleums, columbsrtums
--r-matories. X X X X X X
-Cats and allied products
,--`acture. (Also see Industrial % _
".cal manufacture.)
Care Center % X X %% % X X% X X X
.C`: sd Care Center X % X X
i: na manufacture. - X X X ( I
,,:aches and other places of worshi
`;,ding Parish Houses and Sunday !!
" Buildings. X X % X% X X X X % X X, -
_ _ 9
cs.medical and dental. X X X X
.:Ics, medical and dental,
-Tided that the same are
•,,3i:ed on a zoning lot
.:'.cent to or
516
'
c
D I S T R I C T C I ASS 1 F l CAT I ON
LIST OF USES_
0
—
3
^
0
U
—
q
separated only by a street or alley
from a zoning lot on which is
situated a hospital, convalescent
Sd
b
home or sanitarium which has a
Physical capacity of $0 or more beds.
X
X
X
Clothing and apparel stores retail.
X
X
Clothing manufacture.
X
X
Clubs and other places of entertain-
ment operated as commercial enter-
prises.
X
X
X
X
Coal and coke yards.
X
Coin and/or stamp dealers, sales and
lapidarles.
I
X
X
Cold storage plants.
X
X
Coliseums, and stadiums, profit and
ncnprofit.
X
X
Colleges and universities, public
and private.
X
X
Colleges, business colleges, trade
schools, music conservatories,
dancing schools and similar organiza-
tions, all without students in -
residence, offering training in
specific fields. -
_
X
X
X
C=ercial recreation areas as
defined in Chapter 2.
X
X
X
X
Common ai uses, listed as permitted
uses in the 8-1 and 8-2 districts.
X
Community center buildings, gymna-
siums, swimming pools, beaches and
other similar activities operated
by a public agency, neighborhood or
home owners association.
X
X
X X
X
X
X
X
X
X
X
X
X
Concrete or paving materials, mixing
plants and manufacture of concrete
products.
X
Y,
I
Contractor's plants or storage yards
X.
X
i
Convalescent and nursing homes for
X
the care of the agad.
X
X
e
517
I5i I
D I S T R I C T C LASS IFICATION
LIST OF USES
N
.`.ition hall facilities. x
x
x
x
;ice and perfume manufacture. x
i
X
: cs, dairy products, bottling
`=tion, ice cream manufacture,
x wholesale basis.
x
x
Manufacturing or treatment
J
X
x
I
.or and ice cream manufacture
,rail sale on the premises only.
x
x
x
x
x
x
,
rm.
x X
x
<s):ucts processing, bottling
.- i bution..
% X
x
X
X
lIle. (Also see Clinics,
F
A dental.)
3
x
x
x
x
}
stores.
x
x
(
"an of bones, coal, petro--
-.lase, grain, tar and wood.
X
X
::1 piers for pleasure craft,
-:d private. no sale of fuel
'Iles•
.
x x
x x x x
x x
x
x
x
x
x
x
x
x
x
x
x
x
x
�:.. restaurants. -
x
;r %heaters.
x
X
'es.
1 .
x
x
x
x
x
wing - pick-up s-ration.
X
x
X
X
X
nning plants. _
x
x
:�ning, pressing and dying
j
nerved in conjunction with
service counter.
.�
x
x
x
x
;ling, self-service (coin
I
dj.
X
X
i
xI
p
518
1
DI ST RI CT C l ASS IFICAT ION
0
L IS T OF USES"
N
—
N
u°
-Dwelling, single family
X
X
X
X
X
X
X
X
X
X
Dwelling, Single family
X
X
Dwelling, two family.
X
X
X
X
-Dwelling, multi -family, attached row
without common interior halls or
entrances. -
-.X
X
X
X
Dwelling, Holt! -family, provided
that same shall comply with the
-
floor area, open space, living space
and recreation space ratios of the
A-3 District.
X
X
Dwelling, other multi -family.
X
X
X
X
I
p
@
Dwellings, cluster development.
X
X
X
X
X
X
Dwellings, residential, in detached,
semi-detached; attached or multi-
storied structures or any combina-
tion thereof.
Dye stuff manufacture.
X
XIS
Eating and drinking establishments
except drive-ins.
X
X
X
X
Electrical appliance, manufacture
�I
and assembly.
X
X
i
-Electrical distribution station.
X
-X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
111
Electric light or power generating
I
station. -
X
X
I
X
X
X
Emery cloth or sandpaper manufacture.
X
X
X
Enameling, Japanning, lacquering or
the plating or galvanizing of metals.
X
X
X
Excavation, simple foundations and
utility-.
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
�X
X
Excelsior and fiber manufacture.
X
X
X
Explosives, amaunition, fireworks,
gunpowder manufacture.
X
-X
Extractive industries.
X
X
X
X
X
X
X.
Farm machinery assembly, repair and
sales.
X
X.
y 1z
519
c
D I S T R I C T C t ASS I PIC At I ON
L IS T OF USES
0
°
—
n
Uu�
4
production of fats
f
�aeering,
Is from animal or vegetable
E
1s by boiling or distillations,
X
X
and Seedprocessingand cleaning
X
X
X
X
X
d nd seed, farm supply,
1
-----------------------
%
%
-':its: cattle, swine, poultry.
X
X
X
X
.s,, livestock.
X
I �
X
X
:-'facture.
X'
X
_.:. _:r manufacture. -
X
X
r, bulk sales.
I
X
X
�-
F
• and loan companies.
.
—
a
X
X
X
X
X
-cssing, for sale at retail
i.
>,-mises, but excluding the
r.nd dressing of any flesh
X
X
X
-.,ducts storage, processing
-waging; other than slaughter.
.ry Products Processing; Beat
ing; Poultry Dressing.)
,ducts manufacture, storage,
%ng and packaging of but not
g the manufacturing and
f_
ng of lard, ,pickles,
>at, .sausage or vinegar.
X
X
-+res (retail only and in
of 3.000 square feet of
or:rea): super market, dell -
meat and fish, but
�nq the killing and dressing
flesh or fowl.
%
%
%
-ores (retail only and less
' 00 square feet of floor
�T
X
X
X
X
r roducts processing such as
limited to, veneer mills.,
mills, saw - mil is, plywood
and shingle mills.
X
Plants
—
520
D I S T R I C T C I A 5 5 1 F I C A T 1 O N
LIS T OF USES
n
N
9 7
'
N
M
V
u1
•�
N
M
N
M
O
vl
b
N
Foster or Group Homes
X
X
X
X
X
X
X
X
i
Foundries or metal fabrication plants
using plate and structural shapes.
X
X
)
Frozen foal lockers.
X
I
X
�—
Fraternity and sorority. houses,
provided that the same shall be
located within a one half mile
_
radius of a college or university.
X
X
X
%
x
Fuel oil, gasoline and petroleum
products bulk storage or sale (must
comply with applicable fire codes).
X
X
X
Fuel oil,, and kerosene for domestic
heating purposes in ground containers
([must comply with applicable fire
Ix
codes).
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
Fuel oil and kerosene, the incidental
sale at retail of same in can of not
over five gallon capacity (must
comply with applicable fire codes).
X
X
X
X
X
Funeral parlor. (See Undertaking
establishments.)
Furnace repair and cleaning,
X
X
Furniture and home furnishing retail
sales.
X
X
Furniture manufacture.
X
X
X
Furriers, retail sales and storage.
X
X
X
Garbage and waste incineration.
X
X
Garbage offal, and animal reduction,
or,processing.
X
X
Garden supplies, retail sales.
X
X
X
_
Gases or liquified petroleum gases
in approved portable metal cylinders
for storage or sale,
I
X
X
Gasoline station, (See Automobile
service station.)
Gasoline storage (must comply with
t
f
applicable fire codes).
X
%
X
II
Glass or glass products manufacture.
X
XI
%
3'19
521
°
c
D I S T R I C T C I ASS IFICATION
t IS OF USES
0
C
V
Q
Q
N
or
c
c
c
c n
d size manufacture.
x
�•
turses.
X
X
X X
X%
x
x
x
x f
driving range and putting course.
X
X
i
x
x
x
x
II
- -l-waters.
%
X
X.
X
X
X X
i
._... _
X
x
X
appliances and electrical
E
.. os, retail sale.
i
X
X
I
rc, retail sales.
f
X
X
%
X
Ti--rang
and blocking.
x
x
x
x
X
%
Tx
x
�
'•
X
x
x
x
x
1
i
toy stores.
x
x
i . rpations as defined in
•
T
1.73 and 6.08.
x
X
X
X X
X
X
X
X
X
X
x
- x14nufacture.
X
X
x
x
x
x
x
X
.-- s, animal.
X
X
X
x
�
x
x
x
.;,not catering to transient
:and not carrying on werchan-
.; except. that which is inciden-
the operation of the hotel
-'r the convenience of guests
ere 'there is no exterior
::y of merchandise.
�. _
cture, storage and sales.
X
X
t
X X
accessory retail uses
I
g
,cafeterias, gift or variety
soda bars conducted solely
1!
. convenience of the employees,
f
tennonts, patrons or
i
522
-
C
DI5 T R1 CT C L A S S I FICA T ION
LIS T O F U SES
—
—
->
a
O
•-
N n
v
h
a
M
N
n
v
,n
a
r
n:
u
a
a
< oe
o:
c
ae
c
z
visitors on the premises wholly
a
withinthe principal building and
without exterior advertising display.
X
X
X
X
X
X
X
Industrial chemical manufacture
except highly corrosive materials.
X
X
Industry, heavy manufacturing or
processing not otherwise named
-herein; provided the Zoning Commis-
sion finds such industry is similar
to other industries in the 1-2
District.
X
X
Industry, light manufacturing or
processing not otherwise named
herein;, provided no operations are
carried on, or are likely to be
carried on which will create smoke,
fumes, noise, odor., -or dust which
will be detrimental to the health,
safety or general welfare.
X
X
X
Insulation material manufacture and
9
sale.
X
X
X
`
+�
A
Jails and penal institutions.
Janitor services.
X
X
X
Jewelry and clock manufacture.qM
X
X
Jewelry and watch repair and sales.
'
X
X
Junk yards. (See automobile
I.
wrecking yard.)
Kennels, commercial..
X
Laboratories for commercial or
f
y
Industrial research and testing.
IT
X
X
8y
Land fills, reclamation to improve
steep, low or otherwise unusable
Ix
f
land. -- .
X
X
X
X
X X
X
X
X
X
X
X
X
X
X
X
X
X
X
I
tt
X t
X
Landf H ls, sanitary for disposal
8
of trash and garbage.
X
X
X
x
x
x
Launderette, self service, where
individual, Family size equipment
is rented for use by the customer.
X
X
X
X
f
X
�
Laundries: all hand laundries and
�'-
i
any S,:atl paver laundries operated
in conjunction with a retail service
counter on the premises where not
more than 2,000 square feet of floor
i
523
° D I S T R I C T C L A S S I F I C A T I O M
'L 1 S T O F U S E S
:0
n
�
7:1
V
a
a
a a
m
m
LL
4
00d
q
s devoted to the laundering
l
lshing process, provided Che
[ii0l
perating capacity of all
washing machines shall
•.'XCvIed WO pounds and no coal-
p
[ng or smoke producing equipment
ed.
x
x
x
Sff(
rles, steam. -
A
S
x
x
ry pick-up stations.
X
X IX
X
:es, museums and art galleries,
i
X
X
x
-1 oil, shellac, turpentine,
--.,:ture or refining.
X
..
X
.lock feed yards and livestock
*..! yards. -
x
x
x
I
- d gunsmiths.
;Maternal, social organiza-
:i,vrded that any such estab-
-- "hall not be conducted
for gain.
x
x
x
x
x
x
x
x
x
j
I
1
x
X
,;:ion grease manufacturing or
^pounding,
x
x
ai lIs, plywood ml Its or -
t
I l S.
x
%
i
.nrds, building matey{als
1
_:nd sale..
�
x
x
shops.
X
`�
tcol manufacture,
x
1
p
x
x I
II
!!
rocessing, packing and
;
ter.
x
p
x
!
. _
F
Iinic. (Also see Clinics,
`
id dental.)
�'r
X
%
X
X
--ication and boiler or
s.
x
i
x
+C relay SCaCiOnS,
x x
� X
I
1
1
�
I
� X
. �..�....� _ -
— —
r
524
e
-
c
D15T RI CT C L A851 F I C AT ION
l 15 i O F US E 5 -
o
_^
J
Q
rt
?d
_
- �,
c
c
cc
a
a
Mobile home parks.
X
f
X
X
X
X
Monu:.ent manufacture and sales.
X
I
I
%
iX
G
t
Mortuary. (See Undertaking establish-
T
'
I
Merits.)
ITF
{
Motels and motor hotels.
Motorcycle sates and repair.
�
I
X
%
X
'X
I
I
F
;
Museums. - _
I
X
X
X
Musical Instrument manufacture.
x
X
Music stores.
X
X
_
News stands.
X
X
X
if
Nursery, landscape materials. _ -
+XX
X
X
!—
Office buildings, governmental.
I�
gggg
Office, professional, governmental
and private office.
X
X
Offices operated as an incidental
home occupation where no contact is
made with the general public and
}
subject to Section 6.08.
X
X
X
X
X
X
X
X
X
X
Y
Office equipment and supplies sales
and service.
y
X
JJ
Office and secretarial service
establishments.
X
X�
(
Oil cloth or linoleum manufacture.
X
—
f
Ophthalmologist and optometrist
—jI%
office. (Also see Clinics, medical
f
and dental..) —
X
X
x
X
r3
Optical and scientific instrument
manufacture.
�
i
Optical supply shop when operated
I
X
I
within a building the primary use
of which is for an ophthalmologist
or eptcrictrist office.
%
%Li
j
Opticians .and optical supplies
sales.
it
X
i
f
I
3"Ib'
525
r; ":.I
1: '",
.A
o
015TR1
C
T
CL
ASS
I F
I CATI
O
N'�
1
LIS T O F USES
"^
Tkol�
[rK
CC
K
K
R'
K
lL
O
CI
m
C
C
.y'
p S
x
i
I
I
I
I
x
�Gg
rnac_.e and charitable institutions,
;.ruvided that no building so used
I
i
i be within 100 feet of any plot
%
X
X
X
X
X
X
X
X
X
X
X
:n ,tanufacture and/or storage.
X'
.nd enamel manufacture.
X
X
sta;l sales.
X
X
X
`(
i
Pulp, cardboard, box,
I
II
piaster or mall board
i
: ie cure.
X
X
I
1
it
i
o
x
x
x
X
x
�
x
x
X
x
x
xIx
x
x
x
x
x
x
x
I x
x
x a
X
gQ�
I
1
-..i end pctroleun products in
f
-rued tanks of more than
i
''..,ilcns capacity, bulk
X
X
-:s, bird stores and
mists. -
X
X
}
_cutical products nanufacturingsfff
::tng; packaging and storage, f`
-
X Ix
-. �phic studios.
x
X
X
yyI
c--i culture establishments.
(
X
XUJ
or sawmT I Is.
Xi
i
i<s manufacture'
X
�
X
7
€
ng works
X
4
-X
i
ing and F-eating materials
-
1 and service only.
X
X
X(
i
`• shop and yard.
11
^+, PC.PCelain and vitreous
I
I
X
X
,:.�nufacture. -
X
'
S
526
c
D 1
S T
G I
C
T
C
l A
S S
I FICATION
Nl
•
L I S T O P U SES
Poultry, killing and dressing for
Poultry,-andloring retail.
o
O)`U
7I
R
N
i
T-F
i
fILX
_
A
i
Prefabricated building materials
i
assembly and manufacture. -
I
II�Ii11I
fi
X%
�j
'
_
Printing, publishing and reproduction
esiablishnents,
X
X
XI
i
J
Produce stands. _
X
X
X
X
1
X
{{
�
I
I
L
Public transportation shelter
I
I
stations.
X
I X
X
X
Ix
X
X
Ix
I X
X
I X
I X.
Ix
X
X
X
i X
I %
I X
X
Y..
Public utility service installations.
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X!
ff
X
XI
X
i�X
1
i X
X
Public utility stcrage yards.
I
X
X
i
Quasi -public buildings, nonprofit
_
_
in character. —
X
X
X
Radio o;�d television broadcasting
stations .and masts.
X— X
1
X
X
I
j
X
X
I
X
f+
Radio and television, retail sales
and service.
X
X
[
11
f
Rag, bar and carpet cleaning
establishments. -
�
I
+
I
X
X I
i
1
--
i
Railroad car repairs and manufacture.!
I
X
1i
c
Railroad freight yards, terminals
or classification yards.
i
X
1
Railroad rights -of -way. _ -
X X
X
X
X
X
X
X
X
X
X
X
X
X
X
X%
+y
i
I1
X I
X
X-
I
Rapid transit central terminals
or storage.
X
X 1
X
X
�
t'
iRiR
i
I
Rapid transit routes and pick-up.
stations. -X
X
X
X
X
%
X
X
X
X
X%{
X i
I
X
X
X
X
X
X
X
X
X
—_
Recreational area, ce^amreial3 as
I
I
I
defined in Chapter 2.
X
X
_
I
t i
service stores and yards.
I
r
R
lRental
X
and service industrial
t
equair
and mat.iincr
ne
Uril
—
IJl—
I
XXcyuip:acnt
Repair and service of office and
I
f
he usch mold equipment. y
.-� �
�
��II
I
, �
�
�
�
X
I
Lx I !I
X
I
527
a.'. --
n
D I S
T I C
I
C
L A 5
F I C
1 i
1 0
N
'
L i 5 i O F U 5 F S
_
7�
i
_�_...jj_
± _I .-..I
' `
I
_.�
_!�.!_.,-,-..-
Y
-•-�---i
i
i
C_
."`e
r
:un Cs ve d-i-ins.'
X
�___I—
—tlll''-1
`-
_
_
x�xjx
�_-.
x;;-XT-
f
x
�
!
--
t_I
_
i-
IX
X�x�x;7.
leers•x
x
x
I
I
..-i.a, insecticide aaJ
mixing plants.
jj
X
.
s
+, .rafactu re.
%
1
I
I!
I
I
I
d I
I
%
i
puSiicnnd pri va Le
-ivory, J::nior and Senior Higb
!
—�
----
I
' —
in=iuding gynnasiva, and
. v flails in conjunction
I
'
€
q
I
%
%
X
X
%
X
X
Y.
I X
X
X
X
�
C
X i
as defined in
X
X!
I
;
,rr or rag starar,e, sortin
1:)en conducted within a
I
I
[LL
X
�
X i
jjj
_ +>cessing yard, f
A3—
I
X
-.and stares, as derined In
s.
%
x
(
'
. .:cations. (See fu'mobile
I
I
{
i
{
cat>;:_nt plant. C
i
nfacture.
X
I
X
jY IX
-.facture, painting ind-
nc_•. i
%_I
I
I
I
+
1
x
1
'
-_I__
I
I
I
y[,
528
I D 1 5 T R I C T C L AS S IF I CAT I ON
L 1 5 T O F U S E S
N
�
0 UNV V
'
N
O
0
Q aIc nAe
.
a
a a
or refining of alum mum, I
J
-F
copperring
copper, tin, zinc, or other metals. X I1 I i
I
I
I
1
i
1
I
x
Soap, detergent and washing compound
manufacture.
I
X
Sporting goods sales.
X
X
X
I`X
Stables
x l% I X I I
I
III
Stone cutting, monument manufacture
X
and sales.1U-Fi'
I
I
1
IIj
1
XI
X
I
I( !!!
- Storage, within the building of
goods Intended for retail sale on I
f I
jII
I
{ jt
the premises.
X
X I
fi
Storage warehouses and yards, for
I
and sale other than on I
I
I
f
thepremises
the premises,
I
I{
x
x
3
Storage warehouses and yards forX
dorzastic purposes. X
X
X
1
Swimming pools or beaches, public
(
_}
g
or semi -private. X X X X X X
X
X
X
X
X
X
i
X
X
Tailors, dressmakers, and milliners. -I
x
%
Tanning, cutting, curing, cleaning
or storing of green hides or skins. X
%
I
Tar and water proofing materials -
manufacture, treatment and storage. X
X
Taverns.
II
Taxstands.
x
I
Taxi stands limited to five taxis.
I
X
X
X I
Temporary buildings or structures. X X X X X X
x
X
X
1%
X
X
X
X
X
X%
j
% �%
i
Ix�x
Textile machinery manufacture.
1 1
-
x
x
Textile manufacture. X
!Sj
x I
x
Theaters housed in a permanent
indoor structure.
x x
x
X
Tile manufacturing of all and floor
the and related small tile products. X
- t
I f
. .._
jI
...,..LL—
I
X X
LIJ
529
D 1 5 T R I C T C L ASS IFICATION
11 D 1 U F USES =
r
..-
7
....
O
D.
D.
capping and retreading.'
Ix
_
I
x
II
_r-salas areas.
X
I
n
�
trailer park,
;
x
I
i
to rninals, repair shops,
�y and storage yards. x
3
x
x
l
::king eS [ablishmenf5, martu-
f
homes or parlors.
fcanaral
e below.) x
x
X
x
�ing establishments, mortu-
9
C nral homes or parlors.
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x
x
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sr lots.
,
x
x
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x
x
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X x
. .. _
x
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X x x x
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1
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x
x
,
orpretation of the above
P-trmi-tted Uses, where a
i
y
_.^..specifically listed in -
its status under this
:hall, upon application, be
'
cd ;by the Zoning Commission
cnae to that listed use, if
ch is so liketheuse in
purpose, function,
r, and effect as to be
;
ially similar to said
'
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1
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1 530
4/a
Section 3.05. Bulk and Dimensional Requirements. Within the use
districts established in Section 3.02, bulk, dimensional and
general requirements are hereby established and set forth in
Table 3-2, Bulk, Dimensional and General Requirements.
3-24
531
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3-27
534 ,
CHAPTER 4
GENERAL REQUIREMENTS, LIMITATIONS AND PROVISIONS
APPLICABLE WITHIN VARICUS DISTRICTS
OFF-STREET PARKING, OFF-STREET LOADING AREAS, LAND USE INTENSITY,
SIGNS, GREENBELTS AND FLOOD HAZARD AREAS.
Section 4.01. Intent. Provisions of this Chapter are of general
apple —`cation to one or more of the districts described in Chapter
3. It is the intent of this Chapter to set down provisions for
off-street parking, off-street loading, land use intensity,
signs, greenbelts and flood hazard areas, to prevent congestions
in the streets, promote and protect property values and to provide
for the health, safety and welfare of the inhabitants of the
Planning Area.
Section 4.02. General Requirements, Off -Street Parking. Except
as provided herein, each off-street parking space shall have a
net area of not less than 180 square feet, exclusive of driveways
or aisles, and shall be of usable shape and condition, except
single family residential which may utilize driveways. To deter-
mine the parking space on a gross area basis, 300 square feet
shall be allowed per vehicle. The parking area shall be located
entirely on privately owned property.
A. Permit. No building permit shall be issued within the ,
planning area by the Zoning Administrator, for the construc-
tion or enlargement of any building or structure; nor shall
said permits be issued for the remodeling of an existing
residence into a non-residential use within the planning
area unless the requirements established by this ordinance
regarding off-street parking areas are satisfied.
1. Exception. Commercial uses or businesses located
within the B-5 Central Business District are exempt
from the provisions of Section 4.02.
B. Location. Off-street parking facilities shall be located as
here nafter specified, such distance shall be in walking
distance measured from the nearest point of the parking
facility to the nearest point of the lot that such facility
is required to serve:
1. For one and two family dwellings: Off-street parking
is required on the same lot with the building they are
required to serve;
2. For multi -family dwellings: Off-street parking is
required within 100 feet from the building they are
required to serve;
3. For hospitals, sanitariums, convalescent homes, nursing
homes, rest homes, homes for the aged, asylums, retire-
ment homes, rooming and boarding houses: Off-street
4-1
535
parking is required within 300 feet from the building
they are required to serve;
4. For uses other than those specified above: Off-street
parking is required within 500 feet from the building
they are required to serve.
C. Expansion, Enlargement or Conversion. Whenever any building
is enlarged in height or in ground coverage, off-street
parking shall be provided for said addition. If any resi-
dential building or structure existing on or after the
effective date of these regulations is converted to a non-
residential use, off-street parking shall be provided.
Nothing in these provisions shall be construed to require
off-street parking spaces for the portions of such buildings
existing at the time of passage of this ordinance.
D. Non -conforming Uses. Nothing in this ordinance shall be
deemed to prevent the voluntary establishment of off-street
parking facilities to serve any existing use of land or
buildings even though non -conforming; provided that all
regulations herein governing the location, design and opera-
tion of such facilities are adhered to.
E. Mixed Occupancies. In the case of mixed uses, the total
requirements for the various uses shall be computed separately.
' Off-street parking facilities for one use shall not be
considered as hereinafter specified for joint use.
F. Uses Not Specified. In the case of a use not specifically
mentioned in parts below, the requirements for off-street
parking facilities shall be determined by the Zoning commis-
sion. Such determination shall be based upon the require-
ments for the most capable use listed.
G. Joint Use. The Zoning Administrator may authorize the joint
use of parking facilities for the following uses or activities
under conditions specified:
1. Up to 50% of the parking facilities required by this
ordinance for primarily "night time" uses such as
theaters, bowling alleys, bars, restaurants and related
uses, may be supplied by certain other types of buildings
or uses herein referred to as "day time" uses such as
banks, offices, retail and personal service shops,
clothing, food, furniture, manufacturing or wholesale
and related uses.
2. Up to 50% of the parking facilities required by this
ordinance for primarily "day time" uses may be supplied
' by primarily "night time" uses.
3. Up to 100% of the parking facilities required by this
ordinance for a church building or for an assembly
4-2
536
facility incidental to a public or parochial school,
may be supplied by the off-street parking facilities
provided by uses primarily of a "day time" nature.
H. Conditions Required for Joint Use. The building use for
which application is being made to utilize the off-street
parking facilities provided by another building or use
by another building or use shall be located within 500 feet
of such parking facilities in addition to which:
1. The applicant shall show that there is no substantial
conflict in the principal operating hours of the two
buildings or uses for which joint use of off-street
parking facilities is proposed.
2. The applicant shall present to the Zoning Administrator
a properly drawn legal instrument to be recorded with
the County Clerk and Recorder, executed by the parties
concerned for joint use of off-street parking facilities
and approved as to form and manner of execution by the
city attorney; such instrument to be filed with the
Zoning Administrator, a copy of which shall be forwarded
to the City Council.
I. Table of Minimum Standards. Required parking spaces shall
be in conformance with Table 4-1 and where alternative
standards prevail, the greater applies in conflicting compu-
tations; where the total quota results in a fraction, the
next highest full unit shall be provided. Parking spaces
within a structure, such as carports, garages, parking
garages, shall apply toward the total parking space require-
ment.
USE
TABLE 4-1
MINIMUM STANDARDS OFF-STREET PARKING
Animal hospital, pound, shelter,
commercial kennel
Auditoriums and assembly halls
Banks, business and professional
offices (other than medical and
dental offices) with on -site
customer service
Botanical and zoological gardens
0+,
4-3
PARKING SPACE REQUIRED
1 space per 400 sq. ft. of gross
floor space; minimum of 4 spaces.
1 space per 5 fixed.seats or 1
space per 40 sq. ft. of floor
area, whichever is greater
1 per 400 sq. ft. gross floor
area
1 space per 10,000 sq. ft. of
lot area
t, I
537
Bowling alleys
�hurches
Convalescent homes or nursing home
''onvention hall facilities and
-meeting rooms
::ive-in restaurants
`ood and beverage places with sale
and consumption on premises -
if less than 4,000 sq. ft. floor
area
if over 4,000 sq. ft. floor area
r.'
niture, appliance, hardware,
7.othing, shoe, personal service
..ores
A.f courses
�_ospitals
omes.for the aged, disabled or
handicapped
otels, motor hotels
Elousing for the elderly, housing
projects (where 90% of the units
are occupied by persons 60 years
of age or older)
�ibraries, museums and art galleries
,
8 per alley
1 per 5 seats or 60 lineal
inches of pew or 40 sq. ft. of
gross floor area used for
assembly purposes
1 per 5 beds plus 1 per each
staff member on duty on a maxi-
mum shift
1 space per 20 seating capacity
1 per 80 sq. ft. gross floor
area with 10 spaces minimum
requirement
1 per 100 sq. ft. gross floor
area
40 + 1 per 200 sq. ft. gross
floor area in excess of 4,000
sq. ft.
1 per 600 sq. ft. floor area
3 spaces per hole of main course.
1 per 2 beds, exluding bassinets,
plus 1 per 5 employees on maximum
working shift, plus 1 per each
staff doctor
1 space per 5 beds for bed -care
patients, 1 space per 5 dwell-
ing or lodging units for other
occupants, plus 1 space for each
staff member on duty on a maxi-
mum shift
1 per sleeping room plus 1 per
each 5 employees
.5 per dwelling unit or lodging
unit
leper each 500 sq. ft. gross
floor area
535
Manufacturing uses, research testing
and processing, assembling all
industries
Medical and dental offices
Mortuaries
Motels
Nursery schools
offices not providing customer
service
Other retail -
if less than 5,000 sq. ft. floor
area
if over. 5,000 sq. ft. floor area
Private clubs and lodges, special
centers, athletic clubs and the
like
Residential, duplex or multi -family
Residential, single family
Rooming houses, dormitories, and
similar uses
Schools, elementary and junior high
Schools, high and colleges
Service stations
Stadiums, sport areas and similar
open assemblies
4-5
1 per each 2 employees on maxi-
mum shift but not less than 1
per each 800 sq. ft. gross
floor area
1 per each 150 gross sq. ft. of
floor area
1 per 75 sq. ft. of gross floor
area used for assembly
1 per unit, plus 1 for each 5
employees
1 space per 10 children
1 per 4 employees but not less
than 1 per 400 sq. ft. of gross
floor area
1 per 200 sq. ft.. gross floor
area
25 + 1 per each 300 sq. ft. in
excess of 5,000 sq. ft.
1 space per 10 seats or 1 space
per 100 sq. ft., whichever is
greater
1.5 per dwelling unit
2 per dwelling unit
1 per bed
1 per each employee and faculty
member, but not less than
assembly facility area require-
ment of 1 per 4 seats
1 per each 25 students + 1 per
each employee and faculty member,
but not less than assembly
facility area requirement of
1 per 4 seats
3 spaces per service bay
1 per 8 seats plus 1 each per
100 sq. ft. of assembly space
without fixed seats
539
T1
T
i
MINIMUM PARKING LOT REQUIREMLNTS
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standards, fences, surfacing material, curbs, and
railings.
4-6
4Q
■
Section 4.03. General Requirements off -Street Loading. Each
off-street loading space shall measure not less than 35 feet by
12 feet and shall have an unobstructed height of 14 feet 6 inches
and shall be made permanently available for such purposes, and
shall be surfaced, improved and maintained as required in Section
4.02 K, 1 and 6
A. Expansion and Enlargement_. Whenever any building existing
on the effective date of this ordinance is subsequently
altered to increase floor area by 50% or more, off-street
loading spaces shall be provided as indicated. Nothing in
these provisions shall be construed to require off-street
loading areas for the portions of such buildings existing at
the time of passage of this ordinance.
B. Table of Minimum Standards. Required off-street loading
spaces shall be in conformance with Table 4-2.
TABLE 4-2
MINIMUM STANDARDS OFF-STREET LOADING AREAS
Department stores, retail or wholesale stores, eating and
drinking establishments, warehouses, repair, general ser-
vice, manufacturing or industrial establishments.
Square Feet of Aggregate Required Number
Gross Floor Area of Spaces
10,000 to 19,999 1
20,000 to 39,999 2
40,000 to 59,999 3
each additional 20,000 1 additional
Hotels, office buildings, hospitals or similar institutions,
auditoriums or similar places of public assembly.
Square Feet of Aggregate
Gross Floor Area
30,000 to 59,999
60,000 to 89,999
90,000 to 119,999
each additional 60,000
Required Number
of Spaces
1
2
3
1 additional
Section 4.04. Land Use Intensity (L.U.I.). The purpose of land
use intensity is to relate land area, and open space to each
other. In applying land use intensity, the floor area ratio
creates a maximum use of building in relation to land area and
the open space requirements are minimum requirements based upon
and computed from the actual floor area developed on a zoning
lot. Where accessory or mixed uses are involved, the open space
requirements shall be based on floor area, other than that used
for commercial purposes. Recreation space (RS) may be a part of
living space (LS) and living space a part of open space (OS).
E
n
541
A. The following is an application of the ratios:
1. Floor Area Ratio (FAR). The ratio of floor area (FA)
to land area (LA) expressed as a percent or decimal.
Floor Area Patio (FAR) X Land Area (LA) = maximum
permitted floor area.
2. Open Space Ratio (OSR). The ratio of open space (OS)
to Floor Area (FA) that has been developed, expressed
as a percent or decimal. Open Space Ratio (OSR) X
Floor Area (FA) = minimum required open space.
3. Living Space Ratio (LSR). The ratio of Living Space
MS) to Floor Area (FA) that has been developed,
expressed as a percent or decimal. Living Space Ratio
(LSR) X Floor Area (FA) = minimum required living space
which may be part of required Open Space (OS).
4. Recreation
Space (RS)
expressed
Ratio (RSR,
tion Space
MS).
Space Ratio (RSR). The ratio of Recreation
to Floor Area (FA) that has been developed
is a percent or decimal. Recreation Space
I X Floor Area (FA) = minimum required Recrea-
which may be part of required Living Space
B. In determining land area, floor area and open space, the
following method of computation shall be applicable:
1. Land Area. In determining land area, the following
shall be included:
a. The area of the zoning lot, less any area for
which vehicular access has been granted to other
properties.
b. An area equal to not more than one-half of the
abutting right-of-way of any public street or
alley to which the zoning lot has vehicular access
rights. Said abutting right-of-way shall not
include freeways, nor easements or private streets
in which vehicular rights -of -way to other properties
are granted. On lots abutting intersecting streets,
the area shall be determined by the center line
extensions of the abutting streets connected with
the lot line extensions of the zoning lot or line
established by beneficial open space.
C. An area equal to not more than one-half of the
total area of any permanent open space abutting
the zoning lot.
C. Floor Area. In determining floor area, the areas of the
several floors of a building measured from the exterior
faces of the exterior walls or from the center line of walls
4-9
542 ,
separating two buildings and all stairways, balconies and
corridors shall be included, but the following areas .shall
be excluded:
1. Attic areas with headroom of less than 7 feet.
2. Elevator hoist machinery.
3. Cooling towers.
4. Areas devoted exclusively to central air conditioning;
ventilating, and other building machinery and equipment.
5. Parking structures, including accessways on the parking
level.
D. Open Space. In determining the area of open space, the
following shall be included:
1. Land area as determined.under (C) above, less the
building area.
2. Usable roof area.
3. One-half of the area of eligible covered open space.
E. Living Open Space. In determining the area of living open
space, the following shall be included:
1. Zoning lot area less the building area and less the
uncovered car area.
2. Usable roof area.
3. Twenty-five percent of eligible covered open space.
4. Off -site permanent recreation space eligible for recre-
ation space requirements.
F. Recreation Space. In determining the area of recreation
space, open areas for both passive and active recreation
facilities shall be included, subject, however, to the
following conditions:
1. No portion of any open area for passive or active.
recreation facilities shall be less than 20 feet mea-
sured horizontally from any residential window on the
ground floor.
2. If the recreation space requirements is less than
10,000 square feet, the recreation space, other than I
roof areas, shall be located in a continguous portion
of the zoning lot.
4-10
543
3. If the recreation space requirement is 10,000 square
' feet or more, each separate recreation area shall
contain at least 10,000 square feet and shall not be
less than 100 feet in least dimensions at any point,
except for any space of less than 10,000 square feet
constituting the remainder after provision has been
made for the 10,000 square foot area or areas. modifi-
cation of these area and dimensional requirements shall
be allowed if the shape or topography of the site
prevents compliance or if the recreation space consists
of usable roof area.
4. Off -site permanent recreation space and facilities may
be approved as meeting up to one-half of the minimum
requirements for countable recreation space, if such
off -site space otherwise is in accord with these regu-
lations and abuts the residential site.
Section 4.05. General Requirements, Greenbelts.
A. All sites in a "B" classified district having a common
boundary with an "R" or "RA" classified property, shall
erect and maintain a view -obscuring fence or dense, conif-
erous hedge along such common boundary. Fences shall not be
less than six feet nor more than eight feet in height.
Hedges shall obtain a height of not less than six feet at
maturity. Where the wall of a building is on such common
boundary, no separate wall, fence or hedge need be installed
along that portion of the boundary occupied by the building.
B. All sites in an "I" classified district having a common
boundary with an "R" or "RA" classified property shall have
planted and maintained along such common boundary a view -
obscuring coniferous greenbelt of shrubs and trees not less
than eight feet in height at maturity nor less than ten feet
in width for screening purposes and controlling access.
C. Fence requirements as herein provided shall be complied with
within a period of one year from the date of issuance of a
building permit. Greenbelts or hedges shall provide substan-
tial evidence of compliance with the requirements as herein
provided within a period of one year from the date of issuance
of a building permit.
D. Fences or greenbelts erected as a requirements of this
section shall be maintained in a neat and orderly manner.
Failure to comply within thirty (30) days after notification
by the Zoning Administration shall be a violation.
Section 4.06. General Requirements, Floodway FW District.
A. Uses listed in Table 3-1 as permitted uses in the FW dis-
trict shall have a low flood damage potential and not
obstruct flood flows. Buildings or structures, fill or
storage of materials or equipment shall not be allowed. In
4-11
544
addition, no use shall adversely affect the capacity of the
channels or floodways of any tributary to the main drainage
ditch or any other drainage facility or system.
B. Utilities, railroad tracks, roads and bridges within the FW
district shall be designed to minimize increases in flood
elevations. Protection to the regulatory flood protection
elevation shall be provided where failure or interruption of
these public facilities would result in danger to the public
health or safety or where such facilities are essential to
the orderly functioning of the area. Where failure or
interruption of service would not endanger life or health, a
lesser degree of protection may be provided for minor or
auxiliary roads, railroads or utilities.
Section 4.07. Single Lot Occupancy. A single lot may not be
occupied by more than one building or dwelling except accessory
buildings, without prior approval by the Board of Adjustment as a
conditional use.
4-12
545
CHAPTER 5
DISTRICTS AND BOUNDARIES THEREOF
Section 5.01. The locations and boundaries of the zoning districts
shall be as shown on the map or maps entitled, "Official Zoning
Map(s)", Planning Area and when approved by the City Council
shall be made a part of this ordinance and all notations, refer-
ences and amendments thereto, after said approval, shall be as if
such information set forth on the map were fully described and
set out herein. The Official Zoning Map(s) shall be kept on file
in the office of the Zoning Administrator and shall be available
for inspection by the public.
Section 5.02. Boundary Interpretation. Where uncertainty exists
as to boundaries of any district shown on said map, the following
rules shall apply:
A. Where district boundaries are indicated as approximately
following street lines, alley lines or lot lines, such lines
shall be construed to be such boundaries.
B. In subdivided property or where a district boundary divides
a lot, the location of such boundary, unless the same is
indicated by dimensions, shall be determined by use of the
scale appearing on the map. Where a district boundary line,
as appearing on the Official Zoning Map, divides a lot in
single ownership, which is of record at the time of this
enactment, the district requirement for the least restricted
portion of such lot shall be deemed to apply to the whole
thereof, provided that such extension shall not include any
part of such lot more than 35 feet beyond the district
boundary line.
C. Where any street, road or alley is hereafter officially
vacated or abandoned, the regulations applicable to each
parcel of abutting property shall apply to that portion of
such street, road or alley added to the property by virtue
of such vacation or abandonment.
D. 1. All land hereafter annexed to the City shall retain the
zoning or district classification such land enjoyed while in
the County unless changes were made during the annexation
procedures. Once the land has been annexed to the City,
Section 6.13 shall apply regarding further changes or amend-
ments of zoning.
2. If the land to be annexed to the City has not been
zoned while in the County, specific zoning classification
shall be imposed at the time of annexation after study and
public,hearing.
5-1
546
Section 5.03. Application of Ordinance.
A. Except as hereinafter provided, no building shall be erected,
reconstructed or structurally altered, nor shall any build-
ing or land be used, except in compliance with all the
district requirements established by this ordinance for the
district in which the building or land is located.
B. The minimum yards or other open spaces required by this
ordinance including those provisions regulating intensity of
use, for each and every building hereafter erected or struc-
turally altered shall not be encroached upon or considered
as meeting the yard or open space requirements or the intensity -
of -use provisions for any other building. In the event of
any such unlawful encroachment or reduction, such building
shall be deemed to be in violation of the provisions of this
ordinance and the building permit for such building there-
upon shall be null and void.
C. Where the lot is formed from part of a lot already occupied
by a building, such separation shall be effected in such
manner as not to impair any of the requirements of this
ordinance with respect to the existing buildings, and all
yards and other open spaces in connection therewith, and no
building permit shall be issued for the erection of a new
building on the new lot thus created unless it complies with
the provisions of this ordinance. ,
Section 5.04. Continuance of Non -Conforming Use of Buildings.
Any no orming building or structure may be continued and
maintained, provided there is no physical change other than
necessary maintenance and repair in such building or structure.
Section 5.05. Change of Use. Any part of a building, structure
or land occupied by a non -conforming use may be changed to a use
which is the same or of a more restricted nature; but where the
use of a non -conforming building, or land is hereafter changed to
.a more restricted classification, it shall not hereafter be
changed to a use of a less restricted classification.
Section 5.06. Vacancy: Termination of Non -Conforming Use. Any
part of a building, structure, or land occupied by a non -conforming
use, which hereafter becomes vacant and remains unoccupied for a
continuous period of 90 days shall not thereafter be occupied
except by a use which conforms to the use regulations of the
district in which it is located. The 90 day time period may be
extended by the Board of Adjustment if an application is filed
with the Board by the property owner prior to the expiration of
said 90-day time period. Only one such extension may be granted
and such extension shall not exceed 90 days.
Section 5.07. Change of Tenancy or Ownership. There may be a '
change of tenancy, ownership or management of at existing non-
conforming use, provided there is no change in the nature or
character of such non -conforming use
5-2
547
Section 5.08.
Completion of
Pending Construction. The adoption
of this ordinance
ing for which
shall not limit the construction of any build-
a permit had been obtained or construction had
begun prior to
its adoption
and publication, even though such
building does
not conform to
the provisions of this ordinance.
Section 5.09. Maintenance Permitted. A non -conforming building
or structure may be repaired and maintained as provided in and as
limited by this section. The maintenance of such building or
structure shall include only necessary repairs and incidental
alterations, which alterations, however, shall not extend the
extent or degree of non -conformity of such building or structure,
provided that necessary alterations may be made required by other
law, ordinances or regulations. Provided, further, that the cost
of such work shall not exceed 25 percent of the appraised value
of such building or structure at the time such work is done. The
appraised value thereof shall be established by the Flathead
County Assessor's Office.
Section 5.10. Restoration of Damaged Building. A non -conforming
building or structure having been damaged or partially destroyed
by fire, or other calamity, to an extent not exceeding 50 percent
of its real value, exclusive of foundations, at that time, may be
restored and its immediately previous occupancy or use existing
at the time of such partial destruction, may be continued or be
resumed, provided the work of reconstruction is commenced within
' 180 days of the date of such partial destruction. Whenever a
non -conforming building or structure is damaged in excess of 50
percent, of its real value, exclusive of foundations, at the
time, the repair or reconstruction of such building shall conform
to all of the regulations of the district in which it is located
and it shall be treated as a new building. Upon application of
the owner the Board of Adjustment may grant a variance to restore
a building damaged beyond 50 percent. In addition, if such
building is moved for any reason for any distance whatever, then
in any such event, the said building and the land on which said
destruction or moving shall be subject to all regulations speci-
fied by this ordinance for the district in which such land and
buildings are located.
Section 5.11. Additions, Enlargements, Moving.
A. A building or structure which is non -conforming as to use
regulations, shall not be added to or enlarged in any manner.
unless such building or structure, including such additions
and enlargements, is made to conform to all regulations of
the district in which it is located.
B. A building or structure, non -conforming as to height or
density regulations, may be added to or enlarged if such
' addition or enlargement conforms to the regulations of the
district in which it is located. In such case, such addi-
tion or enlargement shall be treated as a separate building
or structure in determining conformity to all of the require-
ments of this ordinance.
5-3
C. When a building or structure or portion thereof is moved
from one district to another or to another location within
the same district, it must conform or be made to conform to
all of the regulations of the district to which it is moved.
Section 5.12. Expansion Prohibited. A non -conforming use of
land, a portion of a building or structure, which lands, build-
ings, or structures otherwise conforms to the provisions of this
ordinance, shall not be extended or expanded into any other
portion of such conforming land, building, or structure, nor
changed except to a conforming use. if such non -conforming use
or portion thereof is discontinued for a 90 day or more period,
or changed to a conforming use, any future use of such land,
building or portion thereof shall be in conformity to the regu-
lations of the district in which such land, building or structure
is located.
Section 5.13. Continuance of Non -Conforming Use of Land. The
non -conforming use of land (where.no building is involved) exist-
ing at the date this ordinance becomes effective, may be con-
tinued, provided that:
A. No such non -conforming use of land shall in any way be
expanded or extended either on the same or adjoining prop-
erty.
Section 5.14. Lot Area Exceptions. The following shall be I
exceptions to the required lot .areas:
A. Lots, parcels or tracts of land, of record in the Flathead
County Clerk & Recorder's office with less than the area
required by the use district imposed, which existed prior to
the passage of this ordinance.
B. Lots or development sites which, as a process of their
creation were approved with substandard area by the City
Council or County Commissioners.
Section 5.15. District Changes. Whenever the boundaries of a
district shall be changed so as to transfer an area from one
district to another district of a different classification, the
foregoing provisions shall also apply to any non -conforming uses
existing therein.
5-4
549
CHAPTER 6
' ADMINISTRATION
Section 6.01. Zoning F.dministrator. The Zoning Adminstrator
shall be responsible for enforcing the provisions of this ordi-
nance. The Zoning Administrator and his authorized representa-
tive may enter any building or enter upon any land during the
daytime in the course of their duties with the occupants consent
and upon showing proper identification and giving reasonable
notice.
Section 6.02. Records. The Zoning Administrator shall maintain
in his office all permits issued by him; a record of each and
every identifiable complaint of a violation of any of the provi-
sions of this ordinance, the action taken, consequent to any such
complaint, which records shall be open to the public for inspection.
Section 6.03. Permits Issued Contrary to This Ordinance. Any
building permit, or other authorization issued, granted or approved
in violation of the provisions of this ordinance shall be null
and void and of no effect without the necessity of any proceedings
for a revocation or nullification thereof. Any work undertaken
or use established pursuant to any void building permit or other
authorization shall be unlawful and no action may be taken by any
' officer or any employee of the city purporting to validate any
such violation.
Section 6.04. Building Permit Required. No building or other
structure shall be erected, moved, added to or structurally
altered without a permit therefore, issued by the building inspec-
tor or an authorized assistant.
Section 6.05. Board of Adjustment. A Board of Adjustment is
hereby established as provided in the Revised Codes of Montana,
1947, Section 11-2707, as amended. The word "Board" when used in
this ordinance shall be construed to mean the Board of Adjustment.
Said Board shall consist of five (5) members appointed by the
mayor and subject to confirmation of the city council. Each of
such members shall be appointed to hold office for a period of
three (3) years and until his successor is appointed and qualified.
Any vacancy shall be filled by appointment by the mayor subject
to confirmation by the city council, and shall be for the unexpired
term of the retired member. All of the members of the Board
shall be residents of the City and shall serve without compensa-
tion; any member may be removed for cause by the mayor subject to
the approval of the city council upon written charges made and
after a public hearing thereon.
Section 6.06. Powers
of the
Board of Adjustment.
'
A. The Board shall
hear and
decide appeals from any determina-
tion made by the
Zoning
Administrator and applications for
conditional use
permits
and for variances.
6-1
550
0
B. Any decision within the jurisdiction and powera� of
Board, as set forth in Section 15 above, made th "$
of Adjustment by a concurring vote of four or Mare o ''ts
members, after proper appeal to hearing and deoasiont the
Board, may not thereafter be rescinded, reveres or 'fied
by action of the city council; a decision-made,Ly t'
with fewer than four concurring votes thereon?'y„ :..
written application therefor filed with the ciAt =cl+erk,
within ten days after the filing of the minutEft of t3&
meeting whereat such decision was made, be revEin—Eed'>1 "°41ae:
city council at its next regular meeting.
In review of such decision, the council shall` ar the
applicant and the appropriate administrative piorsonn&l'.'
the city and such other. persons as may be dire l off ed
thereby. After hearing such persons and exami4ing sun"'
evidence as may properly be presented, the cougeih maYJ ii£
deemed to be in the best interest of the city d u the
concurring vote of at least three fourths of tie coun 1
members present and voting, affirm, rescind, rice o
modify the decision of the Board of Adjustment4.;.A c i£i.ed
copy of the approved minutes of the city council mae g,
reflecting such review and decision, shall be 10p"tairied.as
part of the records of the Board of Adjustments'
Section 6.07. Conditional Uses.
A. Application for conditional use permit. A dever1cVer1W,
owner or lessee may file with the Zoning Admin.14M t
application for a conditional use permit, prow dedl. a •"'the
conditional use sought is permitted in the par ' lar :s-
trict (Table 3-1) . The applications shall be :rmmgsaa by
a plan showing the actual dimensions and shap�=f thga` ,
the exact sizes and locations on the lot of ex4 t1mg
proposed buildings, if any, and the existing aid
uses of structures and open areas and by such aaiti 1
information as topography, access and surrounding lan' 'Oses.
B. Fees. The applications shall be accompanied b# a
deposit of $50.00 to cover the cost of publica+ffon of
notice of public hearing.
1r
C. Action by Zoning Administrator. The Zoning Adz An3mtrAmIt
shall determine whether the proposed condition .IRTSBI xam
to the general purpose and intent of the Comp ei'a1e.,3an
and of the district in which it proposes to lotftihe_
Zoning Administrator shall transmit his findi-md --
mendations to the Board of Adjustment. s
D. Action by the Board. After receiving the repot Df
the Zoning Administrator with all pertinent reed
the Board shall give notice of and hold a publl�x3ne
provided in Section 6.12. Within 30 days aftexAhe
the Board shall act upon the proposed condition; u
6-2
,n% as
i.ng,
1
551
granting the application in whole or in part, with or without
modifications or denying it. In addition to the general or
specificrequirements set forth in this ordinance concerning
conditional uses, which shall be considered minimum require-
ments with respect to the permit, additional requirements,
.conditions and safeguards may be added by the Board as
required for the protection of public interest in the
specific case. The Board shall have the authority to require
and approve a specific plan.
E. Compliance, Denials, Approval.
1. If the permit is granted, all conditions required
by the Board shall be entered in the minutes of the
meeting and also on the certificate on the conditional
use permit.
2. In the event of failure to comply with plans
approved by or conditions imposed by the Board upon the
conditional use permit, the permit shall thereupon
immediately lapse and be of no effect;
3. If the permit is denied, the reasons therefore shall be
entered in the minutes of the meeting at which the
permit is denied;
' 4. If the property for which a conditional use permit is
obtained is not utilized for that use within one year
from the date of the Board's decision, the conditional
use permit shall lapse automatically. The decision of
the Board shall be final, subject only to review by the
District Court.
Section 6.08. General Standards for Conditional Use.
A. Compliance with requirements. No conditional use permit
shall be issued except upon a finding by the Board that the
proposed use conforms to the requirements set forth in this
chapter and.that the proposed conditional use will have no
more adverse effect on the health, safety or comfort of
persons living or working in the area and will be no more
injurious, economically or otherwise, to property or improve-
ments in the surrounding area than would any use generally
permitted in the district. Among matters to be considered
in this connection are traffic flow and control; access to
and circulation within the property; off-street parking and
loading; refuse and service areas; utilities; screening and
buffering; signs, yards and other open spaces; height, bulk
and location of structures; location of proposed open space
uses; hours and manner or operation; and noise, lights,
dust, odor, fumes and vibration. However, an authorized
conditional use may not be denied arbitrarily or if no
specific adverse effect is found.
6-3
552
Section 6.09. Additional Requirements for Conditional Uses. In
addition to the general requirements set forth above, the require-
mentsI
set forth hereafter shall apply to the respective conditional
uses and structures.
Section 6.09.1. Animal Hospitals, Pounds, Shelters, Commercial
Kennels.
A. Except where animals are kept in sound -proof air conditioned
buildings no structure or area occupied by such animals
whether in animal hospitals, pounds, shelters or commercial
kennels shall be kept within 100 feet of the property line
of any adjacent lot.
Section 6.09.2. Boat Marinas, Boat Buildings and Repair Facilities,
Docks and Piers for Pleasure Craft, Public and Private and Sale
of Boating Supplies and Fuel.
A. Location and Site Requirements. Marinas shall be located as
to be accessible from major roads without creating traffic
congestion on minor streets. In general, sites shall include
at least 300 feet of water frontage and at least two acres
in area. These requirements may be increased or decreased
in a particular case as indicated by the requirements of
subsection "B".
B. Operational Requirements. Launching ramps, boat building '
and repair facilities, facilities for sale of boating supplies
and fuel, clubhouses and areas for boat storage on land
which are open between the hours of 8 a.m. and 9 p.m. shall
be at least 150 feet from the nearest lot line of any lot on
which a dwelling is permitted. If any of said areas or
functions are open before 8 a.m. after 9 p.m., the distance
shall be increased to 300 feet, provided that if parking
areas and boat storage areas on land are enclosed by a solid
fence at least 6 feet in height, the distance may be reduced
to 150 feet.
Section 6.09.3. Cemeteries,.Columbariums, Crematories, Mausoleums.
A. With respect to cemeteries, columbariums, crematories and
mausoleums, a 10 foot landscaped greenbelt shall be provided
along the boundaries of the property. In cases where bodies
are to be interred to present contamination of ground water,
data shall be supplied by the developer indicating depth to
the seasonal high water table. Such tests shall be conducted
during the peak runoff season.
Section 6.09.4. Cluster Developments - Dwellings. Cluster
developments shall be subject to the following:
A. Minimum area of the development shall be not less than two
acres.
6-4
553
B. Types of Buildings.
1.
Within the R-1, R-2 and R-3 residential districts, only
one -family detached dwellings shall be permitted;
2.
Within the R-4 and R-5 residental districts, detached,
simi-detached and attached dwellings shall be permitted.
C. Minimum Area Per Dwelling Unit. The minimum area per dwell-
ing
unit, excluding streets and off-street parking areas for
three or more automobiles shall be as follows:
1.
One acre per dwelling unit for any development within
an R-1 residental district;
2.
20,000 square feet per dwelling unit for any development
within an R-2 residental district;
3.
9,600 square feet per dwelling unit for any development
within an R-3 residential district;
4.
7,200 square feet per dwelling unit for any development
within an R-4 residental district;
5. 5,400 square feet per dwelling unit for any development
within .an R-5 residental district.
' D. Lot Size. The minimum size of a lot of record within
a cluster development shall be as follows:
1. Detached Dwellings. The minimum size of a lot of
record within the development for detached dwellings
shall be at least 80 percent of the minimum area required
per dwelling unit but not less than 4,500 square feet,
provided that an area equal to the difference, if any,
between the minimum area required per dwelling unit and
the size of the lot of record actually provided shall
be set aside as common open space.
2. Attached Dwellings. The minimum lot size of a lot of
record within the development for attached dwellings
shall be 2,500 square feet for one dwelling unit and
5,000 square feet for two dwelling units. Attached
dwellings shall not exceed eight dwelling units in one
building. The area equal to the difference, if any,
between the minimum area required per dwelling unit and
the size of the lot of record actually provided shall
be set aside as common open space.
E. Common Open Space. Common open space, permanently reserved
and maintained as landscaped park or recreational space and
excluding streets or parking areas shall be provided within
the development area in an amount equal to the difference
between:
6-5
554 •�
1. The total of the minimum area requirements of individual
lots of record, if the land utilized for the cluster
development were developed under the district regula-
tions; and
2. The total of the area of the lots of record actually
provided per dwelling unit of the cluster development.
The location, size, nature and topography of the open space
areas shall be suitable for use as common areas for park,
recreational purposes and buffer areas between groups of
homesites and not more than 50 percent of the open space
areas resulting from the reduction in lot sizes shall have a
slope in excess of twenty percent.
F. Yards. Yards abutting the boundaries of cluster developments
shall conform to the minimum requirements for the district,
provided that landscaped strips at least ten feet in width
shall be maintained along the boundaries of the development.
Such strips shall not be used as drives or for parking.
Where groups of buildings in the development are other than
perpendicular to a side or rear boundary of the cluster
development and such boundary is not a street or alley, the
yard adjacent to such boundary is not a street or alley, the
yard adjacent to such boundary shall be thirty feet in least
dimension and a ten foot landscaped strip shall be maintained
free from drives or parking.
G. Lot Coverage. The maximum lot coverage by all buildings, as
specified for the district, shall be applied to the cluster
development as a whole and not to individual lots of record
within the cluster development.
H. Covenants. Adequate provision shall be made for the perpetual
maintenance of all open space areas by the inclusion of
covenants running with the land in the deeds or other instru-
ments of conveyance, delineating such open areas; and
1. obligating purchasers to participate in a homeowners'
association and to support maintenance of the open
space areas by paying to the association, assessments.,
sufficient for such maintenance and subjecting their
properties to a lien for enforcements of payments of
the respective assessments;
2. Obligating such association to the maintenance of open
space areas;
3. Empowering the city as well as other purchasers in the
development to enforce the covenants in the event of
failure of compliance; and
4. Providing for an agreement that if the city is required
to perform any maintenance work pursuant to item "3"
6-6
555
above, said purchasers would pay the cost thereof and
that the same shall be a lien upon their properties
until said cost has been paid, provided that the sub-
divider shall be responsible for the formation of the
homeowners' association. Assurance that such covenants
will be included in the deeds or other instruments of
conveyance shall be evidenced by the recording in the
County Clerk and Recorder Office of Flathead County,
Montana, of a declaration providing for perpetual
maintenance of the open space areas, as prescribed
herein above and identifying the tract and each lot
therein. The declaration shall be included in the deed
or other instrument of conveyance of each lot of record
and shall be made binding on all purchasers, provided
that such declaration may, as to subsequent conveyance
other than the initial conveyance of each lot of record,
be incorporated by reference in the instrument of
conveyance.
Section 6.09.5. Drive -In Theaters.
A. Minimum area of a drive-in theater site shall be ten
acres.
B. The site shall be adjacent to a major street and entrances
and exits shall be from the major street provided, however,
' that where adjacent minor streets can be used for access to
the major street, this arrangement may be permitted.
1
C. Off-street parking or storage lanes for waiting patrons
shall be avilable to accommodate not less than twenty percent
of the vehicular capacity of the theater.
Section 6.09.6. Dwelling, Single Family. In an agricultural AG-
1 zone, single family residental uses will be considered as
accessory uses only.
A. Single family residental use as an accessory use must be
subordinate in area and extend to the principal agricultural
use of coipmercial-agricultural production of food, fiber
and/or livestock.
B. Commercial -agricultural production of food, fiber and/or
livestock shall be documented to demonstrate an annual
income equal to or greater than the average annual income of
Flathead County residents, as established and periodically
updated by the United States Department of Commerce, Bureau
of the Census.
Section 6.09.7. Extractive Industries. Requirements contained
in th this section shall not exempt the owner or operator of an
extractive industry from compliance with
Strip Mine Reclamation Act, Chapter 10,
shall be in addition to the requirements
6-7
the Montana Open Cut or
Title 50, RCM, 1947, but
of said Act. Prior to
Z.I"lJ
the approval by the Board of a conditional use permit, a reclama-
tion contract shall be signed and approved by the owner or opera-
tor and the appropriate state agency.
A. Operational Requirements. The site of an extractive industry
shall be of sufficient size and dimensions to accommodate
the proposed operations. Consideration shall be given to
noise, light, dust, smoke and vibration and how they affect
adjoining properties. Blasting operations shall be restricted
to Monday through Friday between the hours of 8 a.m. and 5
p.m. Pockets and stagnant pools of water resulting from
surface drainage shall either be:
1. Sprayed to eliminate breeding places for mosquitoes and
other insects. Method and chemicals used shall be
approved by the Montana State Department of Agriculture;
or
2. Drained to prevent such pockets or pools.
Off -Street parking areas adequate for all employees' vehicles
and trucks shall be provided.
B. Plan for Development of the Site. The plan to be submitted
with the application for a conditional use permit shall
include a plan for development of the subject property which
shall consist of two phases: the exploitation phase and the
re -use phase.
1. Exploitation Phase. The plan for the exploitation
phase shall show the proposed development as planned in
relation to surrounding property with 300 feet and
shall include topographic surveys and other materials
indicating existing conditions, including soil and
drainage and the conditions, including drainage, top-
ography and soil which shall exist at the end of the
exploitation phase. Contour intervals for topography
shall be five (5) feet in areas where slope is ten
percent or greater and two (2) feet in areas where
slope is less than ten percent.
The plan for exploitation phase shall demonstrate the
feasibility of the operation proposed without creating
hazards or causing damage to other properties. This
plan shall also show the different stages of exploita-
tion, where and how traffic will be handled, where
equipment will be operating, the location and dimension
of structures, the manner in which safeguards will be
provided including those for preventing access by
children and other unauthorized persons to dangerous
areas. The final stage of this plan shall indicate how
the project is to be finished in accordance with the
phase for re -use.
557
2. Re -Use Phase. The plan for the re -use phase shall
,indicate how the property is to be left in a form
' suitable for re -use for purposes permissible in the
district, relating such re -uses to uses existing or
proposed for surrounding properties. Among items to be
included in such plan are feasible circulation patterns
in and around the site, the treatment of exposed soil
or subsoil including measures to be taken to replace
topsoil or establish vegetation in excavated areas in
order to make the property suitable for the proposed
re -use and treatment of slopes to prevent erosion.
In such re -use plan, intermittent lakes shall be
allowed, provided that such lakes are deep enough to
sustain a species of game fish approved by the Montana
Fish and Game Department. Such fish should have the
capacity of feeding on insects and mosquito larva,
thereby eliminating an insect and mosquito breeding
area.
Section 6.09.8. Land Fills, Sanitary for Disposal of Stumps,
Trash and Garbage.
A. Sanitary land fills and refuse dumps shall be subject to the
following conditions:
' 1. Certificates of approval shall be required from the
State Department of Health and Environmental Sciences.
2. No application for a conditional use permit shall be
considered unless owners of at least 60 percent of the
area within 600 feet of the boundaries of the proposed
sanitary land fill shall in writing state that they
have no objections to the allowance of such use.
3. A conditional use permit for a sanitary land fill shall
be issued for an initial period of five years. Said
permit may be renewed after the initial period by the
Board for a similar period, upon application provided
that such renewal may be refused to a person, firm or
corporation who has violated the conditions of the
permit during its term or if conditions in the area
have changed in such a manner as to justify refusal of
the renewal. No fee shall be charged for the renewal
permit.
Section 6.09.9. Television or Other Broadcasting Stations and
Masts.
A. Measured from the abutting property line, setbacks from
property lines shall be at least equivalent to the height of
the structure for television and other broadcasting stations
and line -of -sight relay devices.
Section 6.10. Variances or Appeals.
A. Application for Variances or Appeals, Application for
variances or appeals from the ruling of the Zoning Admini-
strator concerning the provisions contained within this
ordinance may be made by the Board within such time as shall
be prescribed by the. Board. The mayor shall appoint the
secretary of the Board.
B. The secretary shall maintain and be custodian of all records
of the minutes of the Board and findings and decisions of
the Board. All records shall be open to the public. A1.1
appeals from interpretations and applications for variances
shall be in writing on forms prescribed by the Board and
shall be accompanied by $25.00 to cover the costs of pro-
cessing. Every appeal and application shall refer to the
specific provisions of this ordinance involved and shall set
forth the interpretation that it claimed, the details of the
variance that is applied for and the reasons for which it is
claimed that the variance should be granted,as the case may
be.
C. When any appeal is made to the Board from the decision of
the Zoning Administrator, any further findings of the matter
shall be stayed until the final determination by the Board
of Adjustment.
1. When an appeal is taken to the District Court from any
decision of the Board, all proceedings therein shall be
stayed until final determination by the District Court.
D. Meetings of the Board shall be held at least once a month
provided there is business to transact and at such other
times as the Chairman of the Board may determine. All
regular Board meetings shall be open to the public. The
Board shall adopt its own rules of procedure and keep minutes
of its proceedings, findings and action in each case and the
vote of each member present on each question considered in
the proceedings, unless a member disqualifies himself. The
presence of four members shall be necessary to constitute a
quorum and four affirmative votes shall be necessary for
granting a variance. No proxy vote is permissible.
Section 6.11. Conditions Governing Variances. The Board of
Adjustment shall have the authority to grant a variance from the
requirements of this ordinance, after considering the matter at a
public meeting duly called.
A. Before any variance can be granted, the Board shall make
findings of fact based upon evidence produced at a public
hearing setting forth and showing that the following circum-
stances exist:
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559
1. In considering all proposed variances to this ordinance,
' the Board shall, before making any findings in a speci-
fied case, first determine that the proposed variance
will not amount to a change in the use of the property
to a use which is not permitted within the district;
2. That special conditions and circumstances exist which
are peculiar to the land such as size, shape, topography
or location, not applicable to other lands in the same
district and that literal interpretation of the provi-
sions of this ordinance would deprive the property
owner of rights commonly enjoyed by other properties
similarly situated in the same district under the terms
of this ordinance;
3. That the special conditions and circumstances do not
result from the actions of the applicant;
4. That granting the variance requested will not confer a
special privilege to subject property that is denied
other lands in the same district;
5. That the granting of the variance will not be materially
detrimental to the public welfare or injurious to the
property or improvements in the vicinity and zone in
which subject property is situated;
' 6. The Board of Adjustment shall further make a finding
that the reasons set forth in the application justify
the granting of the variance and that the variance is
the minimum variance that will make possible the reason-
able use of the.land;
7. The Board of Adjustment shall further make a finding
that the granting of the variance will be in harmony
with the general purpose and intent of this ordinance
and will not be injurious to the neighborhood or other-
wise detrimental to the public welfare;
8. The fact that property may be utilized more profitably
will not be the sole element of consideration before
the Board of Adjustment.
B. In granting any variance, the Board of Adjustment may pre-
scribe approximate conditions and safeguards that will
ensure that the purpose and intent of this ordinace shall
not be violated. Violation of such conditions and safeguards
when made part of the terms under which the variance is
granted shall be deemed a violation of this ordinance and
punishable under Section 6.15, "Violations and Penalties".
IC. Variances with respect to uses of land, buildings and other
structures may not be granted by the Board.
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560
d
Section 6.12. Public Notice and Hearing. No action of the Board
shall be taken on any conditional use permit until after proper
notice has been given and public hearing has been held. Proper
notice of hearing before the Board shall be:
A. One publication in a newspaper of genera]. circulation in .
the planning area at least fifteen days prior to the date of
hearing.
B. Posting of copies of the Notice of Hearing at least fifteen
days prior to the hearing in a conspicuous place on the
property which is the subject matter of the application to
the Board.
C. Written notice shall be mailed to the owner or reputed owner
of the properties within 150 feet of the property which is
the subject matter of the application of the Board, which
ownership is deemed to be that of the last owner of record
in the office of the County Assessor of Flathead County,
said notice to be mailed at least fifteen days prior to the
date of such proposed hearing.
D. The secretary of the. Board shall cause said notices to be
mailed and published and the Boards records shall contain
statements of such notices.
Section 6.13. Amendments to This Ordinance and/or Official I
Zoning Map.
A. Proposed amendments, supplementations or modifications of
the Text of These Regulations or the Official Zoning Map May
be Initiated as Follows:
1. By motion of the city council; or
2. By motion of the Zoning Commission or
3. By petition of the owners of fifty percent or more of
the area involved in a petition for a change in the
zoning map; said petition shall be on forms prescribed
by the Commission and accompanied by a filing fee of
$50.00 to cover costs of processing.
B. proposed amendments, supplementations or modifications of
the text of this ordinance or the Official Zoning Map shall
be submitted to the city council who shall refer said pro-
posed amendments, supplementations to the Zoning Commission.
C. The Zoning Commission shall take no action upon a request
for a proposed amendment, supplementation or modification of
the text of this ordinance or the Official Zoning Map until
they have considered all facts relative to the proposal.
6-12
561
The Zoning Commission shall consider said proposed amend-
ment, supplementation or modification and shall make its
recommendation concerning the matter to the city council.
D. The city council shall take no action on the recommendation
of the Zoning Commission regarding a proposed amendment,
supplementation or modification until a public hearing is
held before the council. Notice of the time and place of
said hearing shall be published at least once in a newspaper
of general circulation in the planning area at least fifteen
days prior to the date of the hearing.
After the public hearing the city council. shall consider the
recommendation of the Zoning Commission and any public
comment and may approve, modify or disapprove the proposed
amendment, supplementation or modification, by a majority
vote of the city council. However, if a protest against
such change, signed by the owners of twenty percent or more
either of the area of the lots included in such proposed
change, or of those immediately adjacent in the rear thereof
extending one hundred and fifty (150) feet therefrom, or of
those adjacent on either side thereof within the same
block, or of those directly opposite thereof extending one
hundred and fifty (150) feet from the street frontage of
such opposite lots, such change shall not become effective
except by the favorable vote of three -fourths (3/4) of all
' the members of the city council.
Section 6.14. Change of Zoning to Planned Unit Development
District (PUD).
A. General.
1. Initiation. The legal land owner shall submit an
application to the Zoning Commisssion for a change of
zoning from the existing district to a proposed PUD
district. The application shall be accompanied by a
preliminary plan containing.the information required in
Section 6.14, B.6. In cases where the development will
be executed in increments, a schedule showing the time
within which each part will be filed and completed
shall also be included in the application.
2. Review of Application. Upon submission of the applica-
tion and preliminary plan, the Zoning Commission shall
review such application and plan based on the following:
a. The extent to which the Plan departs from zoning
and subdivision regulations otherwise applicable
to the subject property, including but not limited
to density, bulk and use and the reasons why such
departures are or are not deemed to be in the
public interest;
6-13
562
b. The nature and extent of the common open space in
the planned development project, the reliability
of the proposals for maintenance and conservation
of the common open space and the adequacy or
inadequacy of the amount and function of the open
space in terms of the densities and dwelling types
proposed in the Plan;
C. The mariner in which said Plan does or does
not make adequate provision for public services,
provide adequate control over vehicular traffic
and further the amenities of light or air, recrea-
tion and visual enjoyment;
d. The relationship, beneficial or adverse, of the
planned development project upon the neighborhood
in which it is proposed to be established;
e. In the case of a Plan which proposes development
-over a period of years, the sufficiency of the
terms and conditions proposed to protect and
maintain the integrity of the Plan which finding
shall be made only after consultation with the
city attorney;
f. Conformity with all applicable provisions of
Section 6.14.
3. Action by the Zoning Commission. The Zoning Commission
shall review the plans and shall hold a public meeting
on the application pursuant to Section 6.13, E. Within
thirty days after said application, the Zoning Commission
shall submit its recommendations to the city council.
The Zoning Commission.may recommend approval in whole
or in part, with or without modifications or recommend
disapproval. Such recommendations shall include:
a. Lot area;
b. Floor area;
C. Ratios of floor space to land area;
d. Area in which structures may be built.
("Buildable area");
e. Open space;
f. Setback lines and minimum yards;
g. Building separations;
h. Height of structures;
6-14
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563
i. Signs;
j. off-street parking and loading space;
k. Design standards;
1. Phasing of development.
4. Action by the City Council. The city council shall
consider the recommendation of the Zoning Commission
and pursuant to a public hearing called by them may
affirm, modify or deny the PUD Plan. The applicant
shall submit a final plan in accordance with the approval
of the city council. When the city council approves
the final plan and plat, the area of land involved
shall be redesignated as a PUD district by ordinance
which shall incorporate the final plan, including any
conditions or restrictions that may be imposed by the
city council. Each PUD district created shall be
numbered consecutively, e.g. PUD-1, PUD-2, etc.
5. Effect of Approval. The final Plan as approved together
with the conditions and restrictions imposed shall
constitute the zoning for the district. No building
permit shall be issued for any structure within the
district unless such structure conforms to the provi-
sions of the Plan.
6. Abandonment or Expiration. Upon the abandonment of a
development authorized under Section 6.14 (abandonment
shall be deemed to have occurred when no improvements
have been made pursuant to the approved development
plan for a period of twelve months or upon the expira-
tion of the completion schedule approved as a part of
the development plan for a development which has not
been completed), the Zoning Commission or city council
may initiate an amendement to the official Map so that
the land will be rezoned in a category or categories
which most nearly approximate its then existing use or
such other zoning category or categories which it deems
appropriate or into the category or categories it held
before being zoned as a PUD District.
a. Limitation on Rezoning. The Zoning.Commission
shall not initiate any amendments to the Zoning
ordinance or Official Map concerning the property
involved in a Planned Unit Development before
completion of the development as long as develop-
ment is in conformity with the approved Detailed
Planned Unit Development and proceeding in accord-
ance with the time requirements imposed therein.
B. Standards for Change of Zoning to Planned Unit Development
District (PUD).
6-15
564
1. Establishment of District. PUD districts may be estab-
lished only in existing R-2 through R-5 residential and
RA-1 through RA-3 residential apartment districts.
2. Location of PUD. A PUD district shall be located in an
area where public and private facilities and services
are available or are to become available by the time
the development reaches the stage where they will be
required.
3. Land Area Requirements. The minimum land area required
for a change of zoning to PUD shall be five acres and
shall be under single ownership. In determining whether
minimum area requirements for a PUD district have been
met, computations shall include the entire area within
the boundaries of the district proposed, including the
area of streets.. Lands in such districts may be
divided by streets, but shall be so located, dimensioned
and arranged as to permit unified planning and develop-
ment, to meet all requirements for PUD districts and to
provide adequate protection for uses within the district
and in surrounding areas.
4. Use Regulations. Within a PUD district, the uses and
structures permitted in Table 3-1 shall be allowed with
the following exception:
a
Commercial Uses.
1.) Such establishments and their parking areas
shall not occupy more than five percent of
the land area of the planned unit development
district;
2.) Such establishments shall be limited to trade
and service facilities such as stories, coin
operated laundry and dry cleaning establish-
ments, beauty shops and barber shops. How-
ever, service stations and repair garages
shall not be permitted as convenience estab-
lishments;
3.) Such establishments shall be so located
designed and operated as to serve primarily
the needs of persons within the district and
not persons residing elsewhere;
4.) No building permit for any convenience estab-
lishment shall be issued nor may any building
be used for a convenience establishment
before sixty percent of the dwelling units
contemplated in the development plan have
been constructed and occupied.
6-16
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565
1
5. Dwelling Unit Densities. Residential dwelling unit
densities within a proposed PUD district shall not
exceept the following:
a. PUD districts created from R-2 residental
districts shall not exceed three dwelling
units per acre;
b. PUD districts created from R-3 residental
districts shall not exceed five dwelling
units per acre;
C. PUD districts created from R-4 residental
districts shall not exceed seven dwelling
units per acre;
d. PUD districts created from R-5 residental
districts shall not exceed ten dwelling
units per acre;
e. PUD districts created from RA-1 residental
apartment districts shall not exceed twenty
two dwelling units per acre;
f. PUD districts created from RA-2 residental
apartment districts shall not exceed thirty-
three dwelling units per acre; and
g. PUD districts created from RA-3 residental
apartment districts shall not exceed forty-
four dwelling units per acre.
When a plan for a proposed PUD includes commercial
areas, the acreage developed to those commercial acres
shall not be excluded from the gross acreage when
computing total allowable dwelling units. .
6. Preliminary PUD Plan. Three copies of a
plan shall be submitted at the time the
a change in zoning to PUD is submitted.
shall contain the following:
preliminary
application for
Such plan
a. Proposed dimensioned layout super -imposed on a 2-
5 foot interval topographic map of the area to a
scale not to exceed 1" = 100' of any streets,
buildings, open space, lots and other elements
basic to the development;
b. Proposed locations, amounts, densities and types
of residental and non-residental uses and struc-
tures within the area proposed to be developed and
maximum height of buildings or structures;
C. Proposed plan for handling vehicular traffic,
parking, sewage disposal, drainage, water supply,
6-17
1 566
site perimeter treatment and other pertinent site
development features; ,
d. Elevation drawings which demonstrate visually the
general architectural features of each proposed
building or architecturally distinct group or type
of buildings and the site perimeter treatment;
e. The plan shall show the boundary lines of adjacent
subdivided or unsubdivided land and the existing
zoning of the area proposed to be changed to PUD
as well as the land adjacent thereto;
f. An anumeration of covenants in detail proposed to
be made a part of the PUD and shall be enforceable
by the city council;
g. A statement expressing the order and estimated
time of development;
h. Adequate provision shall be made for a private
organization with direct responsibility to, and
control by, the property owners involved to provide
for the operation and maintenance of all common
facilities including private streets jointly
shared by such property owners if such facilites
are a part of the Planned Unit Development and in ,
such instance, legal assurances shall be provided
which show that the private organization is self-
perpetuating and adequately funded to accomplish
its purposes; real property taxes of the private
streets and common areas shall be assessed and
levied pro-rata to all privately owned parcels
within the district;
i. Adequate provisions shall be made for common
facilities which are not dedicated to the public
to be maintained to standards assuring continuous
and adequate maintenance at a reasonable and non-
discriminatory rate of charge to the beneficiaries
thereof. Common facilities not dedicated to the
public shall be operated and maintained by the
private organization and at no expense to any
governmental unit;
j. All private streets shall be maintained by the
aforesaid private organization in such a manner
that adequate access is provided at all times to
vehicular traffic so that fire, police, health,
sanitation and public utility vehicles can serve
the properties contiguous or adjacent thereto and I
so that said vehicles will have adequate turning
area;
567
k. A statement expressing in what manner the proposed
development relates both to the purposes of this
section to the adopted Comprehensive Development
Plan.
Section 6.15. Violations and Penalties.
A. Any person or corporation, whether owner, lessee, principal
agent, employee or otherwise, who violates any of the provi-
sions of this ordinance or permits any such violation or
fails to comply with any of the requirements thereof, or who
erects, constructs, reconstructs, alters, enlarges, converts,
moves or uses any building or uses any land in violation of
any detailed statement or plans submitted by him and approved
under the provisions of this ordinance, shall be guilty of a
misdemeanor and upon conviction thereof, shall be punishable
by.a fine not exceeding $500.00 or imprisonment for a period
not to exceed ninety days or both. Each week's continued
violation shall constitute a separate additional violation.
B. In case any building or structure is erected, constructed,
reconstructed, altered, converted or maintained, or any
building, structure or land is used in violation of this
ordinance, the proper legal authorities of the City of
Kalispell, in addition to other remedies, may institute any
appropriate action or proceedings to prevent such unlawful
' erection, construction, reconstruction, alteration, conver-
sion, maintenance or use, to restrain, correct or abate such
violation, to prevent the occupancy of said building, struc-
ture or land, or to prevent any illegal act, conduct, business
or use in or about such building, structures or land.
Section. 6.16. Severability. The provisions of this ordinance
are severable. If any section, sentence, clause or phrase of
this ordinance is adjudged by a court of competent jurisdiction
to be invalid, the decision shall not affect the validity of the
remaining portions of this ordinance.
Section 6.17. When Effective. This ordinance is effective
January 1, 1978 and shall apply as follows:
A. Upon the effective date it shall apply to any and all
territory thereafter annexed to the City of Kalispell. If
the Zoning Ordinance of the City of Kalispell in effect at
the time this ordinance is adopted is still in effect as
provided hereinafter, the city council shall at time of such
annexation determine the proper zoning district classifica-
tion of such annexed territory or nearly as possible in
accordance with Article I, Section 7(b), (c) and (d) of said
existing ordinance.
B. At any time the city council may by Resolution, apply this
ordinance to any property within the city limits at the time
this ordiance becomes effective. Before such a resolution
6-19
may be adopted, however, the Zoning Commission shall hold a
public hearing concerning such resolution and the property
to which it shall apply. Such public hearing shall be held
only after due notice thereof shall have been published in
the city at least once a week for two successive weeks next
preceeding such public hearing. Following such public
hearing the Zoning Commission shall make recommendations to
the city council concerning the zoning districts most adapt-
able to said property and in adopting its resolution, the
city council shall. consider, but is not bound by such
recommendation.
C. Until a resolution is passed and adopted making this ordi-
nance applicable to a property within the city, the zoning
ordinance of the City of. Kalispell in force when this ordi-
nance becomes effective shall continue to apply to said
property within the city. All property within the city
shall be assigned a zone,, trict classification in accord-
ance this ordinanr,d whin one year following the
effe iv date of thin/ ordi ance.
D AND/ADOPTED BY it
28th AY OF NOVEIER,
—:=veoged
t I
I, George Beardslee, City Clerk of the
the 12th day of December , 19
in my office, and the sane remained po
Is a true and correct copy of the ordi,
COUNCIL OF THE CITY OF KALISPELL
ma Fyg Happ, May(
Valfs7byhfefvity
ans, do certify
e ,the foregoin o
a pere days, rd the
passeC. `
e
11
1