17.20.1.010 Legislative findings

The City Commission makes the following findings:

1. The use of land in the City has a direct bearing on the public health, safety, and welfare.
2. Standards are needed to ensure that new development is done in a coordinated manner.
3. The provisions contained in this chapter are adopted consistent with the provisions of State statutes.
4. Each parcel in the City is intended to have a zoning designation.
5. The provisions in this chapter are adopted in accordance with the City’s adopted growth policy.

17.20.1.020 Purpose

This chapter is established to promote the public health, safety, and welfare and is intended to accomplish the following purposes:

1. promote a sound development pattern by separating the City into various districts where each has uniformly applicable development standards
2. separate incompatible land uses to the greatest extent possible
3. encourage the most appropriate use of land throughout the City
4. regulate and restrict the erection, construction, reconstruction, alteration, repair, and use of buildings, structures, and land
5. provide for a wide range of housing options
6. allow different, but compatible land uses (i.e., mixed uses) to occur in specified areas of the City
7. avoid, or as a less preferred alternate, minimize congestion
8. avoid, or as a less preferred alternate, minimize environmental degradation
9. implement the City’s adopted growth policy

17.20.2.010 Types of zoning districts

The City is divided into a number of base zoning districts so that each parcel is located in at least one district and potentially more. For each of these districts, appropriate types of uses are identified along with development standards. In addition to these base districts, there are a number of overlay districts. These overlay districts are intended to accomplish specific purposes that are not generally applicable to the entire base district. Where the requirements of a base district and overlay district conflict, the most restrictive applies. The zoning map depicts the location of the base districts and overlay districts used in this chapter.

17.20.2.020 Necessity of district designation

It is the intent of this chapter that no land shall be without a zoning district designation, unless specifically noted on the official zoning map. In the event a parcel is for any reason deemed to be without a designation, no land development may occur until such time as the City Commission has assigned the parcel an appropriate zoning classification.

17.20.2.030 Official zoning map

1. Availability. An official copy of the zoning map shall be on file in the City Clerk’s office and available for public inspection upon request.
2. Title. The official zoning map shall bear the title "Official Zoning Map - City of Great Falls, Montana".
3. Certification. The official zoning map shall be identified by the signature of the mayor attested by the City Clerk.
4. Preparation of a new official zoning map. In the event the official zoning map is damaged, lost, or destroyed, and after each amendment to the official zoning map, the Director of the Planning Department shall prepare a new official zoning map and submit it to the City Clerk for certification.
5. History of amendment. After the effective date of this Title, the official zoning map shall be accompanied by a descriptive history of each amendment that has been made, indicating the ordinance number and date of action.
6. Archive of superseded zoning maps. Upon passage of this Title, the Director of the Planning Department shall keep a copy of each superseded zoning map in a permanent archive for historical reference.
7. Amendment. The amendment procedures in Chapter 16 of this Title shall be used to amend the zoning map.

17.20.2.040 Establishment and purpose of districts

1. Base districts. Different areas of the City serve uniquely different functions. The narrative below describes each of the districts. Some of the districts may share similar characteristics, but they possess one or more uniquely different qualities that allow a distinction to be drawn between them. Although an area may not now possess each of the attributes in these descriptions, it is intended that as uses change over time they more closely reflect the intended uses. Uses are allowed in the various districts consistent with the development standards in this Title and development limitations that may be present, including steep slopes, floodplains, wetlands, riparian areas, and other environmentally sensitive areas. The City is divided into the following base districts as shown on the official zoning map:
   1. R-1 Single-family suburban. This district is intended to accommodate comparatively low-density, single-family residential development on larger lots. Home occupations can occur in this district to the extent they are compatible with residential uses found in this district.
   2. R-2 Single-family medium density. This district is intended to accommodate medium-density, single-family residential development on moderate-sized lots. Home occupations can occur in this district to the extent they are compatible with residential uses found in this district. Schools and other public facilities are often found in close proximity.
   3. R-3 Single-family high density. This district is intended to accommodate single-family residences at the highest urban density. Home occupations can occur in this district to the extent they are compatible with residential uses found in this district. Schools and other public facilities are often found in close proximity.
   4. R-5 Multi-family residential medium density. This district is intended to accommodate multi-family units not exceeding two-stories. Given the higher densities, these districts are typically close to work and leisure.
   5. R-6 Multi-family residential high density. This district is intended to accommodate multi-family units of the highest density allowed in the City. These districts are typically found close to work and leisure, and are close to the downtown.
   6. R-9 Mixed residential. This district contains a mix of housing types including single-family, two-family, and multi-family dwellings. New projects developing under this classification must be at least 5 acres in size and include a mix of housing types consistent with a set of prescribed standards.
   7. R-10 Mobile home park. This district is for the exclusive use and development of mobile home parks.
   8. C-1 Neighborhood commercial. This district is found near established and developing residential areas and is intended to accommodate low intensity commercial activities that serve the nearby residential area. Development standards ensure the compatibility of this district to those residential districts that may adjoin.
   9. C-2 General commercial. This district is primarily intended to accommodate high-traffic businesses that focus on vehicle traffic. Where this district abuts a residential district, appropriate screening and landscaping will be provided to lessen associated impacts. Current residential uses are not considered nonconforming. As such, current residential uses existing at the time this Title was adopted are allowed to expand or to be re-established, if damaged.
   10. C-3 Highway commercial. This district is intended to accommodate those commercial activities that primarily cater to those traveling on the interstate. As such, this district is only found at interchanges.
   11. C-4 Central business core. This district is intended to accommodate and create a high level of business and social activity from morning through the nighttime hours. This district hosts a wide range of employment and businesses. Retail operations and specialty stores are common on the street level along with professional offices. Residential uses can occur in this district primarily on the upper levels of buildings. Entertainment occurs in this district and helps to create a destination. Sidewalk cafes and food vendors are common during the warmer months of the year. Off-street parking is available, but occurs primarily in multi-level parking garages and on-street parking. Civic buildings help to build a critical mass of activity.
   12. C-5 Central business periphery. This district is generally found around the core of the downtown. It is intended to serve as a buffer between the downtown area and the surrounding residential districts. Although commercial uses are allowed in this district, they are typically businesses with lower levels of traffic compared to those found in the downtown area. Buildings are smaller in this district to create a physical transition in building bulk from predominant residential uses and the intensely developed downtown area. Buildings have setbacks and landscaping requirements. Exterior storage or display is not allowed.
   13. M-1 Mixed-use. The mixed-use district is intended to allow a balanced and harmonious mixture of commercial, residential, institutional uses, and public spaces. Employment opportunities are near a variety of living options. A mix of uses could occur within the same building or in separate buildings in close proximity to one another. The transportation system and buildings are designed with pedestrians in mind.
   14. M-2 Mixed-use transitional. This district is intended to promote a transition over time to a predominately mixed-use land use pattern. Because of changing economic conditions and other factors, some current uses do not represent the highest and best use, given other more suitable areas. Current industrial uses and warehouses are not considered nonconforming. As such, current industrial uses and warehouses existing at the time this Title was adopted are allowed to expand or to be re-established, if damaged, provided development and appearance standards under the purview of the Design Review Board are met. (See Chapter 28, Section 17.28.050.) Uses characteristic of this district are the same as those found in the previously described M-1 District.
   15. PLI Public lands and institutional. This district is intended to include areas of significant public lands including public schools and significant public and quasi-public institutional uses or facilities.
   16. POS Parks and open space. This district is intended to include lands that are undeveloped and unimproved, or are public parks or recreational areas.
   17. PUD Planned unit development. A planned unit development district is a special type of zoning district that is proposed by the developer to account for a desired mix of uses. Each district is unique and therefore has its own set of development standards which are documented in the approval. (Ord. 2950, 2007)
   18. GFIA Great Falls International Airport. This district is intended to include all lands associated with the Great Falls International Airport including support uses and activities.
   19. I-1 Light industrial. This district is intended to accommodate those types of activities typically associated with manufacturing of finished products, storage, and wholesale operations.
   20. I-2 Heavy industrial. This district is intended to accommodate those activities associated with processing raw materials or other activities with potentially significant off-site impacts. Typically, the uses found in this district are not compatible with most types of non-industrial uses.
2. Overlay districts. In addition to the base districts enumerated above, the City is also divided into the following overlay districts as shown on the official zoning map to account for unique conditions or requirements as further described in subsequent chapters:
   1. Neighborhood conservation overlay districts. This overlay district is intended to protect characteristics typically found in older neighborhoods. Design standards help to perpetuate the best features of the neighborhood as buildings are renovated, maintained, and potentially redeveloped. The provisions relating to this overlay district are contained in Chapter 58 of this Title.
   2. Great Falls International Airport overlay districts. Overlay districts are established around the Great Falls International Airport to limit the height of buildings and other obstructions near the airport. Noise zones are also established around Great Falls International Airport to ensure that land uses are compatible with the continued functioning of the airport with special consideration on noise compatibility. The provisions relating to these overlay districts are contained in Chapter 54 of this Title.
   3. Floodplain overlay districts. The floodplain overlay districts are based on flood studies conducted in the City and on approved floodplain maps. Each of the districts has unique development standards based on flooding characteristics. The provisions relating to these overlay districts are contained in Chapter 56 of this Title.
3. Unincorporated land. Within the perimeter of the City limits there are a number of parcels that are not under the jurisdiction of the City. These are noted on the zoning map as “U”.
4. Malmstrom Air Force Base. If property is sold or leased to a non-federal entity, the property may not be used for another use until such time the City Commission has assigned the property an appropriate zoning classification.

17.20.2.050 Airport related zoning map

The map of all airport related zoning shall be filed with the County Clerk and Recorder and the City Clerk. (See: 67-4-201(2), MCA)

17.20.3.010 Allowable uses within zoning districts

For the purposes of this Title, land uses are categorized as principal, accessory, and temporary. The land uses that are allowable in one or more districts are defined in Chapter 8 of this Title. Exhibit 20-1 through 20-3 lists the uses as allowed in one or more base zoning districts. The coding system, as described below, is used to identify the appropriateness of the land uses in each of the various base districts and the type of review if allowed.

"P"  indicates that the use is permitted in the district by right, provided that all other provisions of this Title are met. These uses do not undergo public review, but are reviewed at the administrative level to ensure compliance.
"-"  indicates that the use is not permitted in the district.
"C"  indicates that the use is permitted in the district as a conditional use.

17.20.3.020 Similarity of uses

Because the list of uses cannot include every conceivable type of activity, those uses that are listed shall be interpreted to include other uses that are of a similar nature and have similar impacts to the listed use.

17.20.3.030 Uses not listed

Those uses not listed, and which cannot be interpreted to be similar to any listed use, as provided for above, shall be prohibited.

17.20.3.040 Project classified in more than one land use category

In the event that the proposed project includes more than one land use category, the following rules shall apply:

1. Prohibited and allowable uses in project. If a proposed project includes both an allowable use(s) and a prohibited use(s), the prohibited portion of the project may not occur in the district.
2. More than one review type or development standard in project. If a proposed project includes more than one use, with different levels of approval, the strictest of the approval procedures shall apply to the whole project.

17.20.3.050 Relationship of a principal use to an accessory use

Before an accessory use may be established, the premises shall host a principal use.

17.20.3.060 Certain land uses shown as permitted may be a conditional use

A permitted land use (as shown in Exhibit 20-1, 20-2, 20-3) that emits air contaminants or potentially offensive odors outside of the building, or that handles radioactive materials, hazardous substances, hazardous waste, or regulated substances shall be considered a conditional use in every circumstance.

Exhibit 20-1. Principal uses by district

Agricultural Uses	R-1	R-2	R-3	R-5	R-6	R-9	R-10	C-1	C-2	C-3	C-4	C-5	M-1	M-2	PLI	POS	GFIA	I-1	I-2	Special Standards
Agriculture, horticulture, nursery	P	-	-	-	-	-	-	-	-	-	-	-	-	-	-	-	P	P	P	17.20.6.005
Residential Uses
Mobile home/park	-	-	-	-	-	-	P	-	-	-	-	-	-	-	-	-	-	-	-	17.20.6.010
Residence, single-family detached	P	P	P	P	P	P	-	P	-	-	-	P	P	P	-	-	-	-	-
Residence, zero lot line	-	-	P	P	P	P	-	P	-	-	-	P	P	P	-	-	-	-	-	17.20.6.020
Residence, two-family	-	C	C	P	P	C	-	P	-	-	-	P	P	P	-	-	-	-	-	17.20.6.030
Residence, multi-family	-	-	-	P	P	C	-	P	-	-	P	P	P	P	-	-	-	-	-	17.20.6.040
Residence, condominiums	-	-	-	P	P	C	-	P	-	-	P	P	P	P	-	-	-	-	-	17.20.6.040
Residence, townhouse	-	C	C	P	P	C	-	-	-	-	-	P	P	P	-	-	-	-	-	17.20.6.050
Residence, manufactured/factory-built	P	P	P	P	P	P	-	P	-	-	-	P	P	P	-	-	-	-	-	17.20.6.060
Retirement home	-	C	C	P	P	C	-	P	-	-	P	P	P	P	-	-	-	-	-
Special Care Facilities
Community residential facility, type I	P	P	P	P	P	P	-	-	-	-	-	P	P	P	-	-	-	-	-
Community residential facility, type II	C	C	C	C	C	C	-	-	-	-	-	-	P	P	-	-	-	-	-
Day care center	C	C	C	C	C	C	-	P	P	-	P	P	P	P	P	-	-	-	-
Emergency shelter	-	-	-	-	-	-	-	C	C	C	C	C	C	C	C	-	-	-	-
Family day care home	P	P	P	P	P	P	-	P	-	-	C	P	P	P	-	-	-	-	-
Group day care home	P	P	P	P	P	P	-	P	-	-	C	P	P	P	-	-	-	-	-
Nursing home	-	-	C	C	C	C	-	P	C	-	P	P	P	P	P	-	-	-	-
Overnight Accommodations
Campground	-	-	-	-	-	-	-	-	C	P	-	-	-	-	-	-	P	-	-	17.20.6.070
Hotel/motel	-	-	-	-	-	-	-	P	P	P	P	C	P	P	-	-	P	-	-
Food and Beverage Sales
Micro-brewery	-	-	-	-	-	-	-	-	P	-	P	C	C	C	-	-	P	P	-
Restaurant	-	-	-	-	-	-	-	P	P	P	P	P	P	P	-	-	P	P	-
Tavern	-	-	-	-	-	-	-	P	P	P	P	C	C	C	-	-	P	P	-	17.20.6.080
General Sales
Agriculture sales	-	-	-	-	-	-	-	-	-	-	-	-	-	-	-	-	P	P	P
Auction sales	-	-	-	-	-	-	-	-	C	-	-	-	-	-	-	-	P	P	P
Construction materials sales	-	-	-	-	-	-	-	-	P	P	-	-	-	-	-	-	P	P	P
Convenience sales	C	-	-	-	-	-	-	P	P	P	P	C	-	-	-	-	P	P	P
General sales	-	-	-	-	-	-	-	P	P	P	P	P	P	P	-	-	P	P	P
Manufactured housing sales	-	-	-	-	-	-	-	-	-	-	-	-	-	-	-	-	P	P	P
Off-site liquor sales	-	-	-	-	-	-	-	P	P	P	P	C	C	C	-	-	P	P	P
Secondhand sales	-	-	-	-	-	-	-	P	P	-	-	-	-	-	-	-	P	P	P
Shopping center	-	-	-	-	-	-	-	C	P	-	-	-	-	-	-	-	P	P	P
Specialty sales	-	-	-	-	-	-	-	P	P	P	P	P	P	P	-	-	P	-	-
General Services
Administrative services	-	-	-	-	-	-	-	P	P	P	P	P	P	P	C	-	P	-	-
Commercial kennel	-	-	-	-	-	-	-	-	P	P	-	-	-	-	-	-	P	P	-	17.20.6.090
Financial services	-	-	-	-	-	-	-	P	P	-	P	P	P	P	-	-	P	-	-
Funeral home	-	-	-	-	-	-	-	p	p	-	P	C	P	P	-	-	-	-	-
General services	-	-	-	-	-	-	-	P	P	P	P	P	P	P	-	-	P	P	P
Professional services	-	-	-	-	C	C	-	P	P	-	P	P	P	P	-	-	P	-	-
Sexually-oriented business	-	-	-	-	-	-	-	-	-	-	-	-	-	-	-	-	-	P	P	17.20.6.100
Veterinary clinic, large animal	-	-	-	-	-	-	-	-	C	-	-	-	-	-	-	-	P	P	P
Veterinary clinic, small animal	-	-	-	-	-	-	-	C	P	-	-	-	P	P	-	-	P	P	P	17.20.6.110

continued

Exhibit 20-1. Principal uses by district - continued

Rental and General Repair	R-1	R-2	R-3	R-5	R-6	R-9	R-10	C-1	C-2	C-3	C-4	C-5	M-1	M-2	PLI	POS	GFIA	I-1	I-2	Special Standards
Large equipment rental	-	-	-	-	-	-	-	-	C	C	-	-	-	-	-	-	P	P	P
Small equipment rental	-	-	-	-	-	-	-	-	P	-	P	-	-	-	-	-	P	P	P
General repair	-	-	-	-	-	-	-	P	P	-	P	P	-	-	-	-	P	P	P
Vehicle Trade and Service
Vehicle fuel sales	-	-	-	-	-	-	-	C	P	P	P	P	-	-	-	-	P	P	-
Vehicle repair	-	-	-	-	-	-	-	-	P	P	C	P	-	-	-	-	P	P	-	17.20.6.120
Vehicle sales and rental	-	-	-	-	-	-	-	-	P	P	P	P	-	-	-	-	P	P	-
Vehicle services	-	-	-	-	-	-	-	C	P	P	P	P	C	P	-	-	P	P	-	17.20.6.030
General Storage
Agricultural commodity storage facility	-	-	-	-	-	-	-	-	-	-	-	-	-	-	-	-	P	P	P
Fuel tank farm	-	-	-	-	-	-	-	-	-	-	-	-	-	-	-	-	P	-	P
Mini-storage facility	-	-	-	-	-	-	-	-	-	C	-	-	-	C	-	-	P	P	P	17.20.6.130
Freight terminal	-	-	-	-	-	-	-	-	-	C	-	-	-	-	-	-	P	P	P
Warehouse	-	-	-	-	-	-	-	-	-	C	-	-	-	C	-	-	P	P	P
Indoor Recreation / Sports / Entertainment
Casino, type I	-	-	-	-	-	-	-	-	P	-	P	-	-	-	-	-	P	P	P	17.20.6.140
Casino, type II	-	-	-	-	-	-	-	-	-	-	P	-	-	-	-	-	-	P	P	17.20.6.150
Indoor entertainment	-	-	-	-	-	-	-	-	P	-	P	C	C	C	C	-	P	-	-
Indoor sports and recreation	-	-	-	-	-	-	-	-	P	-	P	C	C	C	C	C	P	P	-
Outdoor Recreation / Sports / Entertainment
Golf course / driving range	C	C	C	C	C	-	-	-	-	-	-	-	-	-	-	P	P	-	-
Miniature golf	-	-	-	-	-	-	-	-	P	C	-	-	-	C	-	-	P	C	-
Outdoor entertainment	-	-	-	-	-	-	-	-	-	-	-	-	-	-	C	C	P	C	-
Park	P	P	P	P	P	P	P	P	P	P	P	P	P	P	P	P	P	P	P
Recreational trail	P	P	P	P	P	P	P	P	P	P	P	P	P	P	P	P	P	P	P
Community Services / Uses
Administrative governmental center	-	-	-	-	-	-	-	P	P	P	P	P	P	P	P	C	P	-	-
Animal shelter	-	-	-	-	-	-	-	-	C	C	-	-	C	C	C	-	P	P	-	17.20.6.160
Cemetery	C	C	C	C	C	C	C	-	-	-	-	-	-	-	P	P	P	-	-	17.20.6.170
Civic use facility	C	C	C	C	C	C	C	-	P	-	P	P	P	P	P	C	-	-	-
Community center	C	C	C	C	C	C	C	C	P	-	P	P	P	P	P	C	-	-	-
Community cultural facility	C	C	C	C	C	C	C	P	P	-	P	P	P	P	P	C	-	-	-
Community garden	P	C	C	C	C	C	C	-	-	-	-	-	P	P	P	P	P	C	C
Public safety facility	C	C	C	C	C	C	C	C	P	C	P	P	P	P	P	-	P	P	-
Worship facility	C	C	C	C	C	C	C	P	-	-	C	P	P	P	-	-	P	-	-	17.20.6.180
Health Care
Health care clinic	-	-	-	-	-	-	-	P	P	-	P	P	P	P	P	-	-	-	-
Health care facility	-	-	-	-	-	-	-	-	P	-	P	P	C	C	P	-	-	-	-
Health care sales and services	-	-	-	-	-	-	-	P	P	-	P	P	P	P	P	-	-	-	-
Education
Commercial education facility	-	-	-	-	-	-	-	p	p	-	p	p	p	p	-	-	p	p	-
Educational facility (K-12)	C	C	C	C	C	C	C	C	-	-	-	C	C	C	P	-	-	-	-	17.20.6.200
Educational facility (higher education)	-	-	-	-	-	-	-	C	C	-	-	C	C	C	P	-	P	-	-
Instructional facility	-	-	-	-	-	-	-	P	P	-	P	P	P	P	-	-	P	P	-

continued

Exhibit 20-1. Principal uses by district - continued

Solid Waste, Recycling And Composting	R-1	R-2	R-3	R-5	R-6	R-9	R-10	C-1	C-2	C-3	C-4	C-5	M-1	M-2	PLI	POS	GFIA	I-1	I-2	Special Standards
Composting facility	-	-	-	-	-	-	-	-	-	-	-	-	-	-	-	-	P	C	P	17.20.6.210
Recycling center	-	-	-	-	-	-	-	-	-	-	-	-	-	-	-	-	P	C	P	17.20.6.220
Solid waste transfer station	-	-	-	-	-	-	-	-	-	-	-	-	-	-	-	-	P	C	P	17.20.6.230
Telecommunications
Amateur radio station	P	P	P	P	P	P	P	-	-	-	-	-	-	-	-	-	-	-	-	17.20.6.240
Telecommunication facility																				17.20.6.250
Concealed facility	C	C	C	C	C	C	C	P	P	P	P	C	P	P	P	C	P	P	P
Unconcealed facility	-	-	-	-	-	-	-	C	C	C	C	C	C	C	C	C	P	P	P
Co-located facility	-	-	-	-	-	-	-	P	P	P	P	C	C	C	C	C	P	P	P
Utilities
Utility installation	C	C	C	C	C	C	C	C	C	C	C	C	C	C	C	C	P	C	P
Transportation
Airport	-	-	-	-	-	-	-	-	-	-	-	-	-	-	-	-	P	-	-
Bus transit terminal	-	-	-	-	-	-	-	-	P	P	P	-	C	C	C	-	P	P	-
Heli-pad	-	-	-	-	-	-	-	-	C	C	C	C	C	C	C	C	P	P	P	17.20.6.260
Parking lot, principal use	-	-	-	-	-	-	-	P	P	P	P	P	P	P	P	P	P	P	P
Parking structure	-	-	-	-	-	-	-	-	P	-	P	P	P	P	P	-	P	P	P
Railroad yard	-	-	-	-	-	-	-	-	-	-	-	-	-	-	-	-	P	P	P
Taxi cab dispatch terminal	-	-	-	-	-	-	-	-	P	P	P	-	P	P	-	-	P	P	-
Contractor Yards
Contractor yard, type I	C	-	-	-	-	-	-	-	C	-	-	-	P	P	-	-	P	P	-	17.20.6.270
Contractor yard, type II	-	-	-	-	-	-	-	-	-	-	-	-	C	C	-	-	P	P	P	17.20.6.280
Industrial / Manufacturing
Artisan shop	-	-	-	-	-	-	-	P	P	P	P	P	P	P	-	-	P	P	-
Industrial, heavy	-	-	-	-	-	-	-	-	-	-	-	-	-	-	-	-	P	-	P
Industrial, light	-	-	-	-	-	-	-	-	-	-	-	-	-	-	-	-	P	P	P
Industrial park	-	-	-	-	-	-	-	-	-	-	-	-	-	-	-	-	P	P	P
Junkyard	-	-	-	-	-	-	-	-	-	-	-	-	-	-	-	-	P	C	P	17.20.6.290
Light manufacturing and assembly	-	-	-	-	-	-	-	-	P	P	P	P	P	P	-	-	P	P	P	17.20.6.300
Motor vehicle graveyard	-	-	-	-	-	-	-	-	-	-	-	-	-	-	-	-	-	-	P	17.20.6.310
Motor vehicle wrecking facility	-	-	-	-	-	-	-	-	-	-	-	-	-	-	-	-	-	-	P	17.20.6.320

-   The use is not permitted in the district
C  The use is allowed through the conditional use process
P  The use is permitted in the district by right, consistent with the development standards contained in Article 6 of this chapter, as appropriate

 

Exhibit 20-2. Accessory uses by district

Use	R-1	R-2	R-3	R-5	R-6	R-9	R-10	C-1	C-2	C-3	C-4	C-5	M-1	M-2	PLI	POS	GFIA	I-1	I-2	Special Standards
Agriculture, livestock	P	-	-	-	-	-	-	-	-	-	-	-	-	-	-	-	P	-	-	17.20.7.010
ATM, exterior	-	-	-	-	-	-	-	P	P	P	P	P	P	P	P	-	P	P	P	17.20.7.020
Bed and breakfast	C	C	C	C	C	C	-	C	-	-	-	P	P	P	-	-	-	-	-	17.20.7.030
Fences	P	P	P	P	P	P	P	P	P	P	P	P	P	P	P	P	P	P	P	17.20.7.040
Gaming, accessory	-	-	-	-	-	-	-	-	P	P	P	-	-	P	-	-	P	P	P	17.20.7.050
Garage, private	P	P	P	P	P	P	P	P	P	P	P	P	P	P	P	-	P	P	P	17.20.7.060
Home occupation	P	P	P	P	P	P	P	P	P	P	P	P	P	P	P	-	-	P	P	17.20.7.070
Private stable/barn	P	-	-	-	-	-	-	-	-	-	-	-	-	-	-	-	-	-	-	17.20.7.080
Residence, accessory	-	-	-	-	-	-	-	P	P	P	P	P	P	P	-	-	P	P	P	17.20.7.085
Roadside farmer’s market	P	-	-	-	-	-	-	-	-	-	-	-	-	-	-	-	-	-	-	17.20.7.090
Storage containers	-	-	-	-	-	-	-	-	P	P	-	-	-	-	-	-	P	P	P	17.20.7.100

-   The use is not permitted in the district
C  The use is allowed through the conditional use process
P  The use is permitted in the district by right, consistent with the development standards contained in Article 7 of this chapter, as appropriate

 

Exhibit 20-3. Temporary uses by district (see 17.20.8.010 for Special Standards)

Use	R-1	R-2	R-3	R-5	R-6	R-9	R-10	C-1	C-2	C-3	C-4	C-5	M-1	M-2	PLI	POS	GFIA	I-1	I-2	Special Standards
Garage sales	P	P	P	P	P	P	P	P	P	P	P	P	P	P	P	-	-	P	P	17.20.8.015
Itinerant outdoor sales	-	-	-	-	-	-	-	-	P	P	-	-	-	P	-	-	C	C	-	17.20.8.020
On-site construction office	P	P	P	P	P	P	P	P	P	P	P	P	P	P	P	P	P	P	P	17.20.8.030
On-site real estate sales office	P	P	P	P	P	P	-	-	-	-	-	-	P	P	-	-	-	-	-	17.20.8.040
Outdoor entertainment, temporary	-	-	-	-	-	-	-	-	P	P	-	-	-	-	P	P	P	P	P
Sidewalk café	-	-	-	-	-	-	-	P	P	-	P	P	P	P	P	P	-	-	-	17.20.8.050
Sidewalk food vendor	-	-	-	-	-	-	-	-	P	-	P	P	P	P	P	P	-	-	-	17.20.8.060

-   The use is not permitted in the district
C  The use is allowed through the conditional use process
P  The use is permitted in the district by right, consistent with the development standards contained in Article 8 of this chapter, as appropriate

 

17.20.4.010 Generally

Lots and buildings shall conform to the dimensional standards specified in Exhibit 20-4 ( 28k PDF).

17.20.4.020 Exceptions

The following are exemptions to the standards:

1. The requirements for the rear yard on through lots do not apply when the area of such required rear yard is provided elsewhere on the lot.
2. Every part of a required yard shall be open from its lowest points to the sky unobstructed, except for the projections of sills, belt courses, cornices, and ornamental features not to exceed 4 inches.
3. Open or lattice enclosed fire escapes, fireproof outside stairways, and solid floored balconies opening upon fire towers, projecting into a yard not more than 5 feet or into a court not more than 3½ feet and the ordinary projections of chimneys and flues shall be permitted where the same are so placed as not to obstruct the light and ventilation.
4. An unenclosed front porch on a single family residence may extend into the front yard setback up to 9 feet, provided the porch does not occupy more than 60 percent of the width of the main part of the house.
5. Steps and eaves are allowed to encroach into the front and side yard setbacks.

17.20.5.010 Business licenses and safety inspection certificates

In addition to meeting the requirements contained in this chapter, specified land uses and activities shall also meet the regulations for business licenses and safety inspection certificates found primarily in Title 5. Examples of such businesses and activities include, but are not limited to, the following:

1. emergency medical services
2. alarm agencies
3. commercial kennels
4. home occupations
5. sexually-oriented businesses
6. pawnshops
7. sidewalk cafes
8. second hand stores
9. mobile home parks
10. telecommunication facilities
11. bed and breakfasts

17.20.5.020 Cart returns

1. Applicability. Each retail project that provides on-site parking in excess of 100 vehicle parking spaces shall provide shopping cart returns as provided in this section.
2. Number. A least one cart return shall be provided for each 100 parking spaces.
3. Specifications. The cart return shall be at least 170 square feet in area and be constructed of durable materials that are compatible with the building and outdoor lighting standards.
4. Placement. No cart return shall be located within 25 feet of the building entrance, unless there is no other practicable location.

17.20.5.030 Outdoor speakers

Sound emanating from an outdoor speaker associated with any non-residential establishment shall not be audible from a lot in a residential zoning district.

17.20.5.040 Large format retail stores

1. Legislative findings. The City Commission makes the following findings:
   1. Abandoned buildings are a blighting influence on the community and large vacant stores are especially detrimental.
   2. Large retail buildings may be inconsistent with the existing community character and the immediate area.
   3. A diverse retail economy is desirable in that it provides consumer choice and fosters competition.
2. Purpose. The provisions of this section are intended to accomplish the following purposes:
   1. ensure that large retail projects are consistent with the community character and the surrounding area
   2. ensure that large retail stores contribute to a diverse and sound economic base
   3. prevent urban blight due to vacant retail stores
3. Applicability. This section applies to (1) a single building in excess of 60,000 square feet that houses one tenant and (2) a single building in excess of 60,000 square feet that houses multiple tenants and where the primary retail occupant occupies 70 percent or more of the floor area. When an existing store expands its floor area and exceeds that threshold, the provisions of this section apply.
4. Conditional use. Large format retail stores shall be subject to the conditional use process.
5. Development agreement.Prior to issuance of a building permit, the property owner shall enter into a developer’s agreement with the City, to run with the land, that includes the following:
   1. a provision that prevents the property owner from prohibiting or otherwise limiting, through contract or other legal device, the reuse of the building for retail or other legitimate purposes
   2. a provision requiring long-term maintenance of the development if the building is vacated
   3. a provision requiring the preparation of an adaptive reuse plan or a demolition plan acceptable to the City
   4. other provisions deemed necessary by the City to address the particular circumstances related to the project
6. Vacation of existing buildings. When a large format store is proposed as a replacement for a business already located in the City, the property owner shall not prohibit or otherwise limit, through contract or other legal device, the reuse of its former building.
7. Special landscaping. Large format retail stores must comply with all applicable landscaping requirements in Chapter 44 Landscaping. However, the minimum square footage of interior landscaping, inclusive of landscaping in vehicular use areas and foundation planting areas, shall be 20% of the gross property area to be developed.

17.20.6.005 Agricultural, horticulture, nursery

The production or growing of agricultural, horticultural or nursery products is permitted in the R-1, I-1, and I-2 zoning districts. The sale of such products is only permitted in zoning districts allowing such sales. (Ord. 2950, 2007)

17.20.6.010 Mobile home park

1. Generally. In addition to the other applicable design and improvement requirements contained in this Title, mobile home parks shall comply with the provisions of this part and applicable State law.
2. Applicability. The design standards of this section shall apply during the establishment of new mobile home parks. (Ord. 2950, 2007)
3. Licensing requirements. The mobile home park shall be licensed by the Montana Department of Public Health and Human Services consistent with State law.
4. Maintenance responsibility. The owner of the mobile home park shall maintain the park in a clean and sanitary manner and may adopt and enforce community rules.
5. Adoption of State regulations. The City adopts by reference the Montana State Department of Public Health and Human Services regulations titled, “Trailer Courts and Tourist Campgrounds”, Administrative Rules of Montana, Title 37, Chapter 111, Sub-Chapter 2. A copy of the above regulation will be filed with the City Clerk as the official code for travel trailer parks, campgrounds and mobile home parks.
6. Permitted uses. Accessory buildings and uses customarily incidental thereto are permitted. No part of any park shall be used for nonresidential purposes, except such uses that are a direct service and for the well-being of the park residents, and for management and maintenance of the park.
7. License required. Prior to the establishment of a mobile home park and before January 2 of each calendar year thereafter, the operator of the mobile home park shall obtain a license from the City.
8. Size. No mobile home park shall be less than one acre in area, be less than 150 feet wide, or fewer than 10 mobile home sites.
9. Density. The maximum density of mobile home parks shall be not more than 10 units per acre.
10. Access. All mobile home parks shall have access to a public thoroughfare.
11. Permanent marking of each mobile home space. The limits of each mobile home space shall be clearly marked on the ground with permanent markers. The location of mobile home spaces shall be approximately the same as shown on the approved site plan.
12. Width of mobile home space. A mobile home space shall be at least 14 feet wide.
13. Shape of mobile home space. Considering the orientation of principal windows in mobile homes, mobile home spaces should be arranged diagonally to the street (30 degrees from perpendicular).
14. Access. Mobile home spaces shall be arranged to permit the safe and practical placement and removal of mobile homes from a private street internal to the development.
15. Mobile home pad. There shall be a mobile home pad for each mobile home that meets the following requirements:
    1. The size of the pad shall be at least 14 feet wide and at least 70 feet long.
    2. The pad shall provide adequate support for the placement of a mobile home but in no case shall the pad consist of less than 6 inches of crushed gravel over a stabilized base.

16. Setbacks. The placement of mobile homes, including attached structures (e.g., awnings and carports) and accessory structures shall meet the dimensions listed in Exhibit 20-5.

    Exhibit 20-5. Setbacks for Mobile Homes and Accessory Structures

    	Mobile Home (feet)	Accessory Structure (feet)
    From the property line of an arterial street or higher	50	25
    From the property line of a collector street or local street	25	25
    From a property boundary line when not a ROW	25	10
    Between mobile homes	20	n/a

     

17. Skirting. Skirting, footings, and piers shall comply with Title 15, Chapter 15.05, OCCGF. Each mobile home shall be skirted within 30 days of placement on the pad.
18. Streets. Street widths should be of adequate widths to accommodate expected traffic load, but in all cases shall meet the following minimum requirements:
    1. Collector street with guest parking shall be 34 feet wide.
    2. Collector street with no parking shall be 22 feet wide.
    3. Minor street with no parking shall be 20 feet wide.
    4. All d