diff --git a/chapter-153-zoning.md b/chapter-153-zoning.md index 40112b9..dbd023f 100644 --- a/chapter-153-zoning.md +++ b/chapter-153-zoning.md @@ -23,19 +23,19 @@ CHAPTER 153: ZONING](https://choteau.municipalcodeonline.com/book?type=ordinance [153.01 Title](https://choteau.municipalcodeonline.com/book?type=ordinances#name=153.01_Title) -The regulations, standards, and procedures contained herein shall be known as the Zoning of the City of Choteau, Montana, and may be commonly referred to as zoning regulations or Zoning Code. These regulations constitute one component of the city-wide land development regulations that includes the official zoning map, subdivision regulations, and adopted city building codes. +The regulations, standards, and procedures contained herein shall be known as the Zoning of the City of Choteau, Montana, and may be commonly referred to as zoning regulations or Zoning Code or Code. These regulations constitute one component of the city-wide land development regulations that includes the official zoning map, subdivision regulations, and adopted city building codes. (Prior Code, § 9-1-1) (Ord. 304, passed 4-10-2012) [153.02 Purpose](https://choteau.municipalcodeonline.com/book?type=ordinances#name=153.02_Purpose) -1. The primary purpose of these regulations is to promote the public health, safety, and general welfare through implementing the city growth policy. +1. The primary purpose of these regulations is to promote the public health, safety, and general welfare through the implementation of the City Growth Policy. 2. Other purposes of the Zoning Code are: 1. To promote orderly and efficient growth and development; 2. Provide for a strong and diversified economy; 3. Protect public and private investment, and to provide a high degree of predictability and assurance to those wishing to invest in the community; - 4. To preserve and enhance community/neighborhood scale and character as and where recommended in the growth policy; - 5. Provide for efficient and cost effective community services and facilities; and + 4. To preserve and enhance community/neighborhood scale and character as and were recommended in the growth policy; + 5. Provide for efficient and cost-effective community services and facilities; and 6. Establish fair, effective, and efficient development review and decision-making processes and procedures that provide procedural due process for applicants and the general public. (Prior Code, § 9-1-2) (Ord. 304, passed 4-10-2012) @@ -51,22 +51,24 @@ In the state, statutory authority for cities and towns to enact and administer z 1. _Interpretation of commonly used terms and words_. 1. Words used in the present tense include the future tense. 2. Words used in the singular include the plural, and words used in the plural include the singular, unless the natural construction of the wording indicates otherwise. - 3. The words “used for” shall include the meaning and application of “designed for”. + 3. The words “used for” shall include the meaning and application of “designed for." 4. The word “shall” is always mandatory. 5. The word “encouraged” is directory, and is used to express an intent, although not necessarily a requirement. 6. Where there appears to be a conflict between the content of the text of these regulations and any definition provided in this chapter, the text shall take precedent. 7. Should any question of definition arise for a term not listed in this chapter or not defined elsewhere in these regulations, the Zoning Administrator, may, at his or her discretion, research the term and provide a definition for general use in administering and interpreting these regulations. 2. _Definitions_. For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning. - + + ABATEMENT. the termination of a zoning violation by reasonable and lawful means in order that a building, structure, premises, land, or portion thereof shall be made to comply with this code. + ACCESS. The legal means of approach to provide vehicular and/or pedestrian physical entrance to a property. ACCESS, SHARED. The joint and cooperative use of an access point and/or facility (such as a driveway) by two or more entities. ACCESSORY. Customarily associated with and incidental and subordinate to. - ACCESSORY BUILDING. A building that is detached from the principal building on the same lot, and is customarily incidental and subordinate to the principal building and/or use of the property. Examples of ACCESSORY BUILDINGS include detached garages, storage/tool sheds, and material, supply, and merchandise storage structures on commercial and industrial property. Includes the term “accessory structure”. + ACCESSORY BUILDING. A building that is detached from the principal building on the same lot and is customarily incidental and subordinate to the principal building and/or use of the property. Examples of ACCESSORY BUILDINGS include detached garages, storage/tool sheds, and material, supply, and merchandise storage structures on commercial and industrial property. Includes the term “accessory structure”. - ACCESSORY RESIDENTIAL UNIT (ARU). An independent and separate dwelling unit that is subordinate to a primary residential use of a property. Includes the terms “accessory apartment”, “garage apartment”, “granny flat”, and “mother-in-law apartment”. + ACCESSORY RESIDENTIAL UNIT (ARU). An independent and separate dwelling unit that is subordinate to a primary residential use of a property. Includes the terms “accessory apartment”, “garage apartment,” “granny flat,” and “mother-in-law apartment”. ACCESSORY USE. A use of land or of a building or portion thereof that is customarily incidental and subordinate in area, extent, or purpose to the principal use, and is located on the same lot as the principal use. @@ -86,10 +88,12 @@ In the state, statutory authority for cities and towns to enact and administer z BUILDING HEIGHT. See HEIGHT, STRUCTURAL. - BUILDING PERMIT. A permit issued by the city and/or the State Department of Labor and Industries verifying that the project described in said permit meets all standards and requirements of the applicable international codes. Includes the terms “electrical permit”, “plumbing permit”, and “mechanical permit”. + BUILDING PERMIT. A permit issued by the city and/or the State Department of Labor and Industries verifying that the project described in said permit meets all standards and requirements of the applicable international codes. Includes the terms “electrical permit,” “plumbing permit,” and “mechanical permit”. CASINO. An establishment or any portion of an establishment that offers live and/or machine gambling to patrons. Includes the term “gambling enterprise” as defined in MCA § 23-5-112(16). - + + CERTIFICATE OF COMPLIANCE. A written certification issued by the Zoning Administrator that demonstrates to ensure that all work described on an approved zoning permit has been completed, or as applicable, a surety for performance has been provided. + CHARACTER. Special physical features, characteristics, or scale of a structure or area that set it apart from its surroundings and contribute to its interest and/or individuality. CHILD. A person under 13 years of age or a person with special needs, as defined by the Department of Public Health and Human Services, who is under 18 years of age or is 18 years of age and a full-time student expected to complete an educational program by 19 years of age. @@ -106,7 +110,7 @@ In the state, statutory authority for cities and towns to enact and administer z 4. A licensed adult foster family care home; or 5. An assisted living facility licensed under MCA § 50-5-227. - CONDITIONAL USE. A use of land or structures allowed within a zoning district provided that the conditions specified in the district regulations for the use are met. A use of land or structures is not a CONDITIONAL USE and cannot be permitted as a conditional use unless the use is specifically listed in the applicable zoning district. + CONDITIONAL USE. A use of land or structures allowed within a zoning district provided that the conditions specified in the district regulations for the use are met. This includes a LAWFUL SIMILAR USE. COTTAGE INDUSTRY. For purposes of these regulations, a cottage industry is a category of home-based business. (See § 153.53 of this chapter.) @@ -114,31 +118,35 @@ In the state, statutory authority for cities and towns to enact and administer z DAY CARE. Care for children provided by an adult, other than a parent of the children or other person living with the children as a parent, on a regular or irregular basis, as applicable, for daily periods of less than 24 hours, whether that care is for daytime or nighttime hours. Also includes the term CHILDCARE. - DAY CARE CENTER. An out of home place in which day care is provided to 13 or more children on a regular or irregular basis. + DAY CARE CENTER. An out of home place in which day care is provided to 13 or more children on a regular or irregular basis. + + DIMENSIONAL STANDARDS. Include building height, building setbacks from lot line or other buildings and minimum lots sizes. DAY CARE HOME. A home-based childcare facility licensed by the State Department of Health and Human Services and providing day care for not more than 12 children. This term includes “family day care home” and “group daycare home” as defined in MCA § 52-2-703. DINING AND DRINKING ESTABLISHMENT. Includes any type of restaurant, café, or coffee shop where patrons are served prepared food and/or beverages (including alcoholic beverages), for consumption on premises, for compensation. This term also includes the terms “bar”, “tavern”, “pub”, “public house”, “brew pub”, and “roadhouse”, and also includes “carry out” and “delivery” services for off-premises consumption of prepared foods. This term does not include “casinos”. - DRIVE-THROUGH FACILITIES. Site facilities and/or features that, by design, provide access to the site for customers to order, shop, make purchases, and/or generally conduct business while remaining in their motor vehicles. Includes the terms “drive-up facilities” and “drive-in facilities”. + DRIVE-THROUGH FACILITIES. Site facilities and/or features that, by design, provide access to the site for customers to order, shop, make purchases, and/or generally conduct business while remaining in their motor vehicles. Includes the terms “drive-up facilities” and “drive-in facilities.” + + DUPLEX. A house divided into two residential apartments, with a separate entrance for each. + + DUPLEX. A house divided into two residential apartments, with a separate entrance for each. DWELLING UNIT. One or more rooms, designed, occupied, or intended for occupancy as separate living quarters, with cooking, sleeping, and sanitary facilities provided within the unit for the exclusive use of a single family maintaining a household. - DWELLING UNIT, MULTI-FAMILY. A dwelling unit within a structure situated on a single lot and designed for and containing three or more separate dwelling units. This definition is inclusive of the terms “apartment”, “multi-family housing unit”, and “town home unit” when the town home structure contains three or more separate units. + DWELLING UNIT, MULTI-FAMILY. A dwelling unit within a structure situated on a single lot and designed for and containing three or more separate dwelling units. This definition is inclusive of the term's “apartment,” “multi-family housing unit”, and “town home unit” when the town home structure contains three or more separate units. - DWELLING UNIT, SINGLE-FAMILY DETACHED. A structure designed and intended for residential use, that contains one dwelling unit, and is not attached or physically connected to any other dwelling by any means (except for an ARU which may be allowed by this chapter), and is surrounded by open space or yards. + DWELLING UNIT, SINGLE-FAMILY DETACHED. A structure designed and intended for residential use, that contains one dwelling unit and is not attached or physically connected to any other dwelling by any means (except for an ARU which may be allowed by this chapter) and is surrounded by open space or yards. - DWELLING UNIT, TWO-FAMILY. A dwelling unit within a structure situated on a single lot and designed for and containing two separate and distinct dwelling units. This term includes the terms “duplex unit”, “twin home unit”, and “townhome unit” when the town home structure contains two dwelling units. + DWELLING UNIT, TWO-FAMILY. A dwelling unit within a structure situated on a single lot and designed for and containing two separate and distinct dwelling units. This term includes the terms “duplex unit,” “twin home unit”, and “townhome unit” when the town home structure contains two dwelling units. EXTRACTIVE INDUSTRIES. The business of removing minerals and other material from the ground; includes quarrying, the removal of sand, soil, stone, gravel, or clay, and all mining operations. FAMILY. An individual, or two or more persons related by blood, marriage, or adoption, or, five or fewer individuals who need not be so related, living together as a single housekeeping unit. - FINANCIAL INSTITUTION. An establishment duly licensed by the state and/or federal government to provide banking, saving, brokerage, safe deposit, and other types and combinations of consumer financial services. Does not include offices whose sole function is brokerage and/or financial planning services. + FINANCIAL INSTITUTION. An establishment duly licensed by the state and/or federal government to provide banking, saving, brokerage, safe deposit, and other types and combinations of consumer financial services. Does not include offices whose sole function is brokerage and/or financial planning services. - FLOOR AREA RATIO (FAR). Gross floor area divided by gross lot area. - - GRADE. Slope of the land, whether natural or human-made. Also, the percentage or ratio of rise or descent of a sloping surface. (Example: The grade of a street, or grade of a site or lot.) GRADE is measured as vertical rise (or descent) divided by a given horizontal distance. (Example: A lot on which the elevation rises ten feet from front to rear, and is 100 feet in depth, has a grade (or slope) of 10%; also expressed as a ratio of 1:10.) + GRADE. Slope of the land, whether natural or human made. Also, the percentage or ratio of rise or descent of a sloping surface. (Example: The grade of a street, or grade of a site or lot.) GRADE is measured as vertical rise (or descent) divided by a given horizontal distance. (Example: A lot on which the elevation rises ten feet from front to rear, and is 100 feet in depth, has a grade (or slope) of 10%; also expressed as a ratio of 1:10.) GRADE, FINISHED. The final elevation of the average ground level adjoining a structure at all exterior walls after development. Also refers to the state of the land after grading and/or filling is complete. @@ -146,15 +154,13 @@ In the state, statutory authority for cities and towns to enact and administer z GRADING. Any stripping, cutting, filling, or stockpiling of earth or land in order to alter natural or preexisting grades for any reason, including development. Vegetation removal without any alteration of the terrain is not considered GRADING for purposes of these regulations. - GROCERY STORE. Permanent business establishment selling prepared or unprepared and packaged food items and miscellaneous household items at retail. Term includes “food co-op”, but does not include temporary uses, such as farm stands, produce stands, or mobile food vendors. + GROCERY STORE. Permanent business establishment selling prepared or unprepared and packaged food items and miscellaneous household items at retail. Term includes “food co-op,” but does not include temporary uses, such as farm stands, produce stands, or mobile food vendors. - GROSS FLOOR AREA. The total floor area of a structure, including all hallways, stairs, restrooms, storage, lobbies, and other common areas. In residential situations, GROSS FLOOR AREA does not include basements that are totally below ground level and that do not have egress windows. - - GROUND COVER. Grasses and other low growing plants, intended primarily to stabilize the soil. Also includes grass or low growing plants as part of a landscape treatment. + GROSS FLOOR AREA. The total floor area of a structure, including all hallways, stairs, restrooms, storage, lobbies, and other common areas. In residential situations, GROSS FLOOR AREA does not include basements that are completely below ground level and that do not have egress windows. HEIGHT, STRUCTURAL. The mean linear distance from the ground level on finished grade at the midpoint and immediately adjacent to each of the walls of a structure to the highest point of the structure, not including antennas, chimneys, steeples, or roof-top mechanical devices. (See § 153.55 of this chapter.) - HOME-BASED BUSINESS. A business conducted from a residence and conducted primarily by the inhabitants thereof. (See § 153.53 of this chapter.) + HOME-BASED BUSINESS. A home-based business means an occupation, trade, profession or craft conducted entirely within a residential building and carried on by the inhabitants thereof, which use is clearly incidental and secondary to the residential use of the dwelling, and does not change the character thereof. (See § 153.53 of this chapter.) HOME OCCUPATION. For purposes of these regulations, a category of home business. (See § 153.53 of this chapter.) @@ -162,7 +168,7 @@ In the state, statutory authority for cities and towns to enact and administer z HOSPICE. A facility for the care of terminally ill persons. - HOTEL. A facility offering transient lodging accommodations to the general public, and which may include additional facilities and services, such as restaurants, meeting rooms, entertainment, personal services, and fitness/recreational facilities. Includes the term MOTEL, but does not include the terms BED AND BREAKFAST or TOURIST HOME. + HOTEL. A facility offering transient lodging accommodations to the general public, and which may include additional facilities and services, such as restaurants, meeting rooms, entertainment, personal services, and fitness/recreational facilities. Includes the term MOTEL but does not include the terms BED AND BREAKFAST or TOURIST HOME. JUNK. Any scrap, waste, reclaimable material, or debris, including vehicle parts, whether or not stored, for sale, or in the process of being dismantled, destroyed, processed, salvaged, stored, baled, disposed of, or for other use or disposition. @@ -181,8 +187,6 @@ In the state, statutory authority for cities and towns to enact and administer z 5. Proposed decorative features (if applicable); 6. Grading plan (if applicable); and 7. Buffers and screening devices. - - LANDSCAPE RATIO (LSR). The amount of landscaped area measured in square feet divided by the gross lot area. LANDSCAPING. For purposes of these regulations, trees, shrubs, grasses and other ground covers, and other materials, such as rock, wood chips, decorative features (birdbaths, sculpture, and the like), patterned walks, fountains, pools, and similar naturalistic features for the primary purpose of highlighting, complementing, or enhancing a structure(s) or any other development on a site or lot. @@ -191,9 +195,7 @@ In the state, statutory authority for cities and towns to enact and administer z LODGING USE. The provision of temporary living quarters, with or without meals, for transient guests for a fee, and for a period of less than 30 days. LOT. A unit of land described by letter or number in a legally recorded subdivision. Also includes a parcel of land described by metes and bounds, the description of which has been so recorded and appears on its deed. Term includes “lot of record”. - - LOT COVERAGE. The amount of space on a lot or parcel taken up by principal and accessory structures; usually expressed as a percentage of the gross lot area. - + LOT, DOUBLE FRONTAGE. A lot that fronts on one street with its side lot line lying adjacent to an intersecting street; a corner lot. LOT, FLAG. A lot that is positioned, usually because of topography, behind other lots and connected to a street via a long narrow portion of the lot often called a “flag stem”. @@ -207,9 +209,7 @@ In the state, statutory authority for cities and towns to enact and administer z LOT LINE, SIDE. Any boundary segment or segments connecting the front and rear lot lines. LOT, THROUGH. A lot which fronts on one street and runs through to a parallel street in the rear. - - LUMINAIRE, CUT-OFF. A complete lighting unit consisting of a light source, housing, and all necessary electrical, mechanical, and decorative parts, and which by design, limits the illumination to a specific area and does not allow glare to be encountered beyond the illuminated area. - + MAJOR RECREATIONAL EQUIPMENT. Includes, but is not necessarily limited to, snowmobiles and snowmobile trailers, livestock trailers, boats and boat trailers, travel trailers (including pop-ups), pickup camper tops when not mounted on a vehicle, motor homes, tent trailers, as well as the cases, boxes, or containers used for transporting or shipping recreational equipment, whether or not occupied by such equipment. MANUFACTURED HOME, CLASS A. @@ -218,9 +218,9 @@ In the state, statutory authority for cities and towns to enact and administer z 1. Constructed after January 1, 1990, and certified as meeting the mobile home construction standards of the U.S. Department of Housing and Urban Development; 2. Is at least 20 feet in width at its narrowest point; 3. Has a roof pitch not less than 4:12 and eaves not less than 12 inches, not counting any gutter; - 4. Utilizes roofing materials which are generally acceptable for site built housing. Roofing materials must have the appearance of a shake, shingle, or tile roof; + 4. Utilizes roofing materials which are generally acceptable for site-built housing. Roofing materials must have the appearance of a shake, shingle, or tile roof; 5. Siding material which has the appearance of wood, masonry, or non-reflective metal siding; - 6. Is placed on a permanent foundation for which a building permit has been issued, or has perimeter skirting that resembles a conventional foundation of a site built home, and is constructed of brick, concrete, concrete block, or treated lumber; and + 6. Is placed on a permanent foundation for which a building permit has been issued, or has perimeter skirting that resembles a conventional foundation of a site-built home, and is constructed of brick, concrete, concrete block, or treated lumber; and 7. The hitch or tongue has been removed from the unit. 2. This definition does not include the terms “mobile home” or “house trailer” as set forth in MCA § 15-1-101. @@ -236,7 +236,7 @@ In the state, statutory authority for cities and towns to enact and administer z NONCONFORMING LOT OF RECORD. Any legally created lot of record that conformed to prior regulations, but that does not conform to the standards set forth in these regulations for lot area, dimensions, or configuration. (See § 153.62 of this chapter.) - NONCONFORMING STRUCTURE. A structure of any kind that was legal under prior regulations, but does not conform to these regulations in terms of setbacks, height, FAR, or LSR on the subject lot. (See § 153.62 of this chapter.) + NONCONFORMING STRUCTURE. A structure of any kind that was legal under prior regulations but does not conform to these regulations in terms of setbacks, height, FAR, or LSR on the subject lot. (See § 153.62 of this chapter.) NONCONFORMING USE. A use of land that was allowed under prior regulations, but which does not conform to these regulations. (See § 153.62 of this chapter.) @@ -245,13 +245,7 @@ In the state, statutory authority for cities and towns to enact and administer z OCCUPANT. An individual, individuals, or entity in actual possession of a premises. OFF-STREET PARKING. Spaces for automobiles that are provided, or are required to be provided under these regulations, on private property, usually on the same lot or parcel as the business, residence, or other entity served by the parking, and not located on a street or other public way. - - ORNAMENTAL TREE. A deciduous tree planted primarily for its beauty, color, flower, or leaf rather than primarily for screening purposes. - - PARAPET. The extension of the main walls of a structure above roof level. - - PARAPET, TOP OF. The highest point of a parapet, often used in the measurement of structural height. - + PERSONAL SERVICES. Establishments primarily engaged in providing services, for compensation, involving the care of a person or his or her personal goods or apparel. PRINCIPAL USE. The primary or predominant use of any lot or parcel. @@ -263,6 +257,8 @@ In the state, statutory authority for cities and towns to enact and administer z RELIGIOUS INSTITUTION. A church, synagogue, temple, mosque, or other facility where prayer, worship, fellowship, and education are partaken in by persons of similar beliefs. Also, a special purpose building or complex of buildings that is architecturally designed or particularly adapted for the primary use of conducting formal religious services on a regular basis. RESIDENTIAL USE. Use of land and/or buildings for sleeping, eating, congregating, and general housekeeping by an individual, group of individuals (see FAMILY), or family for a period of 30 days or more. + + RESIDENTIAL UNIT. A single home, apartment, residential condominium unit or mobile home, serving as the principal place of residence. RESTAURANT. See DINING AND DRINKING ESTABLISHMENT. @@ -276,12 +272,14 @@ In the state, statutory authority for cities and towns to enact and administer z SCALE OF DEVELOPMENT. The relationship of a particular project or development, in terms of its size, height, bulk, intensity of use, and aesthetics, to its surroundings. - SELF-STORAGE FACILITY. A building or group of buildings containing separate, individual, and private storage spaces or varying sizes available for lease or rent for varying periods of time. Includes the terms “mini-storage” and “mini-warehouses”. + SELF-STORAGE FACILITY. A building or group of buildings containing separate, individual, and private storage spaces or varying sizes available for lease or rent for varying periods of time. Includes the terms “mini-storage” and “mini-warehouses.” SETBACK. The distance between a structure and any given lot line (front, side, or rear). - SETBACK LINE. The line that delineates the required minimum distance from any lot line, and establishes the area within which a principal or accessory structure may be erected or placed. - + SETBACK LINE. The line that delineates the required minimum distance from any lot line and establishes the area within which a principal or accessory structure may be erected or placed. + + SHORT TERM VACATION RENTAL. Means a lodging use, that is not a hotel or motel or bed and breakfast, in which a dwelling unit, or portion thereof, that is offered or provided to a guest by a short-term rental operator for a fee for fewer than thirty (30) consecutive nights. + SHRUB. A woody plant, smaller than a tree, consisting of several small branches from the ground or small branches near the ground; may be deciduous or evergreen. SIGN. An object, device, display, or structure, or part thereof, situated outdoors or indoors, that is intended and used to advertise, identify, display, direct, or attract attention to an object, person, institution, organization, business, product, service, event, or location by any means, including words, letters, figures, design, symbols, fixtures, colors, illuminated, or projected images. @@ -290,21 +288,19 @@ In the state, statutory authority for cities and towns to enact and administer z SIGN, TEMPORARY. A sign or advertising display constructed of cloth, canvas, fabric, plywood, or other light material, and designed or intended to be displayed for a relatively short period of time; not permanent. - SMOKE SHACK. A four-sided building no larger than 96 square feet, one side of which is totally open. On the remaining three sides, there shall be continuous ventilation gaps of no less than eight inches in width between the wall and ceiling, and the wall and the floor. - - SPECIMEN TREE. A particularly impressive or outstanding example of a species because of its size, shade, age, or other trait that epitomizes the character of the species; in a landscape plan, species of trees that will grow the largest and are usually installed at the largest sizes of any other plant materials in the plan. May be coniferous or deciduous. - + SMOKE SHACK. A four-sided building no larger than 96 square feet, one side of which is completely open. On the remaining three sides, there shall be continuous ventilation gaps of no less than eight inches in width between the wall and ceiling, and the wall and the floor. + STRUCTURE. A combination of materials, that when combined and assembled in the process of construction, form a substantial object for use, occupancy, or ornamentation, whether installed on, above, or below the surface of land or water; a combination of materials assembled and set upon the land for a beneficial use. SUBDIVISION. The division of a lot, tract, or parcel of land into two or more lots, or other divisions of land for sale, development, or lease. A division of land meeting the definition of subdivision set forth in MCA § 76-3-103. TAVERN. See DINING AND DRINKING ESTABLISHMENT. - TELECOMMUNICATIONS FACILITY. A federal communications commission licensed facility, including at least one tower and support functions, designed and used for the purpose of transmitting, receiving, and relaying voice and data signals from various wireless communication devices and equipment. Does not include broadcast antennas, amateur radio transmission facilities, or antennas for public service communications, such as police, fire, and other emergency services. + TELECOMMUNICATIONS FACILITY. A federal communications commission licensed facility, including at least one tower and support functions, designed, and used for the purpose of transmitting, receiving, and relaying voice and data signals from various wireless communication devices and equipment. Does not include broadcast antennas, amateur radio transmission facilities, or antennas for public service communications, such as police, fire, and other emergency services. THEATER. A building or part thereof used to show motion pictures or theatrical productions including drama, dance, musical/concerts, or other live performances. - - TOURIST HOME. A lodging use of a residence where the entire residence or rooms therein are rented to transient guests, with or without meals, for compensation and for a term of occupancy of less than 30 days. + + TOWNHOME OR TOWNHOUSE. Means property that is owned subject to an arrangement under which persons own their own units and hold separate title to the land beneath their units, but under which they may jointly own the common areas and facilities submitted to the provisions of Title 70, Chapter 23. MCA. TRAVEL TRAILER. See MAJOR RECREATIONAL EQUIPMENT. @@ -324,7 +320,7 @@ All prior ordinances and resolutions related to this chapter adopted March 2, 19 1. Vested rights to proceed with any development initiated prior to the adoption and effective date of these regulations shall be established only by: 1. Having obtained a zoning permit issued by the city under prior regulations; or - 2. In the case of a subdivision, having been issued a finding of sufficiency for a preliminary plat in compliance with the State Subdivision and Platting Act and local subdivision regulations. Approval or conditional approval of a preliminary plat establishes a right to proceed with a final plat under state law and local subdivision regulations. Approval or conditional approval of a preliminary plat, or recording of a final plat, does not establish a vested right for any particular use or development standards that might have existed under prior regulations. + 2. In the case of a subdivision, having been issued a finding of sufficiency for a preliminary plat in compliance with the State Subdivision and Platting Act and city subdivision regulations. Approval or conditional approval of a preliminary plat establishes a right to proceed with a final plat under state law and local subdivision regulations. Approval or conditional approval of a preliminary plat, or recording of a final plat, does not establish a vested right for any particular use or development standards that might have existed under prior regulations. 2. Vested rights to proceed with development under the provisions of these regulations shall be established only by: 1. In the case of a subdivision, recording a final plat in full compliance with the State Subdivision and Platting Act, being MCA §§ 76-3-101 et seq., and local regulations, or as applicable; and 2. Having a valid zoning permit in full compliance with these regulations. Permits may expire pursuant to § 153.80 of this chapter or be revoked pursuant to § 153.81 of this chapter. Any vested rights to proceed with development expire, or are revoked, with the zoning permit. @@ -381,42 +377,14 @@ The following zoning districts and overlay are hereby established and are applic **District Name** **Map Designation** - -A Residential - -A - -Airport Planned Development - -APD - -B Residential - -B - -BR Business/Residential - -BR - -Casino/Adult Use Overlay - -C/AU - -CB Central Business - -CB - -GI General Industrial - -GI - -HB Highway Business - -HB - -Public/Semi-Public - -P/SP +| **_District Name_** | **_Map Designation_** | +| --------------------------- | --------------------- | +| Residential | R | +| Adult Use/Marijuana Overlay | AU/M | +| CB Central Business | CB | +| GI General Industrial | GI | +| HB Highway Business | HB | +| Public/Semi-Public | P/SP | (Prior Code, § 9-3-1) (Ord. 304, passed 4-10-2012) @@ -426,7 +394,7 @@ P/SP 2. Boundaries indicated as approximately following platted lot lines shall be construed as following said lot lines. 3. Boundaries indicated as approximately following the city limits shall be construed as following said city limits. 4. Boundaries indicated as following railroad lines shall be construed to lie midway between the main tracks. -5. Boundaries indicated as following rivers, creeks, or perennial or intermittent streams of any kind shall be construed to follow the thread of said streams. In the event that the thread of a river, creek, or stream shifts, the boundary shall be construed as moving with the thread, except when the thread of the stream is also a property boundary. In such a situation, the zoning district boundary shall be determined by the Zoning Administrator. +5. Boundaries indicated as following rivers, creeks, or perennial or intermittent streams of any kind shall be construed to follow the thread of said streams. In the event that the thread of a river, creek, or stream shifts, the boundary shall be construed as moving with the thread, except when the thread of the stream is also a property boundary. In such a situation, the Zoning Administrator shall determine the zoning district boundary. 6. Boundaries indicated as parallel to or extensions of features listed in divisions (A) through (E) above are so construed. Distances not specifically indicated on the official zoning map, or on established boundaries such as lot lines, are to be determined by the Zoning Administrator measuring the map according to its scale. 7. Where physical or cultural features existing on the ground are at variance with those shown on the official zoning map or in other circumstances not addressed by divisions (A) through (F) above, the Zoning Administrator shall interpret the district boundaries. @@ -435,41 +403,48 @@ P/SP [153.27 Permitted, Conditional, And Prohibited Uses](https://choteau.municipalcodeonline.com/book?type=ordinances#name=153.27_Permitted,_Conditional,_And_Prohibited_Uses) 1. _Permitted uses_. All uses listed as “permitted uses” in each zoning district are permitted outright, and require only a zoning permit, building permit, and/or city business license as applicable. Only those uses specifically listed as permitted uses are so allowed in the applicable district. -2. _Conditional uses_. All uses listed as “conditional uses” in each zoning district are permitted provided that all listed conditions are met. No hearings or conditional use permits are required. No uses other than those listed shall be allowed as conditional uses. Like permitted uses, conditional uses are subject to zoning permits, building permits, and/or city business license as may be applicable to the particular use. +2. _Conditional uses_. All uses listed as “conditional uses” in each zoning district are permitted provided that they are reviewed and approved following the review provisions of Section. [INSERT ONCE FORMATING IS CLEAN] Like permitted uses, conditional uses are subject to zoning permits, building permits, and/or city business license as may be applicable to the particular use. 3. _Prohibited uses_. For some zoning districts, a list of uses that are expressly prohibited is provided. This list is provided for clarification and ease of interpretation only, and it is not in any way intended to be an exhaustive list of all uses that are prohibited in the applicable district. In general application of this Zoning Code, any use or uses not listed as “permitted” or “conditional” uses are prohibited. (Prior Code, § 9-3-3) (Ord. 304, passed 4-10-2012) Penalty, see § 153.99 -[153.28 A Residential District](https://choteau.municipalcodeonline.com/book?type=ordinances#name=153.28_A_Residential_District) +[153.28 R Residential District](https://choteau.municipalcodeonline.com/book?type=ordinances#name=153.28_A_Residential_District) -1. _Purpose_. The A Residential Zoning District is intended to preserve, enhance, and encourage high quality, predominantly single-family neighborhoods. This includes setting forth standards for the bulk and scale of residential structures so that properties do not become “overbuilt”, and ensuring the open yard areas, street connectivity, and streetscapes that are critical to attractive and desirable neighborhoods. +1. _Purpose_. The R Residential Zoning District is single district intended to preserve, enhance, and encourage high quality, predominantly residential neighborhoods that can provide for a mix of housing types. 2. _Principal permitted uses and structures_. The following uses and structures are permitted outright in the A Residential District, subject only to a zoning permit: - 1. Class A manufactured homes (see division (E) below); + 1. Class A manufactured homes; 2. Daycare home providing care for 12 or fewer children; and 3. Single-family detached dwelling units. + 4. Condominiumsa nd townhomes for 4 units or less. + 5. Rental duplexes (2 units). 3. _Accessory uses and structures_. The following uses and structures are permitted as accessory uses in the A Residential District, subject only to a zoning permit: 1. Cottage industries subject to § 153.53 of this chapter; 2. Home occupations subject to § 153.53 of this chapter; and 3. Structures that are customary and incidental to the primary residential use of the property including, but not necessarily limited to, detached garages, storage/tool sheds, greenhouses, workshops, and television satellite receiving dishes (not subject to zoning permit). -4. _Conditional uses_. The following uses and structures are permitted as conditional uses in the A Residential District subject to a zoning permit and the specific conditions listed herein: +4. _Conditional uses_. The following uses and structures are permitted as conditional uses in the A Residential District subject review and approval following the review provisions of Section [INSERT ONCE FORMATTING IS CLEAN], obtaining to a zoning permit and meeting the specific conditions listed herein: 1. Accessory residential unit (ARU) subject to the following conditions: - 1. Minimum lot size for an ARU shall be 8,000 square feet; - 2. Maximum floor area for an ARU shall be 600 square feet; - 3. The ARU may be located in an accessory structure or within the principal residential structure. If the ARU is, or is within, an accessory structure, parking for the ARU shall be at the rear of the subject property; - 4. Only one ARU per subject property is allowed. The ARU cannot be rented unless the owner of the property resides in the principal residence; and - 5. ARUs that meet the standards of this section shall not be subject to subdivision regulations unless the unit and/or the land on which it is situated is to be sold or otherwise transferred. + 1. Must meet setbacks and building height requirements from lot lines and principal residential structure; + 2. The ARU may be located in an accessory structure or within the principal residential structure. If the ARU is, or is within, an accessory structure, parking for the ARU shall be at the rear of the subject property; + 3. Only one ARU per subject property is allowed. The ARU cannot be rented unless the owner of the property resides in the principal residence; and 2. Churches and other religious institutions subject to the following conditions: 1. Off-street parking shall be provided in accordance with § 153.58 of this chapter; - 2. All dimensional standards of the A Residential District shall be met; + 2. All dimensional standards of the R Residential District shall be met; 3. Landscaping shall be provided pursuant to § 153.51 of this chapter; 4. All parking shall be to the rear of the primary structure; and - 5. No religious institution shall exceed 2,000 square feet gross floor area. + 5. No religious institution shall exceed 5,000 square feet gross floor area. 3. Community residential facilities meeting the definition of MCA § 76-2-411, subject to the following conditions. 1. The facility must be licensed by the State Department of Public Health and Human Services. 2. Off-street parking shall be provided to all staff assigned to the facility. 3. The minimum lot area shall be 10,000 square feet. + 4. Landscaping shall be provided pursuant to § 153.051 of this chapter; + Bed and breakfast establishments and short-term vacation rentals; + + 4. _Personal services including barber/beauty/style shops, tanning salons, tailoring, and shoe/boot building and repair; + 5. Professional and agency offices including medical, dental, legal, real estate, mortgage lending, and insurance; and + 6. Specialty retail shops and stores such as florists, antiques, fly and tackle shops, camera and optic,. No single retail use may exceed 1,000 square feet gross floor area. + 5. _Prohibited uses_. - 1. _Commercial and industrial uses_. Any and all commercial and industrial uses, except for home occupations and cottage industries as set forth in division (C) above. + 1. _Commercial and industrial uses_. Any and all commercial and industrial uses, except for home occupations as set forth in division (C) above and the conditional uses listed in division D above. 2. _Class B and C manufactured homes_. If a class B or C manufactured home is removed for any reason, it may only be replaced by a Class A manufactured home or a conventional site built dwelling unit. 6. _Dimensional standards_. 1. Setbacks: @@ -479,108 +454,11 @@ P/SP 2. Maximum structural height: 28 feet; 3. Minimum lot size: 6,000 square feet for platted properties and for replatting of platted properties. Minimum lot size for all new subdivisions (including newly annexed areas) is 9,000 square feet; 4. Minimum lot width: 50 feet; - 5. Maximum floor area ratio (FAR): 0.40 (see FAR/LSR adjustment in division (F)(8) below); - 6. Minimum landscape ratio (LSR): 0.50 (see FAR/LSR adjustment in division (F)(8) below); - 7. Maximum lot coverage: 38%; and - 8. FAR/LSR adjustment: for each 0.01 increase in LSR up to 0.60, the FAR may be increased by 0.01 up to a maximum of 0.50. - -(Prior Code, § 9-3-4) (Ord. 304, passed 4-10-2012) Penalty, see § 153.99 - -[153.29 B Residential District](https://choteau.municipalcodeonline.com/book?type=ordinances#name=153.29_B_Residential_District) - -1. _Purpose_. The B Residential Zoning District is intended to preserve and enhance the established residential areas of the city while allowing for a variety of residential product types including duplexes, townhomes, twin homes, and multi-family structures. Standards set forth in this section are intended to allow development and redevelopment that is compatible with its host neighborhood regardless of the density. -2. _Principal permitted uses and structures_. The following uses and structures are permitted outright in the B Residential District, subject only to a zoning permit: - 1. Class A manufactured homes; - 2. Class B manufactured homes, but only when replacing an existing Class B or Class C manufactured home (note: Class B and C manufactured homes are allowed through the PUD option, as set forth in § 153.34 of this subchapter); - 3. Daycare homes providing care for 12 or fewer children; - 4. Multi-family dwelling units of all types up to eight-unit structures; - 5. Single-family detached dwelling units; and - 6. Two-family dwelling units, including town homes, duplexes, and twin homes. -3. _Accessory uses and structures_. The following uses and structures are permitted as accessory uses in the B Residential District, subject only to a zoning permit: - 1. Cottage industries subject to § 153.53 of this chapter; - 2. Home occupations subject to § 153.53 of this chapter; and - 3. Structures that are customary and incidental to the primary residential use of the property including, but not necessarily limited to, detached garages, storage/tool sheds, greenhouses, workshops, and television satellite receiving dishes (not subject to zoning permit). -4. _Conditional uses_. The following uses and structures are permitted as conditional uses in the B Residential District subject to a zoning permit and the specific conditions listed herein: - 1. Accessory residential unit (ARU) subject to the following conditions: - 1. In the B Residential District, an ARU is only allowed in conjunction with a single-family detached residence; - 2. Minimum lot size for an ARU shall be 8,000 square feet; - 3. Maximum floor area for an ARU shall be 600 square feet; - 4. The ARU may be located in an accessory structure or within the principal residential structure. If the ARU is, or is within, an accessory structure, parking for the ARU shall be at the rear of the subject property; and - 5. Only one ARU per subject property is allowed. The ARU cannot be rented unless the owner of the property resides in the principal residence. - 2. Churches and other religious institutions subject to the following conditions: - 1. Off-street parking shall be provided in accordance with § 153.58 of this chapter; - 2. All dimensional standards of the B Residential District shall be met; - 3. Landscaping shall be provided pursuant to § 153.50 of this chapter; - 4. All parking shall be to the rear of the primary structure; and - 5. No religious institution shall exceed 2,000 square feet gross floor area. - 3. Community residential facilities meeting the definition of MCA § 76-2-411, subject to the following conditions: - 1. The facility must be licensed by the State Department of Public Health and Human Services; - 2. Off-street parking shall be provided to all staff assigned to the facility; and - 3. The minimum lot area shall be 10,000 square feet. -5. _Dimensional standards_. - 1. Setbacks: - 1. Front: 16 feet minimum, 30 feet maximum (see § 153.54 of this chapter); - 2. Sides: six feet; and - 3. Rear: 16 feet. - 2. Maximum structural height: 28 feet; - 3. Minimum lot size: 6,000 square feet; - 4. Minimum lot width: 50 feet; - 5. Maximum floor area ratio (FAR): 0.50; - 6. Minimum landscape ratio (LSR): 0.40; and - 7. Maximum lot coverage: 38%. -6. _Off-street parking_. - 1. Off-street parking for residential uses in the B Residential Zoning District must be provided in accordance with § 153.58 of this chapter. For residential units with two or more bedrooms, two off-street parking spaces per unit are required. For units with one bedroom, including “efficiency apartments”, one parking space per unit is required. ARUs require one space per unit. - 2. For one- and two-family residential units only, off-street parking may be provided in a driveway that may be located in the required front setback. For all other residential units, including ARUs, off-street parking shall be located to the rear of the primary residential structure. - -(Prior Code, § 9-3-5) (Ord. 304, passed 4-10-2012) Penalty, see § 153.99 - -[153.30 BR Business/Residential District](https://choteau.municipalcodeonline.com/book?type=ordinances#name=153.30_BR_Business/Residential_District) - -1. _Purpose_. The BR District is intended to provide a smooth transition between commercial and residential areas, while at the same time providing opportunities for low impact commercial and office uses away from the higher intensity uses and higher traffic volumes of the commercial districts. A pleasing, walkable streetscape will also be an objective of the BR District. The adaptive reuse of residential structures for nonresidential or mixed use is encouraged. -2. _Permitted uses_. - 1. Bed and breakfast establishments and tourist homes; - 2. Credit unions and other financial institutions not to exceed 1,000 square feet in gross floor area; - 3. Dining establishments such as coffee shops, ice cream, and cafes, not to exceed 1,000 square feet gross floor area; - 4. Family daycare homes and group daycare homes; - 5. Multi-family, single-family attached residential, and residential apartments and lofts above a nonresidential permitted use; - 6. Personal services including barber/beauty/style shops, tanning salons, tailoring, dry cleaning/laundry, and shoe/boot building and repair; - 7. Professional and agency offices including medical, dental, legal, real estate, mortgage lending, and insurance; and - 8. Specialty retail shops and stores such as florists, antiques, fly and tackle shops, camera and optic, clothing, and office supply and copy. No single retail use may exceed 1,000 square feet gross floor area. -3. _Prohibited uses_. The following uses are expressly prohibited in the BR District: - 1. Adult bookstores and adult retail; - 2. Drive-through facilities for any use; - 3. Hotels and motels; - 4. Restaurants with full beverage liquor licenses; - 5. Taverns, bars, and casinos; and - 6. Vehicle fuel dispensing and sales, with or without retail. -4. _Accessory uses_. - 1. Enclosed storage buildings provided they are located behind (non-street side) of principal building; and - 2. On-site signs (subject to separate sign permit). - -5. _Temporary uses_. - 1. Outdoor/sidewalk dining (subject to separate permit); and - 2. Sidewalk sales (subject to separate permit). -6. _Dimensional standards_. - 1. Setbacks: - 1. Front: ten feet minimum, 20 feet maximum; - 2. Sides: five feet; and - 3. Rear: 20 feet. - 2. Maximum structural height: 28 feet; - 3. Minimum lot size: 4,080 square feet; - 4. Maximum floor area ratio (FAR): 0.90; - 5. Minimum landscape ratio (LSR): 0.20; and - 6. Maximum lot coverage: 65%. -7. _Off-street parking and loading_. Lodging and residential uses must provide off-street parking in accordance with § 153.58 of this chapter. All other uses shall provide employee and customer parking to the rear of the principal structure. The number of spaces required shall be set by the Zoning Administrator based upon the characteristics of the proposed use and the width of the subject property. No off-street parking or loading facilities shall be located in front of the principal structure. -8. _Signs_. On-site signage is allowed pursuant to § 153.61 of this chapter. -9. _Fencing_. All fencing shall be constructed according to § 153.60 of this chapter. -10. _Conditional uses_. Churches and other religious institutions are allowed as conditional uses in the BR District subject to the following conditions: - 1. Off-street parking shall be provided in accordance with § 153.58 of this chapter; - 2. All dimensional standards of the BR District shall be met; - 3. Landscaping shall be required pursuant to § 153.51 of this chapter; - 4. All parking shall be to the rear of the primary structure; and - 5. No religious institution shall exceed 2,000 square feet gross floor area. - -(Prior Code, § 9-3-6) (Ord. 304, passed 4-10-2012) Penalty, see § 153.99 + 5. Residential projects must meet the landscaping standards in Section [INSERT ONCE FORMATTING IS CLEAN]; + 6. Off-street parking. + Off-street parking for residential uses in the R Residential Zoning District must be provided in accordance with § 153.058 of this chapter. + + (Prior Code, § 9-3-4) (Ord. 304, passed 4-10-2012) Penalty, see § 153.99 [153.31 CB Central Business District](https://choteau.municipalcodeonline.com/book?type=ordinances#name=153.31_CB_Central_Business_District) @@ -594,12 +472,17 @@ P/SP 6. Personal services including beauty/barber/style shops, tanning salons, tailoring, dry cleaning/laundering, and shoe/boot building and repair; 7. Professional and agency offices including medical and dental, real estate, managerial, business, legal, and insurance; 8. Retail shops and stores including general and specialty items, clothing, art, home furnishings, school/office supplies, copy centers, antiques, sporting goods, and grocery stores; and - 9. Vehicle fuel dispensing and sales, with or without retail. + 9. Drive-through facilities. Drive-through facilities for restaurants, financial institutions, pharmacies, and the like. + 10. Churches and other religious institutions. + 11. Studios for photography, dance, visual arts, and the like. + 12. Residential uses are allowed and all units shall be located on upper floors of permitted uses. + 3. _Prohibited uses_. The following uses are expressly prohibited in the CB: 1. Adult bookstores and adult retail; 2. Auto dealerships, auto, truck, and trailer sales of any kind; 3. Mobile home or manufactured home sales of any kind; and 4. Tire and auto service of any kind, including quick lube. + 5. Industrial uses. 4. _Accessory uses_. 1. Enclosed storage buildings provided they are located behind (non-street side) of principal building; 2. On-site signs (subject to separate sign permit); @@ -615,25 +498,21 @@ P/SP 3. Rear: ten feet if adjacent to an alley, otherwise 16 feet. 2. Maximum structural height: 35 feet; 3. Minimum lot size: none; - 4. Maximum floor area ratio (FAR): 2.50; - 5. Minimum landscape ratio (LSR): none, although window plantings and street furniture are encouraged by § 153.59(B) of this chapter; and - 6. Maximum lot coverage: 95%. 7. _Off-street parking and loading_. Lodging, governmental facilities, and residential uses must provide off-street parking in accordance with § 153.58 of this chapter. All other uses in the CB District are exempt from off-street parking requirements. 8. _Signs_. On-site signage is allowed pursuant to § 153.61 of this chapter. 9. _Fencing_. All fencing shall be constructed according to § 153.60 of this chapter. -10. _Conditional uses_. - 1. _Casinos_. Casinos are allowed in the CB District only as accessory and clearly incidental uses to dining and drinking establishments and to hotels and motels, and are subject to the following conditions: - 1. Gaming machines and live gaming tables shall be confined to a separate room within the establishment and accessible only through the inside of the host establishment. No direct access to the gaming room from the outside is allowed; - 2. The gaming room shall not be larger than 600 square feet, and the number of machines and live gaming tables is limited only by the gaming license issued by the state; and - 3. No additional signage is allowed because of a casino. - 2. _Drive-through facilities_. Drive-through facilities for restaurants, financial institutions, pharmacies, and the like, are allowed as conditional uses in the CB District subject to the following conditions: - 1. The drive-through facility shall be positioned at the side or rear of the primary structure; and - 2. Access to a drive-through facility shall be via an alley or side street, and access from Main Street shall not be permitted. - 3. _Residential uses_. Residential is allowed as a conditional use in the CB District subject to the following conditions: - 1. All residential units shall be located on upper floors above any permitted use listed in this section; and - 2. Off-street parking shall be provided in accordance with § 153.58 of this chapter. +10. _Conditional uses_. The following uses and structures are permitted as conditional uses in the CB District subject to review and approval following the review provisions of Section [INSERT ONCE FORMATTING IS CLEAN], obtaining a zoning permit and meeting the specific conditions listed herein + + 1. _Casinos_. Casinos are allowed in the CB District only as accessory and clearly incidental uses to dining and drinking establishments and to hotels and motels, and are subject to the following conditions: + 1. Gaming machines and live gaming tables shall be confined to a separate room within the establishment and accessible only through the inside of the host establishment. No direct access to the gaming room from the outside is allowed; + 2. The gaming room shall not be larger than 600 square feet, and the number of machines and live gaming tables is limited only by the gaming license issued by the state; and + 3. No additional signage is allowed because of a casino. + 2. *Cell towers and other telecommunications facilities.* Cell towers and other telecommunications facilities and apparatus are allowed as conditional uses, subject to the following conditions. + 1. All telecommunications facilities shall be attached to a building and no towers are permitted. + 2. All telecommunications facilities shall observe the setbacks set forth in this section. + 3. Collocation is the preferred method of providing a usable cellular signal to potential telecommunications customers. -(Prior Code, § 9-3-7) (Ord. 304, passed 4-10-2012) Penalty, see § 153.99 + (Prior Code, § 9-3-7) (Ord. 304, passed 4-10-2012) Penalty, see § 153.99 [153.32 HB Highway Business District](https://choteau.municipalcodeonline.com/book?type=ordinances#name=153.32_HB_Highway_Business_District) @@ -641,17 +520,21 @@ P/SP 2. _Permitted uses_. 1. Auto and truck dealerships, new and used auto and truck sales, auto service of all kinds, provided that all service and repair work is conducted in an enclosed building; 2. Churches and other religious institutions; - 3. Dining and drinking establishments, including restaurants (sit down and high turnover), bars, taverns, fraternal clubs and lodges, including drive-through facilities; - 4. Financial institutions of all kinds, including drive-up and remote facilities; - 5. Governmental buildings and services of all kinds, except for water and wastewater plants and heavy equipment storage and maintenance; - 6. Indoor and outdoor entertainment, such as theaters, bowling alleys, amusement parks, batting cages, museums, galleries, and game rooms without gambling; - 7. Personal services of all kinds, including beauty/barber/style shops, tanning salons, tailoring, dry cleaning/laundry, shoe/boot building and repair; - 8. Professional and agency offices, including medical and dental, real estate, managerial, business, legal, and insurance, including mixed office and retail; - 9. Retail shops and stores, including general and specialty items, grocery stores, hardware, home furnishings, home improvement, tack and feed, and vehicle fuel dispensing and sales, with or without retail; and - 10. Studios for photography, dance, visual arts, and the like. + 3. Dining and drinking establishments, including restaurants (sit down and high turnover), bars, taverns, fraternal clubs, and lodges, including drive-through facilities; + 4. Farm and ranch service and sales, feed, tack, veterinary services, and care; + 5. Financial institutions of all kinds, including drive-up and remote facilities; + 6. Governmental buildings and services of all kinds, except for water and wastewater plants and heavy equipment storage and maintenance; + 7. Indoor and outdoor entertainment, such as theaters, bowling alleys, amusement parks, batting cages, museums, galleries, and game rooms without gambling; + 8. Personal services of all kinds, including beauty/barber/style shops, tanning salons, tailoring, dry cleaning/laundry, shoe/boot building and repair; + 9. Professional and agency offices, including medical and dental, real estate, managerial, business, legal, and insurance, including mixed office and retail; + 10. Residential uses. Residential is allowed as a conditional use in the HB District. + 1. All residential units are locaetd on upper floors of any permitted use and off-street parking shall be provided in accordance with this Section ?? of the Code. + 11. Retail shops and stores, including general and specialty items, grocery stores, hardware, home furnishings, home improvement, tack and feed, and vehicle fuel dispensing and sales, with or without retail; and + 12. Studios for photography, dance, visual arts, and the like. 3. _Prohibited uses_. The following uses are expressly prohibited in the HB District: 1. Adult bookstores, adult entertainment, and adult retail, except in the casino/adult use overlay; and 2. Heavy equipment sales and service. + 3. Industrial users. 4. _Accessory uses_. 1. Enclosed storage buildings provided they are located behind (non-street side) of principal building; 2. On-site signs (subject to separate sign permit); and @@ -660,47 +543,42 @@ P/SP 1. Fairs, carnivals, flea markets, swap meets, provided all activities take place on private property and off-street parking is not reduced below minimum requirements; and 2. Sidewalk and parking lot sales and displays, provided that all activity is conducted on private property. 6. _Dimensional standards_. - 1. The setbacks listed below are minimums, but they may be increased on a case by case basis depending on the need for emergency access: + 1. The setbacks listed below are minimums, but they may be increased on a case-by-case basis depending on the need for emergency access: 1. Front: 15 feet; 2. Sides: 15 feet, except side can be zero for interior side lot lines where townhouse type platting is used to convey building footprints; and 3. Rear: 15 feet. 2. Maximum structural height: 35 feet; - 3. Minimum lot size: 10,000 square feet, but there is no minimum for lots created by townhouse type platting; - 4. Maximum floor area ratio (FAR): 0.32. Where office uses comprise at least 50% of the total project gross floor area, maximum FAR is 0.42; - 5. Minimum landscape ratio (LSR): 0.15; and - 6. Maximum lot coverage: 50%. + 3. Minimum lot size: 10,000 square feet, but there is no minimum for lots created by townhouse-type platting; 7. _Off-street parking and loading_. Off-street parking and loading facilities are required as set forth in § 153.58 of this chapter. 8. _Signs_. On-site signage is allowed pursuant to § 153.61 of this chapter. 9. _Fencing_. All fencing shall be constructed according to § 153.60 of this chapter. -10. _Conditional uses_. +10. _Conditional uses_. The following uses and structures are permitted as conditional uses in the HB District subject to review and approval following the review provisions of Section [INSERT ONCE FORMATTING IS CLEAN], obtaining a zoning permit and meeting the specific conditions listed herein: 1. _Casinos_. Casinos are allowed in the HB District only as accessory and clearly incidental uses to dining and drinking establishments and to hotels and motels, and are subject to the following conditions. 1. Gaming machines and live gaming tables shall be confined to a separate room within the establishment and accessible only through the inside of the host establishment. No direct access to the gaming room from the outside is allowed. 2. The gaming room shall not be larger than 600 square feet, and the number of machines and live gaming tables is limited only by the gaming license issued by the state. 3. No additional signage is allowed because of a casino. + 2. _Cell towers and other telecommunications facilities_. Cell towers and other telecommunications facilities and apparatus are allowed as conditional uses, subject to the following conditions. 1. All telecommunications facilities shall observe the setbacks set forth in this section. 2. Collocation is the preferred method of providing a usable cellular signal to potential telecommunications customers. If a new cell tower is proposed, the service provider shall demonstrate why collocation is not possible or practicable. 3. No telecommunications facilities shall impede on-site vehicular or pedestrian circulation or emergency access. - 4. The gross floor area of any telecommunications building shall count toward the maximum FAR allowed in the HB District. 5. Maximum tower height shall not exceed 50 feet. For each additional antennas (array) collocated on an existing tower, the tower height may be increased by ten feet up to a maximum height of 70 feet. 6. Towers shall be sited to minimize visual impacts from nearby residential areas. - 3. _Residential uses_. Residential is allowed as a conditional use in the HB District subject to the following conditions. - 1. All residential units shall be located on upper floors above any permitted use listed in this section. - 2. Off-street parking shall be provided in accordance with § 153.58 of this chapter. (Prior Code, § 9-3-8) (Ord. 304, passed 4-10-2012) Penalty, see § 153.99 [153.33 GI General Industrial District](https://choteau.municipalcodeonline.com/book?type=ordinances#name=153.33_GI_General_Industrial_District) -1. _Purpose_. The General Industrial District is established to provide for a wide range of manufacturing, processing, fabrication, distribution, and heavy commercial and commercial service land uses. Generally, access should be from arterial streets that can accommodate heavy truck traffic. All uses in the GI are required to meet the performance standards set forth in this section. +1. _Purpose_. The General Industrial District is established to provide for a wide range of manufacturing, processing, fabrication, distribution, and heavy commercial and commercial service land uses. Access should be from arterial streets that can accommodate heavy truck traffic. All uses in the GI are required to meet the performance standards set forth in this section. 2. _Permitted uses_. - 1. Automobile dealerships, motor vehicle, boat and RV sales, service, and repair of any kind, except salvage; + 1. Automobile dealerships,heavy truck, and trailer sales, motor vehicle, boat and RV sales, service, and repair of any kind, except salvage; 2. Building supply/lumberyard; 3. Concrete and asphalt batch plants and paving and general contractors; 4. Distribution, warehousing, and wholesale; 5. Farm and ranch service and sales, feed, tack, veterinary services, and care; 6. Freight terminals, including trucking and rail loading facilities, heavy equipment sales, service, and repair; 7. Grain storage and handling; + 8. Manufactured home sales of any kind; 8. Manufacturing, assembly, milling, and fabrication of any kind; 9. Mini-storage, boat, vehicle, and RV storage; 10. Outdoor entertainment and amusement including rodeo grounds, fairs, and carnivals; @@ -717,22 +595,20 @@ P/SP 2. Short-term use of land or buildings for assembly, festivals, fairs, circus, community events, and the like; and 3. Temporary buildings, including mobile homes, for storage and construction offices, provided they are removed within six months of placement. 5. _Dimensional standards_. - 1. The setbacks listed below are minimums, but they may be increased on a case by case basis depending on the need for emergency access: + 1. The setbacks listed below are minimums, but they may be increased on a case-by-case basis depending on the need for emergency access: 1. Front: 15 feet; 2. Sides: 15 feet, except side can be zero for interior side lot lines where townhouse type platting is used to convey building footprints; and 3. Rear: 15 feet. 2. Maximum structural height: 35 feet, except that grain elevators, cooling towers, and similar structures may be constructed to 70 feet in height; 3. Minimum lot size: 20,000 square feet; - 4. Maximum floor area ratio (FAR): 0.40 for single-story; 0.50 for two stories or more; and - 5. Minimum landscape ratio (LSR): 0.05. 6. _Off-street parking and loading_. Parking and loading facilities are required in compliance with § 153.58 of this chapter. 7. _Signs_. On-site signage is allowed pursuant to the standards set forth in § 153.61 of this chapter. 8. _Fencing_. All fencing shall be constructed according to the standards set forth in § 153.60 of this chapter. -9. _Performance standards_. +9. _Spercific performance standards for industrial uses._ 1. Uses in the GI District shall not pose hazards of glare, fumes, dust, odor, explosion, or excessive noise; 2. Open storage of materials or supplies must be effectively screened from view by a sight obscuring fence or landscaping; and 3. The first eight feet of the front setback (from the front property line) must be landscaped in such a manner as to provide filtered view of the property from the street. -10. _Conditional uses_. +10. _Conditional uses._ The following uses and structures are permitted as conditional uses in the GI District subject to review and approval following the review provisions of Section [INSERT ONCE FORMATTING IS CLEAN], obtaining a zoning permit and meeting the specific conditions listed herein: 1. _Bulk fuel storage and distribution_. Bulk fuel facilities are permitted as conditional uses in the GI District subject to the following conditions. 1. No storage and handling areas shall be located nearer than 100 feet from any property line. 2. Subject property shall not lie adjacent to any park, school, public open space, or to any residential zoning district. @@ -748,80 +624,19 @@ P/SP 1. No open storage of salvage vehicles or salvage material shall be allowed forward of the main building on-site, or, within the front setback as applicable. 2. Open storage areas shall be screened from off-site view by a sight obscuring fence and a landscape buffer of at least eight feet in width. -(Prior Code, § 9-3-9) (Ord. 304, passed 4-10-2012) Penalty, see § 153.99 +(Prior Code, § 9-3-9) (Ord. 304, passed 4-10-2012) Penalty, see § 153.99 -[153.34 Planned Unit Development (PUD) Option](https://choteau.municipalcodeonline.com/book?type=ordinances#name=153.34_Planned_Unit_Development_(PUD)_Option) +[153.35 AU/M Adult Use Marijuana Distribution Overlay](https://choteau.municipalcodeonline.com/book?type=ordinances#name=153.35_C/AU_Casino/Adult_Use_Overlay) -1. _Purpose_. The PUD is intended as a residential or mixed use development option in all zoning districts except for GI General Industrial. Its specific purposes are: - 1. To allow for flexibility and innovation of site planning and design; - 2. To minimize terrain disturbance in environmentally sensitive areas through clustering development in more buildable areas of a site; - 3. To provide affordable and marketable residential product types; - 4. To achieve compatibility with the scale, character, and qualities with the surrounding neighborhood; and - 5. To provide usable, functional open space. -2. _Permitted uses_. The permitted uses under the PUD option shall be the same as those in the applicable zoning district, except that townhomes, twin homes, duplexes, triplexes, class A manufactured homes, and apartment type units are all permitted. In nonresidential districts, the PUD may include compatible residential uses. The PUD option can also be used for manufactured home parks or subdivisions for manufactured units other than Class A except in the A Residential District. -3. _Accessory uses and structures_. Accessory uses and structures under the PUD option shall be the same as those in the applicable zoning district. -4. _Conditional uses_. Conditional uses under the PUD option shall be the same as in the applicable zoning district, except that the standard conditions set forth in each district may be modified or amended through the PUD review and approval process. -5. _Minimum project size_. The site area for a PUD development shall be as follows: - 1. A Residential: 12,000 square feet; - 2. B Residential: 9,000 square feet; - 3. BR Business/Residential: 9,000 square feet; and - 4. CB Central Business and HB Highway Business: one acre. -6. _Deviations from standards_. The following standards of the applicable zoning district may be deviated from through the PUD: - 1. Setbacks; - 2. Minimum lot area; - 3. Minimum lot width; - 4. Maximum structural height; - 5. Density; - 6. Floor area ratio; - 7. Landscape ratio; and - 8. Lot coverage. -7. _Presubmittal conference_. All prospective PUD applicants are encouraged to request a presubmittal conference with the Zoning Administrator. The purpose of the presubmittal conference is to review the proposed project conceptually, identify any issues associated with the prospective project (especially those issues which may need to be specifically addressed in the application), application requirements, review procedures, and decision making criteria. Upon request of the applicant, the Zoning Administrator shall provide a written summary of the presubmittal conference. Any representations made by the Zoning Administrator are not binding upon the city and are intended solely to assist the applicant. -8. _PUD application procedures_. A PUD may be applied for on a form provided by the city. In addition to the completed form, the following submittals are required: - 1. A project narrative of the proposed development program that includes product type(s), density, percent open space, purpose of open space, what benefits that the community will derive from the PUD (affordable housing, functional open space, more efficient use of infrastructure, protection of environmentally sensitive areas, protection/enhancement of water quality, and the like), an assessment of potential neighborhood impacts, and how those impacts will be mitigated; and - 2. A conceptual site plan prepared to an appropriate scale (one inch = ten feet, one inch = 20 feet, one inch = 50 feet, and the like) that includes at a minimum: - 1. North arrow; - 2. Indication of scale; - 3. Vicinity map; - 4. Names of adjacent streets, water bodies, and landmarks; - 5. Developer’s contact information; - 6. Preparer’s contact information; - 7. Indication of existing and proposed structures; - 8. Existing and proposed streets, access points, parking and drive areas, and the like; - 9. Setbacks; - 10. Open space percentage and use; - 11. Landscaping and/or screening; - 12. Preliminary building elevations; - 13. Conceptual drainage; and - 14. Phasing plan (if applicable). -9. _Public notice_. Notice of a public hearing before the Zoning Commission must be published in a newspaper of general circulation at least ten days in advance of the hearing. In addition, notice of the Zoning Commission hearing shall be sent via first class mail to all property owners within 150 feet of the subject property (exclusive of rights-of-way). Mailed notices shall be sent at least 15 calendar days prior to the hearing date. All direct costs associated with this required public notice shall be borne by the applicant. -10. _Community benefit_. When deviations from standards, such as setbacks, height, minimum lot size, and LSR are allowed through the PUD, a substantial “community benefit” should result. This benefit should accrue to the surrounding neighborhood and/or the community at large, and may include such considerations as: - 1. Preservation and/or enhancement of neighborhood character and qualities; - 2. Provides substantial functional open space; - 3. Environmental benefits, such as preserving wildlife habitat, preserving existing vegetation and tree cover, avoiding development of environmentally sensitive areas, and providing for streamside and/or wetlands buffers to enhance water quality; - 4. Guaranteed housing affordability; - 5. Providing community trails or pathways; and - 6. Improving a streetscape and pedestrian circulation. -11. _Hearing and standard of decision_. The Zoning Commission shall conduct a public hearing and consider testimony and other evidence, and review the particular facts and circumstances of the proposed PUD. In considering a PUD application, the Commission may attach appropriate conditions to mitigate any adverse impacts identified, to ensure conformance with the growth policy, to ensure that the specific purposes of the PUD as set forth herein are achieved, and that a significant community benefit is derived from any deviations from standards. An application for a PUD may be approved as presented, conditionally approved, or denied by the Zoning Commission. Any action by the Commission shall be based upon findings of fact that the following criteria are or are not substantially met: - 1. The proposed PUD is in conformance with the growth policy; - 2. The specific purposes of the PUD as set forth in division (A) above, as they may apply to the particular proposal, are substantially met; - 3. That any identified adverse impacts are effectively mitigated; and - 4. That the proposed PUD will result in a tangible and significant community benefit(s). -12. _Final action_. Final approval, conditional approval, or denial of a proposed PUD shall rest with the City Council. -13. _Implementation_. An approved PUD shall run with the land and be implemented through the filing of a preliminary plat as set forth in the city subdivision regulations. - -(Prior Code, § 9-3-10) (Ord. 304, passed 4-10-2012) - -[153.35 C/AU Casino/Adult Use Overlay](https://choteau.municipalcodeonline.com/book?type=ordinances#name=153.35_C/AU_Casino/Adult_Use_Overlay) - -1. _Purpose_. The purpose of the casino/adult use overlay is to provide for potentially controversial and volatile land uses in an appropriate location within the community that will minimize land use conflicts. +1. _Purpose_. The purpose of the adult use/adult user marijuana distribution overlay is to provide for potentially controversial and volatile land uses in an appropriate location within the community that will minimize land use conflicts. 2. _Permitted uses_. In addition to the permitted uses in the underlying zoning district, the following uses are permitted within the casino/adult use overlay: 1. Adult bookstores; 2. Adult entertainment; 3. Adult retail establishments; and - 4. Casinos, including dining and drinking establishments with gaming machines and/or live gambling. -3. _Nonconforming casinos and adult uses_. Casinos and adult uses that were legally located outside of the casino/adult use overlay may continue to operate subject to § 153.62 of this chapter. The addition of any gambling machines or devices or any increase in the number of gambling machines, devices, or other gambling facilities, such as tables or dealers’ stations, shall be considered an expansion of use under § 153.62 of this chapter. -4. _Development standards_. All permitted uses in the casino/adult use overlay are subject to all development standards of the underlying zoning district. In addition, general development standards apply including, but not necessarily limited to, off-street parking, signage, landscaping, and architectural standards. -5. _Nonprofit entities_. Any not for profit entity holding the proper state licensing, including, or not including, alcoholic beverage license, for charity “casino nights” or similar infrequent events, need not be located within the casino/adult use overlay. + 4. Adult-use recreational marijuana; + distribution and sales (if and when applicable) +3. _Nonconforming adult uses_. Adult uses that were legally located outside of the casino/adult use overlay may continue to operate subject to § 153.62 of this chapter. +4. _Development standards_. All permitted uses in the adult use overlay are subject to all development standards of the underlying zoning district. In addition, general development standards apply including, but not necessarily limited to, off-street parking, signage, landscaping, and architectural standards. (Prior Code, § 9-3-11) (Ord. 304, passed 4-10-2012) @@ -829,30 +644,19 @@ P/SP 1. _Purpose_. The purpose of the Public/Semi-Public District is to recognize and designate land for governmental and other public and semi-public facilities and services. 2. _Permitted uses_. Uses permitted in the P/SP District include all governmental functions and facilities, including, but not necessarily limited to, the following: - 1. Federal, state, and local government buildings and offices; - 2. Hospitals and publicly operated clinics; - 3. Public libraries and auditoriums; - 4. Public recreational facilities, such as parks and golf courses; - 5. Public schools; - 6. Shop and maintenance yards, state highway maintenance work stations, and material storage facilities; and - 7. Utilities and public facilities such as water and wastewater treatment plants. + 1. Choteau Airport and its operations; + 2. Federal, state, and local government buildings and offices; + 3. Hospitals and publicly operated clinics; + 4. Public libraries and auditoriums; + 5. Public recreational facilities, such as parks and golf courses; + 6. Public schools; + 7. Shop and maintenance yards, state highway maintenance work stations, and material storage facilities; and + 8. Utilities and public facilities such as water and wastewater treatment plants. 3. _Development standards_. The development standards in each P/SP District shall be established by the governmental or semi-public entity developing the site. The city invites and encourages cooperation with all government agencies and semi-public entities and organizations to develop public sites and facilities in a manner that respects the city’s unique character, qualities, and community scale. Facility master plans that are developed through community involvement is encouraged. Adherence to the city’s landscaping, parking, fencing, architectural, and other site development standards is also encouraged. -4. _Change of ownership_. Should any land within a P/SP District be transferred into private ownership, the city will entertain an official zoning map amendment request to the appropriate zoning district. Such an application shall be filed and reviewed in conformance to state law and the applicable provisions of these regulations. +4. Choteau Airport development standards. New commercial or industrial development in the airport property shall be completed according to the official airport master plan for the facility. Compliance with City site development standards and state and federal regulations is also required. +5. _Change of ownership_. Should any land within a P/SP District be transferred into private ownership, the city will entertain an official zoning map amendment request to the appropriate zoning district. Such an application shall be filed and reviewed in conformance to state law and the applicable provisions of these regulations. -(Prior Code, § 9-3-12) (Ord. 304, passed 4-10-2012) - -[153.37 APD Airport Planned Development District](https://choteau.municipalcodeonline.com/book?type=ordinances#name=153.37_APD_Airport_Planned_Development_District) - -1. _Purpose_. The purpose of the Airport Planned Development District is to designate land for the municipal airport, support facilities, and related commercial and industrial operations. The APD also serves to implement the airport master plan. -2. _Permitted uses_. Uses permitted in the APD include all airport, airport operations, and support facilities, including, but not necessarily limited to, the following: - 1. Air carrier terminal and support facilities; - 2. Air terminal, administrative offices, hangars, towers, and related facilities; - 3. Airport related commercial and industrial operations; and - 4. Runways and related open space. -3. _Development standards_. Development in the APD shall be according to the official airport master plan for the facility. Compliance with city architectural standards and all site development standards is encouraged. -4. _Change of ownership_. Should any land within an APD District be transferred into private ownership, the city will entertain an official zoning map amendment request to the appropriate zoning district. Such an application shall be filed and reviewed in conformance to state law and the applicable provisions of these regulations. - -(Prior Code, § 9-3-13) (Ord. 304, passed 4-10-2012) +(Prior Code, § 9-3-12) (Ord. 304, passed 4-10-2012) [153 Supplementary Regulations](https://choteau.municipalcodeonline.com/book?type=ordinances#name=153_Supplementary_Regulations) @@ -875,59 +679,20 @@ P/SP [153.50 Purpose](https://choteau.municipalcodeonline.com/book?type=ordinances#name=153.50_Purpose) -The general purpose of this chapter is to set forth standards for property development, maintenance, and use that may, and usually do, apply to several districts. Standards for parking, landscaping, measurement of setbacks and height, and property maintenance not only will apply to almost every district established by these regulations, but they will contribute substantially to the preservation and enhancement of the city’s special character and qualities. +The purpose of this chapter is to set forth standards for property development, maintenance, and use that may, and usually do, apply to several districts. Standards for parking, landscaping, measurement of setbacks and height, and property maintenance not only will apply to every district established by these regulations, but they will contribute substantially to the preservation and enhancement of the city’s special character and qualities. (Prior Code, § 9-4-1) (Ord. 304, passed 4-10-2012) [153.51 Landscaping Standards](https://choteau.municipalcodeonline.com/book?type=ordinances#name=153.51_Landscaping_Standards) -1. _Purpose and intent_. This section sets forth the standards and policies for the design, planting, and maintenance of all required landscape areas within the city. The planting of trees and other landscape materials serves to preserve and stabilize property values and enhance the built environment of the city. Trees in particular are recognized for their importance in shading and cooling, noise and wind reduction, open space, visual relief, architectural enhancement, prevention of soil erosion, production of oxygen, dust filtration, carbon dioxide uptake, providing habitat for urban wildlife, and contributing to the aesthetic and economic value of real property. Landscape areas that are specially designed to act as drainage retention and snow storage areas are encouraged by the city. -2. _Applicability_. The standards set forth herein apply to all required landscaped areas within the city. Area required to be landscaped is set by each zoning district as a “landscape ratio” or LSR. In addition to the required landscape area, each property owner must also landscape and maintain the parkway area of the street right-of-way that lies between the front property line and the curb, pavement, or attached sidewalk as applicable. One- and two-family residential properties and parking areas with four or fewer spaces are not subject to the landscape standards contained in this section, but are required to provide landscaped areas as required by other applicable sections of this code of ordinances. -3. _Landscape plan required_. - 1. For each development where landscaping is required under this Zoning Code, a landscape plan shall be submitted as part of the application for a zoning permit. Landscaping that meets the standards of this section, as well as the applicable zoning district, is required for all new development and redevelopment. Landscape plans shall be drawn to scale and shall include: - 1. Symbols for each type and species of plant proposed; - 2. Area in square feet of each part of the site to be landscaped; - 3. A legend specifying the number and installed size of each type of plant material; - 4. Planting details (depth, growth medium, staking, balled and burlap, and the like (see example below); and - 5. Irrigation plan. - - ![](https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/choteau/ADC/images/ordinance/1647629436_Choteau,%20MT%201.png) - 2. Typical planting detail for a multi-stem tree or shrub. This particular detail does not include soil amendment, but soil amendment is recommended for the Choteau area. -4. _Nonconforming properties_. - 1. Properties that do not meet the landscape standards set forth in this chapter, but which were legally developed prior to the effective date of this chapter, may continue as legally nonconforming properties. However, additional landscaping toward meeting the standards of this chapter shall be required in the event of: - 1. The use of the property changing from one permitted use to another; - 2. The use of the property changing from a permitted use to a special use; - 3. An additional structure is constructed on the subject property; - 4. The existing floor area of all structures on the property is increased by 25% or more; and - 5. The parking area is paved and/or reconstructed. - 2. The amount and extent of additional landscaping required on nonconforming properties shall be to the extent practicable as determined by the Zoning Administrator. -5. _Selection of plant materials_. All plant materials should be selected for their hardiness and survivability in the Choteau area, which is in USDA Zone 4. Specimen trees and ornamentals should be selected from the tree list provided in Appendix A of the City’s Master Forestry Plan. -6. _Minimum installed sizes_. All landscape materials must meet at least the minimum installed sizes set forth below. Trees and plants recommended for USDA plant hardiness Zone 3b are preferred. - 1. Coniferous specimen trees (Austrian pine, blue spruce, Douglas fir, and the like): eight feet as measured from ground surface; - 2. Deciduous specimen trees (red oak, quaking aspen, Patmore ash, green ash, maple, and the like): two and one-half inch caliper as measured one foot above the ground surface; - 3. Ornamentals, multi-stem trees/shrubs (multi-stem aspen, amur maple, Russian olive, Walker weeping caragana, mountain ash, crabapple, and the like): five feet as measured from ground surface; - 4. Shrubs (potentilla, dwarf Arctic willow, snowberry, serviceberry, red twig dogwood, and the like): five-gallon containers; - 5. Ground covers (kinnikinik, sweetfern, cliff green, Tammy juniper, and the like): three-gallon containers. Rock, bark, and similar materials are suitable for planting beds, but not as a general ground cover; and - 6. Turf; seeding or sodding of turf grass areas are both permitted; grasses should be drought tolerant such as buffalo grass, blue grama, wheatgrass, and the like. Rock, bark, and similar materials may not be substituted for turf grass. -7. _Planting standards and guidelines_. This division (G) contains standards and guidelines for the number and installed size of plant materials for each type of landscape area. - 1. _General guidelines_. For each 1,200 square feet of landscaped area, the following plant materials should be provided. Except for specimen trees, the quantities of plant materials are guidelines, and varying of these guidelines to accommodate the unique features of a development site is encouraged. However, specimen trees are required as set forth below: - 1. One specimen tree. No more than 75% of the required specimen trees shall be either conifer or deciduous; - 2. Two ornamental trees; - 3. Three large shrubs/multi-stems; and - 4. Ground cover and/or turf as appropriate. - 2. _Planting strips_. When landscape areas consist of strips no less than six feet and no more than 12 feet in width (such as in setbacks and adjacent to parking areas), the standards set forth in this subsection shall be applied. Because planting strips have their own set of unique standards, their area may be subtracted from the landscape area that is subject to the general guidelines and standards above. - 1. One specimen tree for each 40 linear feet of strip. Trees may be either deciduous or coniferous, as appropriate for the application. Trees need not be uniformly spaced, but may be grouped to present a more natural looking landscape. - 2. One ornamental tree for each 25 linear feet. Ornamentals may also be grouped or clustered for a more natural look. - 3. Adjacent to parking areas, car height screening is required. One shrub or multi-stem for each ten linear feet shall be provided, and may be clustered for a natural affect. Bark or mulch may be used for the shrub bed. For strips in side or rear setbacks that do not screen parking, shrubs are not required. - 3. _Parking lot landscaping_. This term refers to landscaping within the parking area itself. - 1. _Landscape islands_. Landscape islands shall be provided at least every ten parking spaces (20 spaces for a head to head arrangement). Islands shall be the approximate length of the adjacent parking space(s) and shall be at least eight feet in width. At least one deciduous specimen tree is required per island and the use of conifers is highly discouraged. The specimen tree should be selected so that it does not cause a visibility hazard to motorists as they maneuver in the parking area. Four shrubs not to exceed three and one-half feet in height as measured from the driving surface are also required in each island. - 2. _Landscape strips (between parking rows)_. The use of landscape strips that separate two rows of parking spaces is discouraged. -8. _Installation, phasing, and surety_. Generally, landscaping shall be installed prior to issuance of a certificate of occupancy (CO). If no CO is required, installation must take place prior to occupancy (residential) or opening (nonresidential). Exceptions for landscape phasing and for building occupancy during seasons of the year not conducive to planting are set forth below. - 1. Should any project for which landscaping is required be completed and ready for occupancy between October 1 and April 15, landscape installation may be postponed until such time as weather and soil conditions allow for efficient installation and the best chance for survival of plant materials. Occupancy or opening of a project may be allowed by the city upon the posting of a surety (bond or letter of credit) equal to 110% of the estimated cost of the landscape installation. - 2. For development projects of two acres or more, landscaping may be phased over two planting seasons, provided that at least 50% of the required landscaping is installed during the first season prior to opening or occupancy as set forth in division (H)(1) above. In that event, a surety shall be provided equal to 110% of the estimated cost of the remaining landscaping. -9. _Maintenance and removal of dead and diseased plant materials_. All required landscaping is required to be maintained in a park-like condition as it was originally approved. All diseased or dead plant materials must be replaced during the current or next planting season as applicable. Substitute plant species (a different species than was shown on the original approved landscape plan) may be approved by the Zoning Administrator upon request. Failure to maintain required landscaping is deemed a violation of this chapter. + 1. Minimum Number of Trees +An applicant for a zoning permit and/or conditional use permit shall provide a minimum of one (1) overstory or understory tree per 1,200 square feet of lot and/or one (1) overstory or understory tree per 50 feet of street frontage (adhering to setbacks, as applicable). +2. Buffering Required Between Different Land Uses +Where business, industrial, or other uses abut or are adjacent to a residential district, the non-residential use must provide a landscaped buffer zone screening from the residential use. This buffer zone/screening must be a minimum of three (3) feet in width and consist of either vegetation or a vegetation combination of berm, fencing, or masonry walls to a minimum height of six (6) feet in a manner which does not create a safety hazard for vehicular or pedestrian movement or interfere with any other regulations or ordinances. Additional landscape screening may be required by other sections of these regulations to screen parking, loading areas and similar functions. + +3. Maintenance +Required landscaping shall be continually maintained by the landowner after installation, including ongoing weed control and mitigation. -(Prior Code, § 9-4-2) (Ord. 304, passed 4-10-2012) Penalty, see § 153.99 [153.52 Property Maintenance](https://choteau.municipalcodeonline.com/book?type=ordinances#name=153.52_Property_Maintenance) @@ -943,7 +708,7 @@ Property maintenance standards are intended to protect neighborhood quality, cha [153.53 Home-Based Businesses](https://choteau.municipalcodeonline.com/book?type=ordinances#name=153.53_Home-Based_Businesses) -A home-based business is a nonresidential accessory and incidental use of residential property. Typically, it is a business operated from a home with part of the floor area of the residential unit and/or an accessory structure devoted to the business. This Zoning Code recognizes two types of home-based businesses: home occupations and cottage industries. +A home-based business is a nonresidential accessory and incidental use of residential property. Typically, it is a business operated from a home with part of the floor area of the residential unit and/or an accessory structure devoted to the business. 1. _Home occupations_. The following standards and conditions apply to home occupations. 1. Home occupations are conducted entirely within the primary dwelling unit and/or in an attached garage, provided that at least the minimum number of required parking spaces is maintained. Home occupations are not allowed to operate in a detached accessory structure of any kind. Home occupations may be operated from a single-family detached residence, duplex, townhome, or multi-family dwelling unit. @@ -955,30 +720,13 @@ A home-based business is a nonresidential accessory and incidental use of reside 7. No traffic shall be generated by any home occupation greater than what would normally be expected in a residential neighborhood. Any delivery and supply vehicles shall be no larger than those that normally make deliveries to residential neighborhoods. Retail sales conducted on premises are expressly prohibited as a home occupation. Retail sales may take place via telecommunications with merchandise sent out by common carrier. 8. No home occupation may impact adjacent residential properties with noise, smoke, glare, fumes, dust, or odors in excess of that which is typical of a dwelling unit. 9. No home occupation shall cause visual or audible interference in any radio or television receivers off premises, or cause fluctuations in line voltage off premises. - 10. Home occupations that meet the standards of this division (A) may operate as permitted uses in all residential districts. A business license from the city may be required. -2. _Cottage industries_. The following standards and conditions apply to cottage industries. - 1. Cottage industries may be conducted by any member(s) of the household or residents of any ARU on the subject property. In addition, up to two persons who do not reside on the premises may be employed on premises in the cottage industry. - 2. One off-street parking space for each employee not residing on premises must be provided. Said parking shall be in a driveway or to the side or rear of the primary residence. - 3. The minimum lot area for a cottage industry shall be 10,000 square feet, and the associated residence must be a single-family detached dwelling unit. - 4. The maximum floor area devoted to the cottage industry shall not exceed 50% of the floor area of the primary residence on the subject property. - 5. The cottage industry may be conducted in the home, in an attached garage (provided that at least the minimum number of required parking spaces is maintained), or in an accessory structure that conforms to the standards of the applicable zoning district. - 6. No outdoor storage is permitted with the exception of two boats, trailers, RVs, ATVs, and the like, that are used in the operation of the cottage industry. Such storage is not permitted in the front yard area of the primary residence. - 7. Two signs are permitted for a cottage industry. One sign may be mounted on a wooden post(s) in the front yard of the primary residence. This sign may be no more than four feet in height and six square feet per side in area. The second sign shall be mounted flat to the wall of the structure in which the cottage industry is conducted and near the entryway. This sign shall not exceed two square feet in area. - 8. No cottage industry may impact adjacent residential properties with noise, smoke, glare, fumes, dust, or odors in excess of that which is typical of a dwelling unit. - 9. No cottage industry shall cause visual or audible interference in any radio or television receivers off premises, or cause fluctuations in line voltage off premises. - 10. Other than employees as allowed in this subsection, no traffic shall be generated by any cottage industry greater than what would normally be expected in a residential neighborhood. Any delivery and supply vehicles shall be no larger than those that normally make deliveries to residential neighborhoods. Retail sales are expressly prohibited as a cottage industry. - 11. Cottage industries are subject to a home business permit issued by the City Council. Anyone seeking to initiate a cottage industry shall submit an application on a form provided by the city, including an accurate site plan of the subject property drawn to a suitable scale (one inch = ten feet, one inch = 20 feet, and the like). The application shall include the signatures of all adjacent property owners that they have been notified of the proposed cottage industry. An application fee shall be set by resolution of the City Council. The City Council may act to approve, disapprove, or approve the application with conditions, at any regular meeting for which the agenda is published in the city’s newspaper of record. A business license from the city may also be required. Any cottage industry that is initiated without a home business permit and/or a business license if so required, is deemed in violation of these regulations. + 10. Home occupations that meet the standards of this division (A) may operate as permitted uses in the residential district. A business license from the city may be required. (Prior Code, § 9-4-4) (Ord. 304, passed 4-10-2012) Penalty, see § 153.99 -[153.54 Prevailing Front Setback Provision](https://choteau.municipalcodeonline.com/book?type=ordinances#name=153.54_Prevailing_Front_Setback_Provision) +[153.54 Floodplain Regulations](https://choteau.municipalcodeonline.com/book?type=ordinances#name=153.54_Prevailing_Front_Setback_Provision) -For residential structures in the A and B Residential Zoning Districts only, the applicant has the option of using the front setback prescribed for the applicable district, or, the prevailing setback provision may be used as set forth in this section. - -1. In lieu of the prescribed front setback, the applicant may reduce the required setback by using the mean setback of the four closest dwellings on the same side of the street. -2. The applicant is responsible for obtaining accurate measurements of the four nearest residential structures and presenting them to the Zoning Administrator along with the application for a zoning permit. -3. The applicant may use any dimension between the prescribed front setback and the mean of the four nearest dwelling units. (Example: Prescribed front setback is 16 feet. The mean front setback of the four nearest dwelling units is ten feet. The applicant may use any dimension between ten feet and 16 feet for the front setback.) -4. Where a maximum front setback is specified, it may not be varied through this process. +All development in the Special Flood Hazard Area (formerly known as the FEMA 100-year floodplain), according to current FEMA maps (https://msc.fema.gov/portal/search#searchresultsanchor), shall comply with the Floodplain and Floodway Management standards set forth in Title 15, Chapter 152 of the City of Choteau Municipal Code. (Prior Code, § 9-4-5) (Ord. 304, passed 4-10-2012) @@ -1016,254 +764,120 @@ All outdoor lighting shall be downcast and shielded. No light trespass shall be [153.58 Off-Street Parking Standards](https://choteau.municipalcodeonline.com/book?type=ordinances#name=153.58_Off-Street_Parking_Standards) -1. _Purpose_. The purpose of these standards is to provide functional parking areas with safe and efficient circulation patterns that are adequate to meet the needs of users while avoiding the negative environmental and urban design impacts that can result from parking lots and other vehicular use areas. The provisions of this section aim to protect the public health, safety, and general welfare by avoiding spillover parking into adjacent neighborhoods, lessening and/or mitigating traffic congestion, enhancing pedestrian safety, reducing stormwater runoff; improving air quality through dust abatement encouraging infill development, and providing flexible methods to respond to the transportation and access demands of various land uses in different areas of the community. -2. _Applicability_. Generally, the standards set forth herein apply only to new construction, new expansions of existing building or land uses, and changes of land use that result in greater parking requirements. - 1. Unless otherwise expressly stated, the parking standards of this section apply whenever an existing building or use is enlarged or expanded to include additional dwelling units, floor area, seating capacity, employees, or other units of measurement used for establishing off-street parking requirements. - 2. In the case of enlargements, expansions, or land use changes that require additional parking, additional spaces are required only to serve the enlarged or expanded area, or in the case of a land use change, only the difference in spaces required between the old and new use. There is no requirement to address lawfully existing parking deficits unless the site is completely redeveloped. -3. _Exemptions_. As set forth in § 153.31(G) of this chapter, within the Central Business District (CB), all lodging, governmental facilities, and residential development must provide parking according to the standards set forth in this section. All other uses in the CB are exempt from off-street parking requirements. -4. _Calculation of space requirements_. - 1. _Floor area_. When parking space requirements are based on floor area, the entire gross floor area in square feet must be calculated. - 2. _Fractions_. When calculations of the required number of spaces results in a fraction of a space, any fraction (represented as a decimal) of less than 0.5 is rounded down to the nearest whole space. Any fraction of 0.5 or greater is rounded up to the next whole space. - 3. _Mixed uses_. If more than one type of land use occupies a single structure or parcel of land where shared parking and access have been provided for, the total requirement for off-street parking shall be the sum of the requirements for all uses minus 10% of the total. If the peak parking demands of the various mixed uses occur on different days or at different times of the day, the land owner or developer may, upon producing relevant data and other evidence, request a reduction in the total parking requirement from the Zoning Administrator. -5. _General requirements_. - 1. _Location of parking spaces and access_. - 1. All required parking spaces shall be on the same lot or an adjoining lot under the same ownership or lease with the principal building(s) that the parking serves. - 2. In the A and B Residential and BR Zoning Districts, parking is prohibited in front and street side setbacks, except that parking spaces may be located in front of a garage or carport that is located outside of required building setbacks. No more than 40% of the front yard area in a residential district may be paved or used for the parking or storage of vehicles. On corner parcels, not more than 20% of the street side yard area may be paved or devoted to parking or other vehicle use. - 3. In nonresidential districts, parking is permitted in all setbacks, provided it complies with standards for screening and landscaping. In no case shall a parking space be located such that it allows a vehicle to park across an external property line. - 4. Except for one- and two-family dwellings, no parking area shall be designed and constructed such that vehicles are permitted to back into a street. - 2. _Surface material_. All parking and drive areas within the city shall be surfaced with asphalt, concrete, or similar material, with an adequate subsurface base to produce a long lasting, durable, weatherproof surface. Exceptions to this standard are: - 1. One- and two-family residential development, provided that all surfaces are kept dust free; - 2. Any parking or drive area that is accessed from an unpaved alley or street; - 3. At the discretion of the Zoning Administrator, spillover parking or other parking that is not used on a regular and/or frequent basis may be treated with “turf block”, “grasscrete”, or similar products that allow grass or ground cover to grow in spaces between the structure of the product while still supporting the weight of vehicles; and - 4. Emergency access across open space or landscaped areas may be treated with products described in division (E)(2)(c) above, subject to approval of the Zoning Administrator and local Fire Department. - 3. _Lighting_. For parking areas of eight or more spaces, lighting of the parking area and walkways shall be provided to a 1.5 foot-candle level of illumination. Light sources shall be directed downward and shall be shielded to prevent spillover lighting onto adjacent properties. - 4. _Curb stops_. Where a vehicle overhang is adjacent to a walkway, landscaped area, or a wall, curb stops are required. - 5. _Maintenance and use_. The maintenance of all parking and drive areas is the responsibility of the property owner. The following maintenance and use standards apply to required off-street parking. - 1. Required off-street parking areas must be used solely for the temporary parking of licensed motor vehicles in operating condition. - 2. Required off-street parking spaces may not be used for the display of goods for sale or lease. - 3. Required off-street parking may not be used for open storage, storage of building materials, or storage of inoperable vehicles. - 4. Off-street parking spaces must be maintained to be free of potholes, trash, debris, dirt, and dust. - 5. No commercial motor vehicle repair work of any kind is permitted in a required parking space. - 6. _Snow storage and drainage retention_. The design of parking facilities with area for snow storage, drainage retention, or, both functions within the same area, is encouraged by the city. Such areas may be provided within landscape areas and setbacks. - 7. _Shared parking and shared access_. In any development where there are two or more businesses both using the same parking area and common points of access, the property shall be encumbered by a “shared parking, shared access” easement. This easement may be placed on the face of the plat, or may be filed by separate instrument. The Zoning Administrator may require proof of such an easement prior to, or as a condition of, a zoning permit. -6. _Parking requirements by use_. The numbers of spaces required in this section are minimums and shall be maintained by ownership, easement, or lease, for as long as the land use which is served by the parking exists. - 1. _Maximum number of spaces_. Provision of more than 125% of the minimum number of spaces required is not permitted. - 2. _On-street parking_. No credit against the required off-street parking shall be allowed for on street spaces. - 3. _Uses not specifically listed_. For uses not listed in the space requirements set forth in this subsection, the Zoning Administrator shall determine the appropriate requirement based upon any similar uses that are listed and/or upon research. - 4. _Required off-street parking spaces_. The minimum number of parking spaces by land use is as follows: +1. Purpose: The purpose of the off street parking requirements is to provide convenient and safe access to property, alleviate hazards associated with access to traffic generating business and industrial uses, provide adequate and safe parking areas for residents and business customers, protect residential uses from the undesirable effects of abutting traffic generating uses and parking areas, and maintain the traffic carrying capacity of the road system serving Choteau. + +2. Definition: For the purpose of this title, an "off street parking space" consists of a space adequate for parking an automobile with room for opening doors on both sides, together with properly related access to a public street or alley and maneuvering room. + +3. When Required: + + 1. No building or structure may be erected, substantially altered or its use changed unless permanently maintained off street parking and loading spaces have been provided in accordance with the provisions of this title. + + 2. The provisions of this section, except where there is a change of use, do not apply to any existing building or structure. Where a change of use involves no additions or enlargements, there shall be provided as many of such spaces as required by this title. + + 3. Whenever a building or structure constructed after the effective date of this title is changed or enlarged in floor area, number of employees, number of housing units, seating capacity, or otherwise to create a need for an increase in the number of existing parking spaces, additional parking spaces must be provided on the basis of the enlargement or change; provided, whenever a building or structure existing prior to the effective date of this title is enlarged to the extent of fifty percent (50%) or more in floor area, number of employees, number of housing units, seating capacity or otherwise, said building or structure will then and thereafter comply with the full parking requirements set forth herein. + +3. Location: + + 1) Residential Districts: Parking spaces accessory to dwelling located in any residential zoning district must be located on the same or on an adjacent lot as the dwelling. Such parking spaces may not be located in any front yard, except in the driveway, but may be located in the side or rear yards. Each parking space accessory to a multi-family dwelling must be unobstructed so that no vehicle need be moved in order to allow another vehicle to enter or exit from the parking area. + + 2) Business Or Industrial Districts: No parking spaces accessory to any use located in business or industrial districts may be located in any residential district. + + 3) Public/Semi-Public Districts: ?????? + +4) Dimensional Requirements: Each required parking space must be at least ten feet (1 O') wide and twenty feet (20') long, exclusive of driveways, aisles, and other circulation areas. Aisles within parking lots must be sufficiently wide to permit safe and efficient vehicular movement in the aisles, and into and out of parking spaces. Aisles designed for two-way traffic must be at least twenty-two feet (22') wide. One-way aisles must be eighteen feet (18') wide. + +5) Access Standards: No accessway to any parking or loading area may be located within sixteen feet (16') of the corner of any block. At intersections where traffic control devices are installed, the zoning administrator may increase this requirement as necessary to prevent traffic hazards. + +6) Lighting: Any parking area which is intended to be used during non-daylight hours must be properly illuminated to avoid accidents. Any lights used to illuminate a parking lot must be so arranged as to reflect the light away from the adjoining property. + +7) Maintenance: The owner of property used for parking and/or loading must maintain such area in good condition without holes and free of trash and other debris. + +8) Number Of Spaces Required: For the purpose of this chapter, the following parking space requirements shall apply: + +## Commercial + +| Auto repair/quick lube | 1 space per service bay | +| ------------------------------------------ | ----------------------------------------------------------------------------------------------------- | +| Bed and breakfast or suite | 2 spaces plus 1 space per rentable room | +| Childcare (commercial) | 1 space for every 10 children permitted based on total gross floor area and facilities; drop off area | +| Hotel/motel | 1 space per room or suite | +| Restaurants (high turnover) | 1 space per 3 seats | +| Restaurants (sit down) | 1 space per 4 seats | +| Retail (general and specialty) | 1 space per 250 gsf (gross square feet) | +| Retail (home furnishings/home improvement) | 1 space per 600 gsf | +| Taverns | 1 space per 4 seats table space, 1 space per 2 bar seats | +| Theaters and other assembly | 1 space per 4 seats | +| Veterinary clinic | 1 space per 400 gsf | + +## Industrial +| Manufacturing/assembly/fabrication | 1 space per 800 gsf of active production area | +| ---------------------------------- | --------------------------------------------- | +| Warehousing/distribution | 1 space per 2,000 gsf | + +## Office +| General/agency/professional office | 3 spaces per 1,000 gsf | +| ---------------------------------- | ---------------------- | +| Medical/dental | 1 space per 250 gsf | + +## Residential +| 1-bedroom units, including “efficiency apartments” | 1 space per unit | +| --------------------------------------------------------------------------------------------------- | ------------------- | +| Accessory residential unit (ARU) | 1 space per unit | +| All other multi-family units | 1.5 spaces per unit | +| Multi-family elderly | 1 space per unit | +| One- and two-family residential, including condominiums, town homes, manufactured, and mobile homes | 2 spaces per unit | + +## Handicap Accessible Parking +| Total Standard Parking Spaces Provided | Handicap Accessible Spaces Required (Minimum) | +| -------------------------------------- | --------------------------------------------- | +| 5 to 20 | 1 | +| 21 to 40 | 2 | +| 41 to 65 | 3 | +| 66+ | 3% of total spaces required | + +1. Handicap Accessible Parking Specific Standards + 1. _Van accessible spaces_. One out of each eight accessible spaces provided, but at least one space in each parking facility, shall be van accessible. + 2. _Location_. Accessible parking spaces shall be located so as to provide the shortest accessible route to a primary building entrance. + 3. _Curb ramps and accessible routes_. Curb ramps and accessible routes shall be provided which allow unobstructed travel from an accessible parking space to an accessible entrance. Parked vehicle overhangs shall not reduce the clear width of an accessible route. Parking spaces and access aisles shall not exceed 2% grade in all directions. + 4. _Signage_. Each accessible space shall be identified by a sign showing a universal symbol of accessibility (wheelchair). Van accessible spaces shall have an additional sign (“van accessible”) mounted below the accessibility symbol. Each sign shall be no smaller than one-foot by one-foot and shall be located at the end of the space at a height between four feet and seven feet. The sign(s) may be either wall mounted or freestanding. In addition, a painted accessibility symbol shall be painted directly onto the parking lot surface within the accessible space(s). + 5. _Dimensional standards_. All handicap accessible spaces shall be a minimum of 20 feet in length. Where two spaces share an accessible area, the minimum stall width shall be eight feet, and the width of the common accessible area shall also be eight feet. - - **Commercial** - - Auto repair/quick lube - - 1 space per service bay - - Bed and breakfast or suite - - 2 spaces plus 1 space per rentable room - - Childcare (commercial) - - 1 space for every 10 children permitted based on total gross floor area and facilities; drop off area - - Hotel/motel - - 1 space per room or suite - - Restaurants (high turnover) - - 1 space per 3 seats - - Restaurants (sit down) - - 1 space per 4 seats - - Retail (general and specialty) - - 1 space per 250 gsf (gross square feet) - - Retail (home furnishings/home improvement) - - 1 space per 600 gsf - - Taverns - - 1 space per 4 seats table space, 1 space per 2 bar seats - - Theaters and other assembly - - 1 space per 4 seats - - Veterinary clinic - - 1 space per 400 gsf - - **Industrial** - - Manufacturing/assembly/fabrication - - 1 space per 800 gsf of active production area - - Warehousing/distribution - - 1 space per 2,000 gsf - - **Office** - - General/agency/professional office - - 3 spaces per 1,000 gsf - - Medical/dental - - 1 space per 250 gsf - - **Public/Semi-Public** - - Churches - - 1 space per 4 seats in main assembly area - - Government offices - - Determined by function - - Recreation center/facility - - Determined by function - - **Residential** - - 1 bedroom units, including “efficiency apartments” - - 1 space per unit - - Accessory residential unit (ARU) - - 1 space per unit - - All other multi-family units - - 1.5 spaces per unit - - Multi-family elderly - - 1 space per unit - - One- and two-family residential, including town homes, manufactured, and mobile units - - 2 spaces per unit - -7. _Handicap accessible parking_. - 1. _Handicap accessible spaces required_. Handicap accessible off-street parking shall be required according to the following schedule: + **Exhibit 36-5** **Layout of Standard and Van Accessible Parking Spaces** - - **Total Spaces Provided** - - **Handicap Accessible Spaces (Minimum)** - - 5 to 20 - - 1 - - 21 to 40 - - 2 - - 41 to 65 - - 3 - - 65+ - - 3% of total spaces required - - 2. _Van accessible spaces_. One out of each eight accessible spaces provided, but at least one space in each parking facility, shall be van accessible. - 3. _Location_. Accessible parking spaces shall be located so as to provide the shortest accessible route to a primary building entrance. - 4. _Curb ramps and accessible routes_. Curb ramps and accessible routes shall be provided which allow unobstructed travel from an accessible parking space to an accessible entrance. Parked vehicle overhangs shall not reduce the clear width of an accessible route. Parking spaces and access aisles shall not exceed 2% grade in all directions. - 5. _Signage_. Each accessible space shall be identified by a sign showing a universal symbol of accessibility (wheelchair). Van accessible spaces shall have an additional sign (“van accessible”) mounted below the accessibility symbol. Each sign shall be no smaller than one-foot by one-foot and shall be located at the end of the space at a height between four feet and seven feet. The sign(s) may be either wall mounted or freestanding. In addition, a painted accessibility symbol shall be painted directly onto the parking lot surface within the accessible space(s). - 6. _Dimensional standards_. All handicap accessible spaces shall be a minimum of 20 feet in length. Where two spaces share an accessible area, the minimum stall width shall be eight feet, and the width of the common accessible area shall also be eight feet. - - **Exhibit 36-5** **Layout of Standard and Van Accessible Parking Spaces - ** ![](https://s3-us-west-2.amazonaws.com/municipalcodeonline.com-new/choteau/ADC/images/ordinance/1647630366_Choteau,%20MT%202.png) This illustration shows one van accessible space and one car/truck space utilizing a common accessible area. The width of each space is eight feet. At least one van accessible space is required in each parking facility. 8. _Dimensional standards_. This division sets forth standards for the length and width of parking stalls and drive areas. 1. _Parallel spaces_. Parking spaces designed parallel to a curb or wall shall be at least ten feet in width and 22.5 feet in length. - 2. _Ninety degree spaces_. All 90-degree parking spaces (perpendicular to the aisle) shall be at least ten feet in width and 20 feet in length. The two-way aisle shall be not less than 24 feet in width. + 2. _Ninety-degree spaces_. All 90-degree parking spaces (perpendicular to the aisle) shall be at least ten feet in width and 20 feet in length. The two-way aisle shall be not less than 24 feet in width. 3. _Sixty and 45-degree spaces_. All 60- and 45-degree parking spaces (angle from the aisle) shall be at least ten feet in width and 20 feet in length. A one-way aisle shall be 15 feet in width and a two-way aisle shall be not less than 22 feet wide. (Prior Code, § 9-4-9) (Ord. 304, passed 4-10-2012) Penalty, see § 153.99 -[153.59 Design Standards](https://choteau.municipalcodeonline.com/book?type=ordinances#name=153.59_Design_Standards) - -1. _Residential design standards_. - 1. _Orientation_. Each primary single-family detached residence shall have a main entry facing the street from which the structure is addressed and draws its legal access. - 2. _Eaves_. All residential structures with pitched roofs shall have eaves not less than 12 inches. - 3. _Facade materials_. Residential structures shall not be sided with materials that are decidedly industrial in character. Materials such as uncoated metal, unpainted block masonry, split faced masonry, and synthetic stucco may be used for trim or architectural embellishment, but may not be used as primary facade materials. Wood, brick, or stone (including synthetic stone) are preferred materials. - 4. _Covered entryways_. The main entryway to a residential structure shall be shielded by a canopy, eave, or similar structure that extends from the exterior wall not less than four feet. -2. _CB design standards and guidelines_. - 1. _Purpose_. The purpose of this division is to set forth basic design standards for certain specific elements of downtown built environment. These standards are intended to protect the downtown’s unique character and qualities while stimulating and protecting investment, and allowing the architect or designer the latitude to develop a creative response to any design issue. Where standards use terms such as “must”, “required”, or “shall be”, they are mandatory. Where terms such as “encouraged”, “preferred”, “may” or “optional” are used, the standard is considered a guideline and is voluntary. These standards and guidelines apply to the central business zoning district only. - 2. _Front setbacks and exceptions_. All primary structures are required to have a front setback from zero to five feet. The Zoning Administrator is empowered to grant an exception for a front setback of no more than 15 feet then the space between the principal structure and the front property line is designated on the zoning permit site plan as being used for outdoor dining, for public art, or for use as a plaza or other public gathering place. An increased front setback to allow parking in front of a structure is expressly prohibited. - 3. _Exterior building materials_. Acceptable exterior building materials for the fronts (street facing) of primary structures include wood and manufactured woodgrain hardboard, brick, split faced block, decorative (painted or coated) metal siding, and stone, including manufactured stone. Acceptable materials for the sides and rear of primary structures and for accessory structures include smooth painted concrete or cinder block, finished metal siding of all types, synthetic stucco, exterior insulated finish system, and vinyl exterior finishes of all types. - 4. _Exterior colors_. A wide variety of colors are acceptable in the CB District, including muted colors with a pastel or earth tone hue and all finished natural wood colors. Fluorescent or Day-Glo colors of any shade are prohibited. Bright and heavily saturated primary colors are encouraged for trim and architectural embellishments only. - 5. _Entryways_. A building’s primary door and entrance shall be located in the principal facade of the structure, and shall be oriented toward the street. The primary entrance must be readily apparent as a prominent architectural component. Entryways should be recessed from the front property line so that patrons have a queuing area out of the pedestrian flow. The recessed area must be at a minimum one and one-half times the width of the door to avoid a corridor like effect. Doors shall permit clear two-way visibility, and wood and glass are preferable materials. - 6. _Windows_. Street level windows are required of all structures, including the sides of structures occupying corner lots. Windows shall begin at least three feet above the sidewalk and may extend vertically to the top of the first level. Street level windows shall be designed to engage the pedestrian and invite visual inspection of the interior of the establishment, as well as to view displays of merchandise. Stenciled signage or other signage types that allow visual penetration through the lettering is encouraged. Reflective glazing is expressly prohibited. Windows may be recessed to allow patrons to view displays out of the pedestrian flow. Bay windows may not extend into the right-of-way (sidewalk area). Unframed windows are not permitted unless set into a brick or stone like facade. - 7. _Modulation_. Segments of plain or uniformly treated storefronts that are out of context with adjacent or nearby buildings are prohibited. Such treatments may be avoided or mitigated through modulation. In architectural terms, modulation is a technique for visually dividing the facade so that it takes on the appearance of distinctly different structures or portions of structures. This architectural technique is used to add visual interest to long storefronts or to other structures that occupy a significant segment of a downtown block. Visual interest can also be achieved through repeating architectural features, such as windows and the elements that frame them, and through recesses, off-sets, and other variations in plane sufficient to add shadow lines or depth to the facade. - 8. _Lighting_. Outside lighting should be minimal, and downtown businesses are encouraged to rely on ambient lighting provided by streetlights for the safe illumination of the sidewalk area. Low wattage lighting may be used to highlight an entryway provided no glare is cast out onto the sidewalk. Merchants are also encouraged to illuminate window displays and interior spaces provided that no glare is cast onto the sidewalk area. Flashing or strobe type lighting is prohibited. - 9. _Fencing_. Chainlink and other types of metal fencing shall not be visible from the street or sidewalk. -3. _BR design standards and guidelines_. - 1. _Purpose_. The purpose of this division is to set forth basic design standards for certain specific elements of the business residential transition area that lies between the CB and the city’s traditional residential neighborhoods. Like the CB standards, these standards are intended to protect the character and qualities of the transition area, and stimulate investment while allowing the architect or designer the latitude to develop a creative response to any design issue. Where standards use terms such as “must”, “required”, or “shall be”, they are mandatory. Where terms such as “encouraged”, “preferred”, “may” or “optional” are used, the standard is considered a guideline and is voluntary. These standards and guidelines apply to the Business Residential Zoning District only. - 2. _Exterior building materials_. The BR transition area is more residential in character than the CB, and this should be reflected in the choice of exterior materials. Acceptable building materials for the fronts (street facing) and sides of buildings include wood and manufactured woodgrain hardboard, brick, painted or coated metal siding, and stone, including manufactured stone. Acceptable materials for the rear of primary structures and for accessory structures include smooth painted concrete (prestress or block), finished metal siding of all types, synthetic stucco, exterior insulated finish system, and vinyl exterior finishes of all types. - 3. _Exterior colors_. A wide variety of colors are acceptable in the BR transition area, including muted colors with a pastel or earth tone hue and all finished natural wood colors. Fluorescent or Day-Glo colors of any shade are prohibited. Bright and heavily saturated primary colors are encouraged for trim and architectural embellishments only. - 4. _Entryways_. A building’s primary door and entrance shall be located in the principal facade of the structure, and shall be oriented toward the street. The primary entrance must be readily apparent as a prominent architectural component, and may include a porch, deck, or other outdoor living space, and merchandise may be displayed in this area. Secondary entries and exits may be provided at the sides and rear of buildings. - 5. _Windows_. Lower level windows are required in all primary buildings, and shall be viewable by pedestrians on the public way in front of the property. Lower level windows shall be designed to engage the pedestrian and invite visual inspection of the interior of the establishment, as well as to view displays of merchandise. Stenciled signage or other signage types that allow visual penetration through the lettering is encouraged. Reflective glazing is prohibited, but awnings and window coverings to shade the morning or afternoon sun are allowed. Unframed windows are not permitted unless set into a brick or stone like facade. - 6. _Lighting_. Outside lighting should be residential like in intensity and direction, and should be used primarily to highlight entryways and outdoor spaces. Direct glare visible from the public way and trespass lighting onto adjacent properties are prohibited. - 7. _Fencing_. Chainlink and other types of metal fencing (except for wrought iron) shall not be visible from the adjacent street or sidewalk. -4. _HB design standards and guidelines_. - 1. _Purpose_. The purpose of this division is to set forth basic design standards for certain specific elements of the highway business areas of the city that lie mostly on the fringes of town and generally encompass the “gateway” areas of the community. These gateway areas most often establish a first and lasting impression of the community. Therefore, a uniformly high standard of planning and design for the built environment of these areas benefits the entire community. Like other standards in this chapter, these standards are intended to set planning and design benchmarks and to stimulate and protect private investment, while allowing the architect or designer the latitude to develop a creative response to any design issue. Where standards use terms such as “must”, “required”, or “shall be”, they are mandatory. Where terms such as “encouraged”, “preferred”, “may” or “optional” are used, the standard is considered a guideline and is voluntary. These standards and guidelines apply to the Highway Business Zoning District only. - 2. _Exterior building materials_. A wide variety of exterior materials is acceptable for use in HB, including, but not necessarily limited to: - 1. Stone, including synthetic stone; - 2. Wood, both natural and woodgrain hardboard products; - 3. Concrete and cinder block, provided it is painted; - 4. Split face masonry; - 5. Stucco/Dryvit finishes; and - 6. Metal that is painted or otherwise coated. Unfinished metal or galvanized finishes are not acceptable, and Quonset style buildings are not acceptable in HB. - 3. _Exterior colors_. A wide variety of colors are acceptable in the HB District, including muted colors with a pastel or earth tone hue and all finished natural wood colors. Fluorescent or Day-Glo colors of any shade are prohibited. Bright and heavily saturated primary colors are encouraged for trim and architectural embellishments only. - 4. _Entryways_. A building’s primary door and entrance shall be located in the principal facade of the structure, and shall be oriented toward the street. The primary entrance must be readily apparent as a prominent architectural component, and may include a porch, deck, or other outdoor living space, and merchandise may be displayed in this area. Secondary entries and exits may be provided at the sides and rear of buildings. - 5. _Windows_. Lower level windows are encouraged, but not required, in all primary buildings. Lower level windows should be designed to engage the pedestrian and invite visual inspection of the interior of the establishment, as well as to view displays of merchandise. Stenciled signage or other signage types that allow visual penetration through the lettering is encouraged. Reflective glazing is prohibited, but awnings and window coverings to shade the morning or afternoon sun are allowed. Unframed windows are not permitted unless set into a brick or stone like facade. - 6. _Lighting_. Outside lighting should be of sufficient intensity and suitable for an environment in which both vehicles and pedestrians will be present. Parking lot lighting is encouraged, but industrial and highway type fixtures are not permitted. Maximum height of light standards should be no more than 20 feet, and cutoff luminaires are required. Lighting elsewhere should be used primarily to highlight entryways and outdoor spaces. Direct glare visible from the public way and trespass lighting onto adjacent properties are prohibited. - 7. _Fencing_. Chainlink and other types of metal fencing shall not be visible from the adjacent street or sidewalk. - -(Prior Code, § 9-4-10) (Ord. 304, passed 4-10-2012) Penalty, see § 153.99 - [153.60 Fencing Standards](https://choteau.municipalcodeonline.com/book?type=ordinances#name=153.60_Fencing_Standards) Fences and retaining walls are allowed as accessory structures in all zoning districts, subject to zoning permits. The following standards must be met: 1. _Fencing_. - 1. _Height; materials_. In all residential districts, in residential PUDs, and in the BR District, no fence, hedge, or freestanding wall (not part of a building) located within or bounding a required front setback, may exceed 42 inches in height. Fencing other than in the front setback shall not exceed six feet in height. Allowable fencing materials and designs include: + 1. _Height; materials_. In the R Residential District, no fence, hedge, or freestanding wall (not part of a building) located within or bounding a required front setback, may exceed 42 inches in height. Fencing other than in the front setback shall not exceed six feet in height. Allowable fencing materials and designs include: 1. Wood or vinyl (including PVC) picket or rail fencing; 2. Within required front setbacks, wood or vinyl board fencing must maintain a minimum space of one inch between boards. Wood and vinyl board fencing elsewhere may be 100% sight obscuring; 3. Wood or vinyl board on board fencing provided that boards on opposite sides of stringers do not overlap; - 4. Chainlink and woven metal fencing; and + 4. Chain-link and woven metal fencing; and 5. Other similar materials and designs as approved by the Zoning Administrator. 2. _Institutional security fencing_. Open security fencing up to six feet in height may be allowed by the Zoning Administrator for schools, correctional facilities, and other public and quasi-public institutions when necessary for the safety or restraint of the occupants thereof, without regard to the setbacks specified in division (A)(1) above. 3. _Obstruction at intersection_. No portion of any fence shall pose a visual obstruction at any street intersection. (See § 153.63 of this chapter for standards.) 4. _Ornamental pedestrian entries_. Ornamental pedestrian entries, such as arches or arbors, shall not exceed ten feet in height. 5. _Vehicular entries_. Vehicular entries for subdivisions, parks, and development projects shall not exceed 20 feet in height and 36 feet in width. - 6. _Wire products_. In all residential districts, residential PUDs, and in the BR and CB Districts, barbed wire, razor wire, concertina wire, and similar wire products are not allowable fencing materials. + 6. _Wire products_. In the Residential District, CB District, barbed wire, razor wire, concertina wire, and similar wire products are not allowable fencing materials. 7. _Open security fencing_. In the CB, HB and GI Districts, for commercial and industrial storage areas located in side or rear yards, open security fencing may be constructed up to eight feet in height and may be topped with barbed wire. The barbed wire course is calculated as part of the allowable fence height. - 8. _Wildlife exclusion fencing_. Wildlife exclusion fencing up to eight feet in height is allowed for gardens, haystack yards, and similar areas, provided that the guidelines set forth in “A Landowners Guide to Wildlife Friendly Fences: How to Build Fence with Wildlife in Mind” are followed. - 9. _Fences in excess of six feet_. Any fence, or any portion of a fence, such as entryways and arbors, that exceeds six feet in height, is subject to a building permit. + 8. _Fences in excess of six feet_. Any fence, or any portion of a fence, such as entryways and arbors, which exceeds six feet in height, is subject to a building permit. 2. _Retaining walls_. Retaining walls over four feet in height require a building permit. (Prior Code, § 9-4-11) (Ord. 304, passed 4-10-2012) Penalty, see § 153.99 [153.61 Use Of Land](https://choteau.municipalcodeonline.com/book?type=ordinances#name=153.61_Use_Of_Land) -No use of land shall be permitted or allowed within the city that is in violation of federal, state or local law. +No use of land shall be permitted or allowed within the city that is in violation of federal, state, or local law. (Prior Code, § 9-4-12) (Ord. 314, passed 8-22-2017) Penalty, see § 153.99 @@ -1277,37 +891,36 @@ No use of land shall be permitted or allowed within the city that is in violatio 2. _Nonconforming lots_. 1. Legal lots of record that previously existed on the effective date of these regulations that do not conform to these regulations due to lot area, width, or other dimensional standard, may continue to exist as legally nonconforming lots under these regulations. 2. Nonconforming lots may be developed for any of the principal permitted, accessory, and conditional uses allowed by the applicable zoning district. - 3. Nonconforming lots are subject to all standards of the applicable zoning district, including setbacks, floor area ratios, landscape ratios, and structural height limits. + 3. Nonconforming lots are subject to all standards of the applicable zoning district, including setbacks, and structural height limits. 3. _Nonconforming land uses_. 1. Any land use that previously existed on the effective date of these regulations, conformed to the prior regulations, but does not conform to these regulations, may continue to exist as a legally nonconforming land use. 2. No such nonconforming use shall be enlarged nor extended to occupy a greater area of land or structure than was occupied on the effective date of these regulations. 3. No such nonconforming use shall be moved in whole or in part to any portion of the lot or parcel other than that occupied on the effective date of these regulations. - 4. If any such nonconforming use is discontinued for any reason for a period of one year (calendar date to calendar date), or three years in the case of nonresidential uses in the B Residential District, any subsequent use of the subject property and/or structure shall conform to these regulations. + 4. If any such nonconforming use is discontinued for any reason for a period of one year (calendar date to calendar date), or three years in the case of nonresidential uses in the R Residential District, any subsequent use of the subject property and/or structure shall conform to these regulations. 5. No additional structure not conforming to these regulations shall be erected in connection with such nonconforming use of land or structures. 4. _Nonconforming structures_. - 1. Any structure that previously existed on the effective date of these regulations, which conformed to the prior regulations, but does not conform to these regulations in terms of height, setbacks, floor area ratio, landscape ratio, or other such standards, may continue to exist as a legally nonconforming structure under these regulations. + 1. Any structure that previously existed on the effective date of these regulations, which conformed to the prior regulations, but does not conform to these regulations in terms of height, setbacks, or other such standards, may continue to exist as a legally nonconforming structure under these regulations. 2. No such nonconforming structure may be enlarged, expanded, or altered in a way that increases its nonconformity, but may be altered to decrease its nonconformity. 3. Should such nonconforming structure be moved for any reason and for any distance, it shall thereafter conform to these regulations. 4. Should any nonconforming structure or nonconforming portion of a structure be destroyed by any means to an extent greater than 50% of its floor area, it shall not be reconstructed except in conformity with these regulations. 5. Nothing in these regulations shall be deemed to prevent the strengthening or restoring to a safe condition of any structure or portion of a structure declared to be unsafe by an official charged with protecting the public safety, upon order of such official. 5. _Nonconforming manufactured homes_. - 1. Consistent with § 153.28 of this chapter, legally existing Class B and Class C manufactured homes in the A Residential Zoning District may only be replaced by a Class A manufactured home or a site built dwelling unit. In addition to this requirement, all Class B and C manufactured homes in the A Residential Zoning District are subject to applicable provisions from divisions (C) and (D) above. - 2. Consistent with § 153.29 of this chapter, legally existing Class B and Class C manufactured homes in the B Residential Zoning District may only be replaced by a Class A or B manufactured home or a site built dwelling unit. - + 1. Consistent with § 153.28 of this chapter, legally existing Class B and Class C manufactured homes in the R Residential Zoning District may only be replaced by a Class A manufactured home or a site built dwelling unit. In addition to this requirement, all Class B and C manufactured homes in the R Residential Zoning District are subject to applicable provisions from divisions (C) and (D) above. + (Prior Code, § 9-4-13) (Ord. 304, passed 4-10-2012) Penalty, see § 153.99 [153.63 Corner Visibility](https://choteau.municipalcodeonline.com/book?type=ordinances#name=153.63_Corner_Visibility) 1. _Corner visibility triangle_. Every street intersection shall have associated with it a corner visibility triangle. This area shall be created by extending the curb lines (or edge of pavement where there are no curbs) to an imaginary point in the street where the lines intersect. From that point, 30 feet is measured back along each line, then a line across both ends is drawn to close the triangle. In most cases, this triangular area will include both public right-of-way and private property adjacent to the right-of-way. 2. _Visibility standards_. Within the corner visibility triangle, there shall be no continuous obstructions between the heights of 30 inches and ten feet, as measured from the adjacent road surface. This includes landscaping, fencing, and structures of all kinds. -3. _Applicability_. This standard applies to streets of all functional classifications, but does not apply to intersections of a street and an alley. +3. _Applicability_. This standard applies to streets of all functional classifications but does not apply to intersections of a street and an alley. (Prior Code, § 9-4-14) (Ord. 304, passed 4-10-2012) [153.64 Major Recreational Equipment](https://choteau.municipalcodeonline.com/book?type=ordinances#name=153.64_Major_Recreational_Equipment) 1. _Parking and storage_. Major recreational equipment shall not be parked or stored in any required front or side yard other than a driveway that provides direct access from the street to a garage or carport. However, major recreational equipment may be parked anywhere on residential property for the purpose of loading or unloading for a period not to exceed 24 hours. Major recreational equipment may be parked or stored in bona fide commercial storage facilities that meet the standards of these regulations. -2. _Use as living or sleeping quarters_. Major recreational equipment shall not be used for sleeping, living, housekeeping, or any commercial purpose (including home-based business) when parked or stored on property within a residential zoning district. Use of major recreational equipment as an ARU or as guest quarters is expressly prohibited. +2. _Use as living or sleeping quarters_. Major recreational equipment shall not be used for sleeping, living, housekeeping, or any commercial purpose (including home-based business) when parked or stored on property within a residential zoning district. Use of major recreational equipment as an accessory residential unit (ARU), short term vacation rental or as guest quarters is expressly prohibited. (Prior Code, § 9-4-15) (Ord. 304, passed 4-10-2012) Penalty, see § 153.99 @@ -1339,7 +952,7 @@ No use of land shall be permitted or allowed within the city that is in violatio [153.75 Zoning Permit Required](https://choteau.municipalcodeonline.com/book?type=ordinances#name=153.75_Zoning_Permit_Required) -A zoning permit shall be required for any construction, reconstruction, addition, relocation of a structure, or change of land use, and for permanent signs of all kinds. Subdivisions are not subject to zoning permits, but shall be designed, reviewed, and approved pursuant to the State Subdivision and Platting Act, being MCA §§ 76-3-101 et seq., and local subdivision regulations in effect for the city. Interior modifications of structures, and any other renovations that do not increase the floor area of a structure or cause expansion of the structure in any way, are not subject to zoning permits. Agricultural buildings associated with bona fide agricultural operations are not subject to zoning permits, but such structures must meet any applicable requirements of this chapter. Zoning permits shall be applied for on a form provided by the city, and are reviewed according to procedures established by the city. +A zoning permit shall be required for any construction, reconstruction, addition, relocation of a structure, or change of land use, and for permanent signs of all kinds. Interior modifications of structures, and any other renovations that do not increase the floor area of a structure or cause expansion of the structure in any way, are not subject to zoning permits. Agricultural buildings associated with bona fide agricultural operations are not subject to zoning permits, but such structures must meet any applicable requirements of this chapter. Zoning permits shall be applied for on a form provided by the city and are reviewed according to procedures established by the city. (Prior Code, § 9-2-1) (Ord. 304, passed 4-10-2012) @@ -1389,7 +1002,7 @@ If the work described in the zoning permit has not begun within one year from th 1. That the initial application and/or representations made by the applicant in connection with the application were fraudulent or otherwise inaccurate or misleading to the extent that the decision to grant the zoning permit was based upon or influenced by said application or representations; and 2. That operation of the authorized use or development has become a public nuisance and/or an imminent threat to the public health, safety, and general welfare. 4. The City Council may revoke a zoning permit upon approval of a motion by simple majority where findings and cause for the revocation are set forth in the motion to revoke. -5. The applicant shall be notified of the revocation action through a cease and desist order issued by the Zoning Administrator. +5. The applicant shall be notified of the revocation action through a cease-and-desist order issued by the Zoning Administrator. (Prior Code, § 9-2-7) (Ord. 304, passed 4-10-2012) @@ -1405,25 +1018,25 @@ If the work described in the zoning permit has not begun within one year from th 1. Any interpretation of these regulations or any decision made by the Zoning Administrator pursuant to these regulations may be appealed to the Board of Adjustment (BOA) following the procedures set forth below. Such appeal shall be taken within a reasonable time as provided by the rules of the Board. 1. The appellant shall file a written appeal on a form provided by the city and shall provide all relevant supporting information. A filing fee shall be paid by the appellant. - 2. Upon receipt of the appeal, the Zoning Administrator shall publish a notice in the official city newspaper at least ten days prior to the next scheduled meeting of the Board of Adjustment, and shall place the appeal on the Board’s agenda for that meeting. The Board must meet within 25 business days of an appeal filed with the Zoning Administrator. + 2. Upon receipt of the appeal, the Zoning Administrator shall publish a notice in the official city newspaper at least ten days prior to the next scheduled meeting of the Board of Adjustment and shall place the appeal on the Board’s agenda for that meeting. The Board must meet within 25 business days of an appeal filed with the Zoning Administrator. 3. The BOA shall conduct a hearing on the appeal following procedures set forth in the Board’s adopted rules of procedure. No appeal shall be heard if the appellant or a representative is not present. If the appeal involves an action taken or permit granted to a third party, such as a property owner or development, no hearing shall be conducted unless the third party is present. 4. Based upon relevant findings and conclusions, the BOA may uphold, overturn, or modify the action or interpretation made by the Administrator. The BOA shall take final action within 20 business days of the initial opening of the public hearing. 5. The Zoning Administrator shall notify the appellant and other interested parties in writing of the BOA’s decision within five business days. 6. Any decision of the BOA may be appealed to district court as provided in MCA § 76-2-327. Notice of intent to file an appeal shall halt all proceedings by the Zoning Administrator to carry out the BOA decision, unless in the judgment of the Zoning Administrator, such action is imperative due to imminent public health or life safety concerns. -2. When in the judgment of the Zoning Administrator, his or her decision or interpretation of the regulations will affect a specific property or class of properties, and/or have a potentially significant impact on a neighborhood or landscape of the city, the Zoning Administrator shall notify adjacent property owners via first class mail of his or her intent to render a decision or interpretation. The letter shall explain the pending decision and shall invite comment for a period of not less than 15 days following the date of the letter. At the end of this comment period, the Zoning Administrator may officially render the decision or interpretation, and communicate it in writing to all parties involved. Once the decision or interpretation is finalized, the decision or interpretation may be appealed to the Board of Adjustment through the procedure set forth in division (A) above. +2. When in the judgment of the Zoning Administrator, his or her decision or interpretation of the regulations will affect a specific property or class of properties, and/or have a potentially significant impact on a neighborhood or landscape of the city, the Zoning Administrator shall notify adjacent property owners via first class mail of his or her intent to render a decision or interpretation. The letter shall explain the pending decision and shall invite comment for a period of not less than 15 days following the date of the letter. At the end of this comment period, the Zoning Administrator may officially render the decision or interpretation and communicate it in writing to all parties involved. Once the decision or interpretation is finalized, the decision or interpretation may be appealed to the Board of Adjustment through the procedure set forth in division (A) above. (Prior Code, § 9-2-9) (Ord. 304, passed 4-10-2012) [153.84 Variances](https://choteau.municipalcodeonline.com/book?type=ordinances#name=153.84_Variances) -The Board of Adjustment (BOA) may, in specific cases, grant relief from the standards and requirements of these regulations as set forth in MCA § 76-2-323. +The Board of Adjustment (BOA) may, in specific cases, grant relief from the dimensional standards of these regulations as set forth in MCA § 76-2-323. Variances shall not be granted for a change in permitted or conditional uses 1. The applicant shall apply for a variance on a form supplied by the city. The applicable filing fee shall be paid and all relevant supporting materials shall be submitted. 2. Upon receipt of the application, the Zoning Administrator shall publish a notice in the official city newspaper at least 15 calendar days prior to the next regular meeting of the Board of Adjustment and shall place the variance on the Board’s agenda for that meeting. -3. The Zoning Administrator shall notify all property owners within 150 feet of the subject property by regular first class mail at least 15 calendar days prior to the date of the hearing by the BOA. +3. The Zoning Administrator shall notify all property owners within 150 feet of the subject property by regular first-class mail at least 15 calendar days prior to the date of the hearing by the BOA. 4. The BOA shall conduct a hearing on the proposed variance following procedures set forth in the Board’s adopted rules of procedure. No hearing shall be conducted if the applicant or a representative is not present. 5. In applying the provisions of MCA § 76-2-323(1)(c), the BOA may only grant relief upon a finding that the following criteria are met in substance as they may apply to the application: - 1. The variance is necessitated due to exceptional and/or extraordinary circumstances or conditions that are unique to the subject property, and are not generally characteristic of similarly situated properties; + 1. The variance is necessitated due to exceptional and/or extraordinary circumstances or conditions that are unique to the subject property, and are not generally characteristic of similarly situated properties; 2. Approval of the variance(s) will preserve a property right or use that is generally enjoyed by owners of similarly situated properties, and conversely, approval of a variance will not bestow a special privilege on the applicant that is not generally enjoyed by the owners of similarly situated properties; 3. The alleged hardship has not been created by the applicant; 4. Specific relief from the code shall be the minimum necessary; and @@ -1444,7 +1057,7 @@ The Board of Adjustment (BOA) may, in specific cases, grant relief from the stan 2. Keep complete, accurate, and secure records; 3. Accept applications and appeals, and ensure their appropriateness and completeness; 4. Update these regulations and the official zoning map as directed by the City Council; - 5. Report to the Planning Board and City Council any recommendations for amendments and improvements to these regulations, and the procedures contained herein; + 5. Report to the Zoning Commission and City Council any recommendations for amendments and improvements to these regulations, and the procedures contained herein; 6. Interpret these regulations as they apply to specific properties and developments, with the proviso that the Zoning Administrator does not have the authority to alter these regulations as they may apply to a specific property or to grant relief from the provisions of these regulations; 7. Determine the location of any zoning district boundary; 8. Render lawful similar use rulings for uses not specifically listed in the use table for the applicable zoning district; @@ -1517,33 +1130,59 @@ The Board of Adjustment (BOA) may, in specific cases, grant relief from the stan (Prior Code, § 9-2-15) (Ord. 304, passed 4-10-2012) -[153.90 Amendments To The Growth Policy](https://choteau.municipalcodeonline.com/book?type=ordinances#name=153.90_Amendments_To_The_Growth_Policy) +[153.90 Conditional Uses](https://choteau.municipalcodeonline.com/book?type=ordinances#name=153.90_Amendments_To_The_Growth_Policy) +1) Purpose: This section establishes standards and required Findings of Fact for Conditional Uses. The purpose of Conditional Uses is to allow uses that may be suitable in some but not all locations in the zoning district in which they are allowed or require special consideration because of unusual operational or physical characteristics or must be designed and developed with conditions to assure compatibility with adjoining uses. -1. Pursuant to MCA § 76-1-601, the city growth policy shall be reviewed at least every five years. This review shall be conducted by the Choteau-Teton County City-County Planning Board in cooperation with the city. Results of the review shall be summarized in a written report to the City Council and citizens of the city. Should the City Council opt to revise the growth policy, procedures set forth in MCA §§ 76-1-602 to 76-1-604 shall be followed. -2. An amendment to or review of the growth policy may be requested at any time by any individual, group of individuals, business, corporation, or other organization, whether or not it is located within the city. Such request shall be in writing, shall clearly describe the need for review or amendment, including relevant data, and shall be submitted to the Zoning Administrator, who shall forward the request to the City-County Planning Board. -3. At its option, and for good cause shown, the City-County Planning Board may: - 1. Proceed with a review or amendment process based upon the written request; or - 2. Hold the request until the next scheduled growth policy review. The Board shall notify the originator of the request and the City Council in writing as to their decision. -4. At any time, and for good cause shown, the City Council may direct a review or initiate an amendment to the growth policy. +A Conditional Use Permit (CUP) may be granted to allow a Conditional Use only for a use listed as a “Conditional” use in an Allowed Uses table and only after the Zoning Commission has made Findings of Fact that the Conditional Use complies with the following standards. The following standards apply in addition to standards of general applicability. + +2) Findings of Fact: The Zoning Commission shall make Findings of Fact that a Conditional Use complies with the following standards as a prerequisite to granting a CUP. + 1) Consistent with Growth Policy: The Conditional Use is consistent with the policies, goals, objectives, and strategies of the City of Choteau Growth Policy. + 2) Compatibility: The Conditional Use is compatible with the character of the immediate vicinity including the bulk, scale, and general appearance of neighboring buildings and uses. + 3) Minimizes Adverse Impact: The design, development, and operation of the Conditional Use minimize and mitigate adverse effects, including visual impact of the proposed use on adjacent lands. + 4) Minimizes Adverse Environmental Impact: The development and operation of the proposed Conditional Use minimizes adverse environmental impacts. Environmental resources to be assessed include, but are not limited to, wetlands, riparian areas, steep slopes, mature vegetation, and the floodplain. + 5) Impact on Public Facilities and Services: The Conditional Use does not have a significant adverse impact on public facilities and services, including, but not limited to, transportation systems, potable water and wastewater facilities, storm drainage, solid waste and recycling, parks, trails, sidewalks, schools, police, fire, and EMT facilities. + 6) Hazard, Nuisance: The proposed Conditional Use will not create a hazard to persons or property and will not create a nuisance arising from, but not limited to, traffic, noise, smoke, odors, dust, vibration, or illumination. + +3) Mitigation: The Zoning Commission may require reasonable mitigation for the impacts identified in subsection B above for any proposed CUP. Mitigation may include but is not limited to landscaping, vegetative screening, parking areas, street construction, sidewalks, limits on signage etc. + +4) Other Codes: The Conditional use complies with all applicable City codes and ordinances. + +5) Run with the Land: An approved CUP shall run with the land and may be transferred to another owner. + +6) Expiration, Discontinuance or Abandonment: An approved CUP shall expire on the one (1) year anniversary date of approval if the permit is not put to use, unless an alternate timeline is established in the development approval. If a Conditional Use is operationally discontinued or abandoned for a period of more than twelve (12) consecutive months, regardless of the removal or non-removal of furniture/equipment or any intention to resume such activity in the future, the Conditional Use may not be reestablished or resumed. Any subsequent use of the site shall conform to this Code. -(Prior Code, § 9-2-16) (Ord. 304, passed 4-10-2012) [153.91 Zoning Administrator Responsible For Enforcement](https://choteau.municipalcodeonline.com/book?type=ordinances#name=153.91_Zoning_Administrator_Responsible_For_Enforcement) -The Zoning Code Administrator shall be responsible for the enforcement of all requirements and standards set forth in these regulations. +The Zoning Code Administrator shall be responsible for the enforcement of all requirements and standards set forth in these regulations. The Zoning Code Administrator shall be designated by the City Council. (Prior Code, § 9-2-17) (Ord. 304, passed 4-10-2012) -[153.92 Enforcement Protocol To Be Established](https://choteau.municipalcodeonline.com/book?type=ordinances#name=153.92_Enforcement_Protocol_To_Be_Established) +[153.92 Enforcement Process](https://choteau.municipalcodeonline.com/book?type=ordinances#name=153.92_Enforcement_Protocol_To_Be_Established) -In order to ensure consistency and fairness in the enforcement process, the Zoning Administrator shall establish and follow an enforcement protocol. At a minimum, this protocol shall include the following. +1) The purpose and intent of this section is to ensure compliance with the Zoning Code and obtain corrections of violations that may occur. It also establishes remedies and penalties that apply to violations of this Code. +2) The standards, guidelines and procedures of this Code shall be enforced by the Mayor and City Council of the City of Choteau through its authority to abate any violations and enjoin and restrain any person violating this Code pursuant to Montana law. +3) Violations: Any of the following shall be a violation of this Code and shall be subject to the remedies and penalties provided by this Code. + 1) Establish Use, Structure or Sign Without Permit or Approval: To establish or place any use, structure or sign upon land that is subject to this Code without all required approvals, permits and certificates. + 2) Development Without Permit or Approval: To develop, construct, remodel, expand or any other activity of any nature that is subject to this Code without all required approvals, permits and certificates. + 3) Establish Use or Development Inconsistent with Permit: To engage in a use or develop, construct, remodel or expand a structure or sign, or any other activity of any nature that is inconsistent with the terms and conditions of any permit, approval, certificate, or any other form of authorization required for such activity. + 4) Establish Use or Development Inconsistent With Code: To use, construct, erect, remodel, expand, maintain, or move any building, structure or sign in violation of any provision of this Ordinance. + 5) Create A Nonconforming Condition: To reduce or diminish any lot area or structure setback, or to increase the intensity or density of any use of land or structure, except in accordance with the standards and procedures of this ordinance. +4) Continuing Violations: After the Zoning Administrator issues a written notice of violation to the owner of the land, building, structure, or sign that is the subject of a violation, each calendar day the violation remains uncorrected shall constitute a separate and additional violation of this Code. +5) Responsibility of Enforcement, Compliance: The Zoning Administrator shall have the responsibility to enforce this Code. The owner of the land, building, structure, or sign that is subject to a violation has the responsibility to eliminate the violation and achieve compliance with this Code. +6) Enforcement Procedures: In addition to any additional authorities and procedures provided to the City of Choteau by general or specific law, the following procedures shall apply to the enforcement of this Code: + 1) Inspection: The Zoning Administrator or their designee shall have the authority to enter onto land within the boundaries of the City of Choteau to inspect for violations of this Code. + 2) Withhold Permit: The City may deny or withhold any permit, approval, certificate, or any other form of authorization required by the provisions of this Code upon determining that an uncorrected violation of this Code exists on the land, building, structure, or sign for which a permit or authorization is sought. + 3) Condition a Permit: Instead of withholding or denying a permit or other authorization, the City may grant such authorization subject to the condition that a violation be corrected. + 4) Revocation or Suspension of Permit: The Zoning Administrator may revoke or suspend a permit, approval, certificate, or other authorization upon determining any of the following actions has occurred: + 5) Departure from Plans: The actions of the landowner, contractor, developer, or authorized agent of the owner have departed from the approved plans or specifications, or the conditions or terms of an approved permit or other authorization. + 6) False Representation: The permit, approval, certificate, or other authorization was obtained by false representation or was issued in error. + 7) Violation: A violation exists on the land, building, structure, or sign that is subject to the permit or other authorization. +7) Stop Work Order: The Zoning Administrator may require that work stop on any land, building, structure, or sign that is subject to an uncorrected violation of this Code or the terms or conditions of a permit or other authorization. This Stop Work Order may be issued in conjunction with or separate from a revocation or suspension of a permit. +8) Injunctive Relief: The City may seek an injunction or other equitable relief in court to stop any violation of this Code or the terms or conditions of a permit or other authorization. +9) Abatement: The City may seek a court order in the nature of mandamus, injunction, or other action to abate or remove a violation and to restore the premises to the condition that existed prior to the violation. +10) Civil Remedies: The City may seek civil penalties and other punishment provided by the law. -1. Anyone may file a complaint with the Zoning Administrator regarding a possible violation of these regulations. The complaint may be delivered by any means, including writing, via electronic mail, or by telephone, including text messaging. -2. The Zoning Administrator shall investigate the complaint within a reasonable period of time as established in the protocol. -3. Should the Administrator find that a violation exists, he or she shall notify the responsible party (homeowner, business owner, contractor, and the like) in writing, describing the violation, citing the applicable language in these regulations, and providing a reasonable time for the party to abate the violation as set forth in the enforcement protocol. -4. Should the violation not be abated or otherwise resolved by the end of the time period set forth in the enforcement protocol, the Zoning Administrator shall mail a second notice of violation by certified return receipt requested mail. This notice shall include a second time period in which the violation must be abated and shall give notice that if the violation is not abated in that time period, the matter will be turned over to the City Attorney for prosecution without further notice. - -(Prior Code, § 9-2-18) (Ord. 304, passed 4-10-2012) [153.93 Application For Variance Stays All Abatement Proceedings](https://choteau.municipalcodeonline.com/book?type=ordinances#name=153.93_Application_For_Variance_Stays_All_Abatement_Proceedings) @@ -1566,7 +1205,7 @@ The provisions of §§ 153.93 and 153.94 of this subchapter notwithstanding, if [153.99 Penalty](https://choteau.municipalcodeonline.com/book?type=ordinances#name=153.99_Penalty) 1. Pursuant to MCA § 76-2-315, a violation of the standards and requirements set forth in this chapter is a misdemeanor. Anyone convicted of violating the provisions or conditions of this chapter may be fined not more than $500 or imprisoned for not more than 30 days, or both, and in addition, shall pay all costs and expenses incurred in the case. Each day such violation continues is a separate offense. -2. The owner or tenant of any buildings, structures, premises or part thereof, and any architect, builder, contractor, agent, or other person who commits, participates in, assists in, or maintains such violation may each be found guilty of a separate offense and penalties herein provided. +2. The owner or tenant of any buildings, structures, premises, or part thereof, and any architect, builder, contractor, agent, or other person who commits, participates in, assists in, or maintains such violation may each be found guilty of a separate offense and penalties herein provided. 3. Nothing contained herein prevents the city from taking such other lawful action as is necessary to prevent or remedy any violation. (Prior Code, § 9-2-22) (Ord. 304, passed 4-10-2012)