Title 17

ZONING

Chapters:

17.01 Administrative and Enforcement

17.04 General Provisions

17.08 Use Districts Generally

17.12 "A" Residential District

17.16 "B" Residential District

17.20 Commercial District

17.23 Central Business District

17.24 Industrial District

17.25 Mixed Residential-Commercial District

17.32 Nonconforming Uses

1734 Rezones

17.36 Variance

Chapter 17.01

ADMINISTRATION AND ENFORCEMENT

Sections:

17.01.01 Title.

17.01.02 Authority

17.01.03 Purpose and intent of zoning ordinance.

17.01.05 Jurisdictional area.

17.01.06 Incorporation of official zoning map.

17.01.0 Title

This Ordinance shall be known and cited as the “Zoning Ordinance of the Town of Hot springs, Montana.

17.01.02 Authority

This Zoning Ordinance is adopted under the authority of the Municipal Zoning Enabling Act (76-2-301 through 76-2-328, MCA).

17.01.03 Purpose and intent of Zoning Ordinance

The Purpose of this zoning Ordinance is to update the existing zoning ordinance for the Town and to promulgate and adopt regulations that:

1. Are designed in accordance with a comprehensive plan.

2. Are designed to lessen congestion in the streets.

3. Will secure safety from fire, panic and other dangers.

4. Will protect health and the general welfare.

5. Will provide adequate light and air.

6. Will avoid undue concentration of the population.

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7. Will facilitate the adequate provision of transportation, water, sewage, waste disposal, schools, parks and such other public requirements.

8. Give reasonable consideration to the character of the district, and of the Town, and preservation of the character of the Town.

9. Give reasonable consideration to the district’s peculiar suitability for particular uses.

10. Give reasonable consideration to conserving the value of building.

11. Will encourage the most appropriate use of land throughout the jurisdictional area.

12. Insure that the land uses of the community are properly situated in relation to one another, providing adequate space for each type of development, and preventing problems associated with incompatible uses.

13. Control the density of development in each area of the community so that property can be adequately serviced by such public facilities as streets, schools, recreation and utility systems.

14. Improve the quality of the physical environment of the community.

15. Protect and maintain property values.

16. Preserve and develop the economic base of the community.

17. Encourage the provision of affordable housing for families of all income levels.

17.01.04

17.01.05 Jurisdictional area

The zoning jurisdiction of the Town of Hot Springs shall include all land within the corporate limits of the Town of Hot Springs.

17.01.06 Incorporation of Official Zoning Map

1. The Official Zoning Map of the Town of Hot Springs, Montana, and all notations, references and other information shown on the map are hereby incorporated by reference and made a part of this Ordinance.

2. The Official Zoning Map shall be kept in city Hall, and shall be the controlling authority as to the current status of zoning districts in the Town of Hot Springs.

3. Whenever any changes are made to the district boundaries in accordance with the procedures of the Ordinance, those changes approved by the Town Council shall be promptly entered on the Official Zoning Map, and a signed and dated certification shall be attached to the Map. No amendment to district boundaries shall become effective until those changes are presented to the Town council and approved by them.

4. No changes of any nature shall be made to Official Zoning Map, except in conformity with the procedures specified in this Ordinance.

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Chapter 17.04

GENERAL PROVISIONS

Sections:

17.04.010 Definitions.

17.04.020 Enforcement authority.

17.04.030 Appeals.

17.04.040 Violation--Prosecution.

17.04.050 Violation--Penalty.

17.04.010 Definitions. When used in this title, the following words and phrases shall have the meaning ascribed to them in this section:

"Accessory building" means a subordinate building or portion of the main building which is located on the lot of the main building, and the use of which is clearly incidental to the use of the main building.

"Building" means a structure having a roof supported by columns or walls and which is placed on a permanent foundation for the support or enclosure of persons, animals or chattels.

"Depth of lot" means the horizontal distance between the front and the rear lot lines.

"District" means a section of the town for which the regulations governing the use of buildings and premises are the same.

"Lot" means land occupied or to be occupied by one building and accessory buildings and uses, including open spaces required under this title.

"Lot lines,” means lines bounding a lot.

“Manufactured homes” means a single family dwelling, which is a structure constructed off site with the intention of the same being transferred on wheels and axles in one or more sections. Said home must meet the U.S. Department of Housing and Urban Development code or the Uniform building code, in it’s construction.

"Nonconforming use,” means a use of a building or premises that does not conform with the regulations of the use district in which it is situated.

"Rear yard" means an open space unoccupied except for accessory buildings on the same lot with a main building, between the rear lines of the main building and the rear line of the lot, for the full width of the lot.

"Setback" means the minimum horizontal distance between the street wall of a building and the street line, or the wall of a building and the adjacent lot line.

"Side yard" means an open unoccupied space on the same lot with a building between the building and the side line of the lot extending through from the front building line to the rear yard, or to the rear line of the lot where no rear yard is required.

"Single-family dwelling" means a detached building having accommodations for and occupied by one family only. It also means a detached building used as a foster home, boarding home or community residential facility.

“Street line” means the boundary where the property meets the town right of way.

"Street wall" means the main wall nearest to and fronting on a street, including sun parlors, but not including bay windows or porches which are not closed in, and extend less than five feet from the main wall of the building. (Ord. 1990-36 Section 1, 1990; prior code Section 10-1-01) 17-3

“Temporary structure” means a structure without any foundation or footings and which is removed when the designated time period, activity, or use for which the structure was erected has ceased. A temporary structure must adhere to the same setback requirements as permanent structures, determined by the particular zoning of the property and have a maximum time limit of 18 months, with a provision to apply for a 6 month extension.

“Town” shall mean the Town of Hot Springs, Montana.

17.04.020 Enforcement authority. Prior to locating any improvement on property within the Town limits, the owner of such property shall make application to the City Clerk for a zoning compliance permit on a form supplied therefore. There shall be an application fee as established in the Schedule of Fees of the Town of Hot Springs. The application shall include the property description, the owner of the property, and a narrative description of the proposed improvement. A sketch of the property showing the proposed location of the improvement shall be included with the application. The sketch shall show distances from the improvement to the property boundary. The applicant shall be required to establish property boundaries to the satisfaction of the Zoning Compliance Officer. The Zoning Compliance Officer shall be charged with the enforcement of this title. Amend 1-6-2000 (Prior code Section 10-1-07)

17.04.030 Appeals.

A. Appeal from the rulings of the Zoning Compliance Officer concerning the enforcement of the provisions of this title may be made to the board of adjustment within such time as shall be prescribed by the board as a general rule. The appellant shall file with the board of adjustment a notice of appeal specifying the grounds thereof. The zoning compliance officer shall forthwith transmit to the board all of the papers constituting the record upon which the action appealed was taken.

B. An appeal stays all proceedings in furtherance of action appealed from unless the officer from whom the appeal is taken certifies to the board of adjustment that a proceeding shall not be stayed except by a restraining order from the board of adjustment or from a court of record. (Prior code Section 10-1-08)

17.04.040 Violation--Prosecution. Prosecutions for violation of this title shall be in the police court of the town, upon written complaint of the Zoning Compliance Officer or the town council, or in the Court having the appropriate jurisdiction.

17.04.050 Violation--Penalty. Persons violating any provision of this title shall be subject to the general penalty provided by Montana law, not to exceed One Hundred ($100.00) Dollars per offense and injunctive relief allowable by law, to include reasonable costs of investigation and prosecution. Each day that a violation is permitted to exist shall constitute a separate offense (Prior code Section 10-1-22)

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Chapter 17.16

“B” RESIDENTIAL DISTRICT

Sections:

17.16.010 Conformance with provisions required.

17.16.020 Permitted uses.

17.16.030 Development standards.

17.16.010 Conformance with provisions required. No building shall be erected or altered in a “B” residential district except in conformity with the regulations prescribed in this chapter. (Prior code Section 10-3-02)

17.16.020 Permitted uses. In any “B” residential district, no land shall be used, and no building shall be erected or altered except for the following uses:

A. Any use permitted in an “A” residential district;

B. Manufactured homes and mobile homes of any size that meet or exceed the construction standards promulgated under the Uniform Building Code or by the U.S. Department of Housing and Urban Development (USC 42 Sec. 5401) that were in effect at the time of construction of the home. The tongue, axles, transportation lights and removable towing apparatus shall be removed from any such home within thirty days of it being placed upon the premises and a weather retardant skirting, compatible with the exterior siding shall be installed around the perimeter of said home within sixty days.

C.Apartment houses and multiple-family dwellings;

D.Hospitals;

E.Police Departments;

F.Professional or commercial offices. (Prior code Section 10-3-01)

G.Trailer courts, as defined in Chapter 15.24 of the Municipal Ordinance of Hot Spring

17.16.030 Development standards. In a “B” residential district, the following standards apply:

A. Building Area. No building with its accessory buildings shall be erected or altered so as to occupy more than fifty percent of the area of an interior lot, or more than sixty percent of the area of a corner lot.

B. Rear Yards. Every building shall have a rear yard, the depth of which shall not be less than ten feet for lots less than one hundred fifty feet in depth and not less than twenty feet for lots one hundred fifty feet or over.

C. Side Yards. Two side yards shall be provided on every lot. The width of each side yard shall not be less than 5 feet.

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D. Setback Line. No building shall be erected or altered so as to place its street wall nearer than twenty feet from the street line. No accessory building shall be erected nearer than twenty feet from the street line.

E. Height. No building shall exceed thirty-five feet in height. (Prior code Sections 10-3-03—10-3-07)

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Chapter 17.20

COMMERCIAL DISTRICT

Sections:

17.20.01 Permitted uses.

17.20.02 Prohibited uses.

17.20.03 Screening and buffering

17.20.01 Permitted Uses. In any commercial district, no land shall be used, and no building shall be erected or altered except for the following uses:

A. Any use permitted in an “A” or “B” residential district.

B. Light manufacturing carried on within entirely closed building, and which creates no objectionable noise, odor, smoke fumes, vapor, dust or gas.

C. Residential single family homes may be permitted where such residential use is in support of and attendant to a commercial business or enterprise. A residential single family home shall be defined as a frame dwelling with at least one bedroom and bathroom or a manufactured home of six hundred square feet in size with tongue and axles removed and placed upon a foundation consistent with municipal building codes.

17.20.02 Prohibited uses

A. Storage yards for scrap, bulk or raw materials

B. Railroad yards or roundhouses;

C. Livestock corrals or feed lots;

17.20.03 Screening and Buffering

Whenever a non-residential use or off-street parking area abuts a residential use, the use shall be effectively screened at the property line on all sides which adjoin or face the residential district or institutional use by a sight-obstructing wall, fence or planting screen, acceptable to the Zoning Compliance Officer, not less than 4 feet nor more than six feet in height, and shall be maintained in good condition. No such screen will be required where terrain or other natural features serve that purpose.

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Chapter 17.23

CENTRAL BUSINESS DISTRICT

Sections:

17.23.01 Permitted uses.

17.23.01 Prohibited uses.

17.23.01 Permitted uses.

1. Amusement and recreational facilities in enclosed building and parks.

2. Attached apartments.

3. Auditoriums, theaters.

4. Businesses or services conducted primarily within enclosed buildings.

5. Financial institutions.

6. Government, educational and institutional uses.

7. Professional clinics and offices.

8. Museums and art galleries.

9. Police and fire stations.

10. Libraries

11. Restaurants, excluding drive-in establishments.

12. Bars, taverns, lounges, nightclubs.

13. Senior Citizen centers.

14. Other uses commensurate with the above uses and compatible with the purposes of this District.

17.23.02. Prohibited Uses

1. Detached living quarters.

2. Storage yards for scrap, building or raw materials.

3. Livestock corrals or feed lots

4. All businesses which create objectionable noise, odor, smoke, fumes, vapor, dust or gas.

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INDUSTRIAL DISTRICT

Sections:

17.24.01 Permitted Uses.

17.24.02 Prohibited Uses.

17.24.01 Permitted Uses.

Buildings and premises may be used for any of the following industrial operations as hereinafter defined shall be permitted with Zone “Industrial” of the Town of Hot Springs zoning area:

1. The construction, maintenance, and operation of wood product manufacturing plants.

2. The storage of finished timber products and the movement thereof.

3. The processing of manufactured products.

4. The construction, maintenance and operation of machinery and physical plant for manufacturing purposes.

5. Includes only those industries that manufacture, produce, process, or fabricate materials

17.24.02 Prohibited Uses.

No building or occupancy permit shall be issued for any of the following uses, until and unless, the location of such uses shall have been approved by the Council:

1. Wood pulp or paper processing plant.

2. Acid manufacture.

3. Distillation of bones, coal, or wood.

4. Explosive manufacture or storage.

5. Fat rendering.

6. Fertilizer manufacture.

7. Garbage, offal, or dead animal reduction.

8. Petroleum refining.

9. Smelting of tin, copper, zinc, or iron ores.

10. Stock yards or slaughter animals.

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Chapter 17.25

MIXED COMMERCIAL/RESIDENTIAL DISTRICT

Sections:

17.25.01 Permitted Uses

17.25.01 Permitted Uses: This provides area for a compatible mixture of business and residential land uses.

A. HEIGHT: Buildings shall not be more than 35 feet.

B. FRONT YARD: No front yard in this district shall be required for commercial buildings, but for residential buildings, the front yard regulation for the “B” Residential District shall govern.

C. REAR YARD: No rear yard in this district shall be required for commercial buildings, but for residential buildings, the rear yard regulations for “B” Residential District shall govern.

D. SIDE YARD: No side yard in this district shall be required for commercial buildings, but, for residential buildings, the side yard regulations for “B” Residential Districts shall govern.

E. LOT AREA PER FAMILY: Every building hereafter erected, structurally altered or maintained for residential purposes shall provide a lot area of not less than 7,000 square feet per family.

F. USE: No building, structure or premises shall be used, and no building or structure shall be erected, structurally altered or maintained, unless otherwise provided in this article, except for one or more of the uses listed below. No business, trade or industry shall be permitted in this district which is noxious or offensive by reason of the emission of odor, dust, smoke, gas, vibration or noise, or which imposes any extraordinary hazard to life or property

1. Adult oriented businesses located not less than 500 feet from a church or similar place of worship or a school.

2. Any use permitted in the “B” Residential District along with any specific requirements therein.

3. Apartments, condominiums and townhouses. Apartments or condominiums may or may not be located above retail or business operations. The minimum lot area per family in subsection E above and the design standards located in the “B” residential district do not apply when located above retail or business operations. The minimum living area per family unit is 500 square feet. When one or more residences is located above a business, one off-street parking space per unit is required.

4. Amusement arcade providing games of skill to patrons at a cost where wholly contained within the building.

5. Art galleries and studios

6. Assembly hall

7. Automobile repair shops, garages and sales

8. Bakery

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9. Bank

10. Bar

11. Barber shop/Beauty parlor

12. Boarding house

13. Bowling alley

14. Building supply store

15. Business or professional office

16. Car wash

17. Casino

18. Coffee shop, café, espresso stand

19. Computer services

20. Dry cleaning and dyeing

21. Electronics service and repair

22. Florist shop

23. Feed store

24. Food products or preparation, except such uses as are involved in handling live animals or fowls to finished products.

25. Furniture store

26. Gasoline or oil retail supply station, including filling station

27. Gift store

28. Greenhouse

29. Grocery store

30. Governmental, cultural and institutional facilities

31. Hardware store

32. Health studio, gym

33. Hospitals, clinics and related medical goods and services

34. Hotels, motels and other hospitality and entertainment uses.

35. Ice plant or ice storage for less than 5 tons

36. Laundry

37. Light manufacturing in connection with uses herein permitted, provided that no more than 25% of the total floor space of the building or structure in this district is not used for manufacturing

38. Machine shop

39. Motor vehicle sales

40. Music and video studio

41. Public or private garage or parking area

42. Newspaper publishing, printing and bookbinding

43. Radio or television broadcasting station

44. Recreational vehicle park

45. Retail sales and service

46. Restaurant

47. Senior citizen center

48. Sheet-metal working

49. Shoe shining or shoe repairing

50. Signs

51. Sporting good store

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52. Storage facility

53. Theater

54. Upholstery and drapery shops

55. Veterinarian office, small animal

56. Wireless communication facility with one or all antennae located on an existing tower or monopole or attached to an existing building or structure, camouflaged and/or hidden to the extent possible, collocated to the extent possible and not greater than 70 feet in height.

57. Wholesale business

G. FENCE REGULATIONS: No fence shall exceed 6 feet in height where the fence faces an alley, 6 feet on side yard boundary line, and 6 feet in height on a front yard boundary line. Provided further that no fence shall exceed 4 feet in height within 30 feet of a curb line of an intersection.

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Chapter 17.32

NONCONFORMING USES

Sections:

17.32.01 Application of Chapter

17.32.02 Nonconforming lots of record.

17.32.03 Nonconforming uses of land.

17.32.04 Nonconforming structures

17.32.01 Application of Chapter.. The provisions of this chapter shall apply to building, structures, lands and uses that are nonconforming, as defined.

17.32.02 Nonconforming lots of record.

A. In any district in which single-family dwellings are permitted, notwithstanding limitations imposed by other provisions of this chapter, a single family dwelling and customary accessory buildings may be erected on any vacant single lot of record, with the county clerk and recorder, on the effective date of adoption or amendment of the ordinance codified in this chapter. The lot must be in separate ownership and not contiguous frontage with other lots in the same ownership. This section shall apply although the lot fails to meet the requirements for area or width, or both, generally applicable in the district, except that yard dimensions and other requirements not involving area or width, or both, of the lot shall conform to the regulations for the district.

B. If two or more vacant lots or combinations of lots and portions of lots with contiguous frontage are in single ownership of record at the time or passage or amendment of the ordinance codified in this chapter, and if all or part of the lots do not meet the requirements for lot widths and areas as established by this chapter, the lots shall be deemed to be an undivided parcel for the purpose of this chapter, and no portion of said parcel which does not meet lot widths and area requirements established by this chapter shall be used for a building site. No division of the lots shall be made which leaves remaining any lot with width or area smaller that the requirements in this chapter.

17.32.03 Nonconforming uses of land. A lawful use of land existing on the effective date of adoption or amendment of any ordinance or district regulation governing its use, or change of district boundaries, made no longer permissible by such adoption, amendment, or change in district boundaries, may be continued so long as it remains otherwise lawful, subject to the following conditions:

A. No such nonconforming use shall be enlarged, increased or extended to occupy a greater area of land than was occupied at the effective date of adoption or

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amendment of any ordinance, or change in district boundaries;

B. No such nonconforming use shall be moved in whole or in part to any other portion of the lot or parcel occupied by such use at the effective date of adoption or amendment of any ordinance, or change in district boundaries;

C. If the nonconforming use of land ceases for any reason for a period of two years, subsequent use of such land shall conform to the regulations specified by this chapter for the zone in which the land is located.

17.32.04 Nonconforming Structures. A lawful structure existing on the effective date of adoption or amendment of the ordinance codified in this chapter which could not be built under this chapter by reason of restriction on area, lot coverage, height, yards, or other characteristics of the structure or its location on that lot, may be continued so long as it remains lawful, subject to the following conditions:

A. No such structure may be enlarged or altered in a way which increases its nonconformity unless an enlargement or structural alteration is required by law;

B. Any such structure destroyed by any means to an extent that the cost of replacement is more than fifty percent of the cost of replacing the entire structure at the time of destruction shall not be reconstructed or replaced except in conformity with the provisions of all applicable ordinances;

C. Any structure moved for any reason for any distance whatever shall thereafter conform to the regulation for the district in which it is located after it is moved;

D. Any structure may be altered if necessary to adapt a nonconforming building to a new technologies or equipment pertaining to uses housed in such building, but any enlargement necessary to adapt to new technologies shall be authorized only by a variance.

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Chapter 17.34

REZONES

Sections:

17.34.01 GENERALLY

A. If the boundary change is requested by petition or initiated by the Town Council, the same shall then be referred to the Town Council, which shall make a careful investigation and hold public hearing thereon. The Town Council shall cause notice to be published twice in the official newspaper of the Town of the time and the place set for the hearing upon the boundary changes. If there is no official newspaper of the Town, then the clerk shall post a public notice of the hearing at the designated posting areas: Town Hall, Gambles, Hot Springs Senior Center, and Bucks Grocery. The first publication of such notice shall be made no less than fifteen days before the date of such hearing. At such hearing the Town council shall hear all persons and all objections and recommendations relative to the proposed change. Action shall be taken upon such ordinance by the Town Council at the next regularly scheduled meeting and the action shall be final and conclusive as to all matters and things involved in the boundary change signed by the owners of thirty-five percent or more, either of the area of the lots included in the proposed change, or of those immediately adjacent in the rear thereof extending one hundred fifty feet therefrom, or those adjacent on either side thereof within the same block, or of those directly opposite thereof extending one hundred fifty feet from the street frontage of such opposite lots, the amendment shall not become effective except by the favorable vote of three-fourths of all members of the Town Council.

B. Such protest petitions must be filed with the Town clerk’s office by 3 pm of the Thursday preceding the public hearing before the Town Council.

C. When such proposed amendment has been rejected by the town council, neither it nor one involving only the same property shall be offered for adoption within one year after such rejection.

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Chapter 17.36

VARIANCES

Sections:

17.36.01 Established meeting powers.

17.36.01 Established Meetings Powers.

A. A board of adjustment is established as provided by MCA Sections 76-2-321/76-2-328. It shall consist of five members appointed by the mayor, with the approval of the Town Council, for terms of three years. It shall hold its meetings in the Main Town Hall or at such other place as may be designated by its chairman in the town, and the presence of four members shall be necessary to constitute a quorum. Its duties and powers shall be as defined by state law, and it shall be the duty of other departments of the town to render such assistance as may be reasonable required.

B. Changes in the regulations, restrictions and boundaries of districts may be made only by the Town Council, and in the manner designated by law.

C. Where there are practical difficulties or unnecessary hardships in the way of carrying out the strict letter of the provisions of this chapter, or any amendment thereto, the board of adjustment shall have the power, after public notice and hearing, in a specific case, to vary or modify any of the regulations or provisions relating to the construction, structural changes or alterations of buildings or structures in harmony with their fundamental purpose and intent, or any use thereof, so that the public health, safety and general welfare may be conserved and substantial justice done.

D. In every case, however, where a permit is either granted or revoked by the board of adjustment, it must be affirmatively shown that an unnecessary hardship or practical difficulty exists, and the records of such board shall clearly indicate in what particular and specific respects an unnecessary hardship or practical difficulty would be created.

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Chapter 17.01

ADMINISTRATION AND ENFORCEMENT

Chapter 17.04

Mixed Commercial-Residential District

A. Storage yards for scrap, bulk or raw materials

INDUSTRIAL DISTRICT

Chapter 17.25