Title 17 - Zoning
Chapters:
17.04 Jurisdiction
17.08 Definitions
17.12 Non-Conforming Uses and Structures
17.16 Home Occupations
17.20 Off-Street Parking
17.24 Signs
17.28 Buffers and Screening and Landscaping
17.29 Landscaping
17.32 Districts Established and Boundary Rules
17.36 Restricted Residential District - “R1”
Zone
17.40 Low Density Residential District - “A”
Zone
17.44 Medium Density Residential District - “B”
Zone
17.48 Central Business District - “C”
Zone
17.52 Highway Business District - “H”
Zone
17.56 Industrial District - “I”
Zone
17.60 Agricultural and Commercial District - “F”
Zone
17.64 Unzoned District - “U”
Zone
17.68 Supplementary District Regulations
17.72 Zoning Compliance Officer
17.76 Zoning Compliance Certificate
17.80 Zoning Commission /
Planning Board
17.84 Board of Adjustments
17.92 Violations
17.96 Separability Clause
17.98 Repeal
Chapter
17.04 Jurisdiction and Official Zoning Map
Sections:
17.04.010 Title.
17.04.020 Territorial Jurisdiction.
17.04.030 Official Zoning Map.
17.04.010 Title This ordinance shall be known as the ZONING
ORDINANCE OF THE CITY OF DILLON,
17.04.020 Territorial Jurisdiction The zoning jurisdiction of the City of
17.04.030 Official Zoning Map
A. The
“Official Zoning Map,
B. The
official zoning map shall be identified by the signature of the Mayor, attested
by the City Clerk, and bear the seal of the city.
C. If,
in accordance with this ordinance, changes are to be made on the official
zoning map, such changes shall be entered promptly after the amendment has been
approved by the City Council, with an entry on the map as follows: “On (date), by official action of the City
Council, the following change(s) were made on the official zoning map (brief
description of change).” This entry
shall be signed by the Mayor and attested by the City Clerk.
D. In
the event that the Official Zoning Map becomes damaged, destroyed, lost or
difficult to interpret, the City Council shall by resolution adopt a new
Official Zoning Map which shall supersede the prior map. The new map shall be identified by the
signature of the Mayor, attested by the City Clerk, and bear the seal of the
city.
Chapter 17.08 Definitions
Sections:
17.08.010 Interpretation of Commonly Used Terms
and Words.
17.08.020 Definitions.
17.08.010 Interpretation of commonly used terms and
words For the purpose of
this ordinance, the following words and terms shall take the meaning indicated
herein:
Words
in the present tense include the future tense.
Words
used in the singular number include the plural, and words used in the plural
number include the singular, unless the natural construction of the wording
indicates otherwise.
The
word “person” includes a firm, association, corporation, trust, and company, as
well as an individual.
The
words “used for” shall include the meaning “designed for”.
The
word “lot” shall include the words “plot”, “parcel”, or “tract”.
The
word “shall” is always mandatory and not merely directory.
The
word “may” is always permissive and merely directory.
The
word “structures” includes buildings.
17.08.020
Definitions
Abutting: Abutting shall mean having property or
district lines in common: e.g., two (2) lots are abutting if they have property
lines in common.
Accessory
Use or Structure: Accessory use or
structure shall mean a use or structure on the same lot with, and of a nature
customarily incidental and subordinate in area, extent, or purpose to the
permitted use or structure.
Agriculture: Agriculture shall mean the use of land for
farming, dairying, grazing, horticulture, floriculture, silviculture, animal
and poultry husbandry, and necessary accessory uses for packing, treating, or
storing that produce; provided that the operation does not include commercial
feedlots or commercial facilities for treating, slaughtering, dressing, and
packing of animal or animal products, nor commercial packing, storage or
processing of fruits, vegetables, or grains.
Auto
Wrecking Yard: Auto wrecking yard shall
mean any area of more than two hundred (200) square feet used for dismantling,
disassembling, salvaging of abandoned, wrecked, or immobilized vehicles.
Buffer: Buffer shall mean a strip of land established
to divide one (1) type of land use from another with which it is incompatible.
Buffering: Buffering shall mean:
a. The
concept of designating abutting zoning districts so as to prohibit any permitted
use of one zone from decreasing enjoyment of any permitted use in another; or
b. The use of buffers either within or
abutting zoning districts.
Building: Building shall mean a structure, having a
roof, and which is used or is intended to be used for sheltering people,
animals, property, or business activity.
Building as used in this ordinance shall not include mobile home
dwellings, nor any use of mobile home dwellings for business activity.
Building
Density: Building density shall mean the
number of buildings per lot. Building
density as used in this ordinance shall not include mobile home dwellings, nor
any use of mobile home dwellings for business activity.
Building
Height: Building height shall mean the
vertical distance from the mean elevation of the finished grade along the front
of the building to the highest point of a flat roof, or the ridge line of any
other roof.
Commercial Feedlot:
Commercial feedlot shall mean any area used or intended to be used for
the feeding of animals for commercial purposes.
Community Residential Facility: Community residential facility means a group,
foster, or other home specifically provided as a place of residence for
developmentally disabled or handicapped persons who do not require nursing
care, or a district youth guidance home established pursuant to State Statues,
or a halfway house operated in accordance with regulations of the Department of
Health and Environmental Sciences for the rehabilitation of alcoholics or drug
dependent persons, or a licensed adult foster family care home.
Conditional Use: A
conditional use shall mean a non-conforming use permitted within a zoning
district, provided the additional conditions specified in the district
regulations for the use shall be met.
Drive-In Restaurant or Refreshment Stand: Drive-In restaurant or refreshment stand
shall mean any building or area used or intended to be used for the sale,
dispensing or serving of food, refreshments or beverages with, in or on disposable
or reusable dishes and/or utensils, and where persons may be sold, served, or
dispensed food, refreshments or beverages in such a manner while in a motor
vehicle.
Deck: Deck shall mean
a flat floored roofless area which may or may not adjoin any structure.
Dimensional Variance:
A dimensional variance is a request for a relaxation of the terms of
this ordinance which authorizes deviation from size or placement restrictions
upon the construction and placement of buildings and structures.
Duplex: See Dwelling
Unit, Two Family.
Dwelling Unit, Single Family:
Dwelling unit, single family, shall mean a detached residential dwelling
unit, other than a mobile home, designed for and occupied by one (1) family
only.
Dwelling Unit, Two Family (Duplex): Dwelling unit, two family (duplex), shall
mean a detached residential dwelling unit, other than a mobile home, designed
for and occupied by not more than two (2) families.
Dwelling Unit, Multiple Family: Dwelling unit, multiple family, shall mean a
detached dwelling unit designed for and occupied by not less than three (3) or
more than eight (8) families.
Dwelling Unit, Multiple Family Residence (Apartment Complex
and/or Condominium): Dwelling unit,
multiple family residence (apartment complex and/or condominium), shall mean
any building, which may include those buildings regulated under Title 70,
Chapter 23, M.C.A., The Montana Ownership Act, which is designed for and
occupied by not less than two (2) families.
Dwelling Unit, Modular:
Dwelling unit, modular, shall mean any factory-fabricated, transportable
building designed to be used by itself or to be incorporated with similar units
at a building site into buildings on a permanent foundation. All modular dwelling units shall comply with
Exterior Entrance:
Exterior entrance shall mean that entrance to a building where the
street number is assigned.
Extractive Industries:
Extractive industries shall include quarrying, the removal of sand,
soil, stone, gravel or clay, and mining operations.
Family: Family shall
mean all the persons occupying a single dwelling unit, provided that unless all
members are related by blood, marriage, or adoption, no such family shall
contain over five (5) persons, but provided further that domestic servants
employed on the premises may be housed on the premises without being counted as
a family or families.
Landscaping:
Landscaping shall serve to control surface-water runoff, sedimentation,
and erosion and may consist of any combination of plants, natural materials,
and manmade materials specifically intended for such use.
a. A
single lot of record:
b. A
portion of a lot of record:
c. A
combination of complete lots of record, of complete lots of record and portions
of lots of record, or of portions of lots of record:
d. A
unit of land described by metes and bounds; provided that in no case of
division or combination shall any residual lot or parcel be created which does
not meet the requirements of this ordinance.
Lot Frontage:
Lot of Record: Lot of
record shall mean a lot which is part of a subdivision recorded in the office
of the
a. Corner
b. Interior
c. Through
d. Reversed
Frontage Lot: Reversed frontage lot
shall mean a lot on which the frontage is at right angles, or approximately
right angles (interior angle less than one hundred thirty-five degrees (135)),
to the general pattern in the area.
Mall: Mall shall mean
an open or covered passageway or concourse, which may be a dedicated public
right of way, which (1) is designed for and provides access to rows of
individual stores or other commercial establishments, or a complex of such
shops, and which (2) is closed permanently or at stated times to motor
vehicles, and which (3) has associated with it passageways and parking spaces
for motor vehicle access.
Mobile Home Building:
A mobile home building shall mean a building designed or used for
residential occupancy, built upon or having a frame or chassis to which wheels
may be attached by which it may be moved upon a highway, whether or not such
structure actually has, at a given time, such wheels attached, or is jacked up
or skirted, provided that a travel trailer shall not be considered a mobile
home building.
Mobile Home Park: Mobile
home park shall mean any lot used, maintained, or intended to be used, leased,
or rented for occupancy by two (2) or more separate mobile home dwellings, together
with accessory structures provided in connection therewith; provided that
mobile home parks shall not include trailer sales lots on which unoccupied
mobile homes are parked for the purpose of inspection and sales.
Porch: A porch shall
mean a covered entrance adjoining a structure.
Rough Log Exterior:
Rough log exterior shall mean an exterior siding constructed of unpeeled
logs.
Service Station:
Service station shall mean buildings and premises where the primary
function shall be to dispense gasoline, oil, grease, and any other petroleum
products, batteries, tires, and automobile accessories.
Structure: Structure
shall mean anything constructed or erected with a fixed location on the ground,
or attached to something having a fixed location on the ground.
Square Feet: Square
feet or square footage shall mean total gross area, as measured to the outside
surfaces of exterior walls, excluding crawl spaces, garages, car ports,
breezeways, attics, open porches, balconies and terraces.
Temporary Use: Temporary
use shall mean a use continuing for up to one hundred twenty (120) days. Provided that upon the approval of the City,
such use can continue for a like period of time.
Travel Trailer: Travel
trailer shall mean a vehicular unit built on a chassis, designed to be used as
a temporary dwelling for travel and recreational purposes.
Use Variance: A use
variance is a request for a relaxation of the terms of this ordinance which
authorizes a use of land which would otherwise be proscribed by the regulation
herein.
Variance: A variance
shall mean relaxation of the terms of this zoning ordinance where literal
enforcement of this ordinance would result in unnecessary hardship and the
conditions of 17.84.040 are met.
Variance - Dimensional:
See Dimensional Variance.
Variance - Use: See
Use Variance.
Yard: Yard shall mean
a space on the same lot with a principal building, open and unoccupied by any
structure or portion of a structure; provided, however, that fences, walls,
poles, posts, other customary yard accessories, sidewalks, terraces and
swimming pools may be permitted in any yard subject to height limitations and
requirements limiting obstruction of visibility.
a. Yard,
front: Yard, front, shall mean a yard
extending between side lot lines across the front of a lot adjoining a public
street. In the case of through and
corner lots, unless the prevailing front yard pattern on abutting lots indicates
otherwise, a yard shall be provided on all frontages. Where one (1) of the front yards that would
normally be required on a through lot is not in keeping with the prevailing
yard pattern, the Board of Adjustments may waive the requirement for the normal
front yard and substitute therefore a special yard requirement which shall not
exceed the average of the yards provided on abutting lots.
b. Yard,
Side: Yard, side, shall mean a yard
extending from the rear line of the required front yard to the rear lot line,
or in the absence of any clearly defined rear lot line to the point on the lot
farthest from the intersection of the lot line involved with the public
street. In the case of through lots,
side yards shall extend from the rear lines of front yards required. In the case of corner lots, yards remaining
after front yards have been established shall be considered side yards.
c. Yard,
Rear: Yard, rear, shall mean a yard
extending across the rear of the lot between inner side yard lines. In the case of through lots and corner lots,
there will be no rear yards, but only front and side yards.
Chapter 17.12 Non-Conforming Uses and
Structures
Sections:
17.12.010 Intent.
17.12.020 Non-conforming
use ceases.
17.12.010
Intent If within the districts
established by the City of Dillon ordinances or amendments that may later be
adopted, there exist structures and uses of structures which were lawful prior
to this ordinance being passed but which would be prohibited or restricted
under the terms of this ordinance, it is the intent of this ordinance to permit
these dimensional non-conformities to continue until they are removed, and to
permit non-conforming uses to continue until they are discontinued. Further,
the intent of this ordinance is that non-conformities shall not be enlarged
upon, expanded or extended, nor be used as grounds for adding other structures
or uses prohibited elsewhere in the same district.
17.12.020
Non-conforming use ceases If any non-conforming use ceases for any
reason for a period of one (1) year or more, any subsequent use of such land or
structure shall conform to the regulations specified by this ordinance for the
district in which the land is located.
Chapter 17.16 Home Occupations
Sections:
17.16.010 Home
Occupation.
17.16.010 Home
occupation
A home occupation may be conducted as a secondary use in a dwelling
unit, provided that:
a. No
person other than family members residing on the premises may be engaged in
such occupation.
b. The
use of the dwelling unit for the home occupation shall be clearly incidental
and subordinate to its use for residential purposes by its occupants and not
more than twenty-five (25) percent of the floor area of the dwelling area may
be used in the conduct of the home occupation.
c. There
shall be no change in the outside appearance of the building or other visible
evidence of the conduct of the home occupation, other than one (1) sign, not
exceeding three (3) square feet in area, non-illuminated, and mounted flat
against the wall of the principal building.
d. No
home occupation shall be conducted in any accessory structure or building.
Chapter 17.20 Off-Street Parking
Sections:
17.20.010 Definition.
17.20.020 When
required.
17.20.030 Location.
17.20.040 Dimensional
requirements.
17.20.050 Number
of spaces required.
17.20.010 Definition For the purpose of
this ordinance, an off-street parking space shall consist of a space adequate
for parking any automobile with room for opening doors on both sides, together
with properly related access to a public street or alley.
17.20.020 When
required
a. No
structure or building shall be erected, unless permanently maintained
off-street parking and loading spaces have been provided in accordance with the
provisions of this ordinance.
b. The
provisions of this chapter, except where there is a change in use, shall not
apply to any existing structure or building.
17.20.030 Location
a. Residential districts: Parking spaces in
any residential district shall be located on the same lot as the dwelling. Such parking spaces shall not be located in
the front yard except in a driveway, but may be located in the side or rear
yards.
17.20.040 Dimensional
requirements
Each required parking space shall be at least ten (10) feet wide and
twenty (20) feet long.
17.20.050 Number of
spaces required
For the purpose of this ordinance, the following parking space
requirements shall apply unless otherwise specified:
|
TYPE OF USE |
PARKING SPACES REQUIRED |
|
|
|
|
Residential: |
|
|
1. Single or two family
dwelling |
1 for each dwelling unit |
|
2. Multi-family residence |
1 for each dwelling unit |
|
3. Mobile homes |
1 for each dwelling unit |
|
4. Community and residential
care facility |
1 for each 2 residents |
|
|
|
|
COMMERCIAL AND OFFICE: |
|
|
|
|
|
1. Service Station |
1 for each 2 gasoline pumps and 2 for
each service bay |
|
2. Hotels, motels, boarding
houses |
1 for each sleeping room plus 1 for
each 2 employees |
|
3. Auto repair and body shop |
2 for each service bay |
|
4. Medical, dental and
veterinary offices |
4 spaces for each doctor plus 1 for
each employee |
|
5. Motor vehicle sales, rental,
repair |
1 space for each 400 square feet of
building |
|
6. Banks, financial
institutions |
1 space for each 400 square feet of
building |
|
7. Restaurants, taverns |
1 space for every 4 seats plus 1 for
each employee |
|
8. Car wash |
3 stacking spaces for each wash bay
plus 1 for each employee |
|
9. Drive-in restaurants |
1 space for each 500 square feet of
floor area |
|
10.
All other retail, service, or businesses in the business district |
1 space for each 200 square feet of
floor area |
|
11.
Offices, businesses, professional and governmental buildings |
1 space for each 400 square feet of
floor area |
Chapter 17.24 Signs
Sections:
17.24.010 Definitions.
17.24.020 Signs permitted without a permit.
17.24.030 Regulation for on-site signs requiring a
permit.
17.24.040 Regulation for off-site signs requiring
a permit.
17.24.050 Regulations for sidewalk board signs.
17.24.060 Regulations for awnings.
17.24.010 Definitions
a. Sign:
Sign shall mean any device designed to inform or attract the attention
of persons not on the premises on which the sign is located. For the purpose of determining number of
signs, a sign shall be considered to be a single display surface or display
device containing elements organized, related, and composed to form a unit.
b. On-site
sign: On-site sign shall mean a sign
relating in its subject matter to the premises on which it is located. On-site signs shall not include signs erected
by the outdoor advertising industry in the conduct of the outdoor advertising
business.
c. Off-site
sign: Off-site sign shall mean a sign
other than an on-site sign.
d. Sidewalk
Board Sign:: Sidewalk board sign shall
mean any sign placed on a sidewalk.
17.24.020 Signs
permitted without a permit The following signs shall be permitted in all
zoning districts and shall not require a permit:
a. Signs
advertising the sale, lease, or rental of the premises upon which the sign is
located.
b. Legal
notices, identification, information or directional signs erected or required
by government bodies.
c. Integral
decorative or architectural features of buildings except lettering, trademarks,
moving parts, or moving lights.
d. Signs
directing and guiding traffic and parking.
e. Bulletin
boards for churches, schools or other public, religious or educational
institutions.
f. Political
advertising signs.
g. Signs
advertising yard sales.
17.24.030 Regulation for on-site signs requiring a permit All on-site signs permitted as accessory uses
in all business and industrial districts shall require a zoning permit and are
subject to the following regulations:
a. Set-back: No free standing sign shall be set nearer to
the lot line adjacent to a street than the required minimum set back for the
principal uses permitted in the district.
b. No
sign that overhangs the public right-of-way shall be less than eight (8) feet
from the surface of the right of way to the bottom on the sign.
c. No
sign that overhangs the public right-of-way shall be closer than two and
one-half (2½) feet from the curb or curbline.
d. No
on-site sign shall exceed thirty (30) feet in height as measured from either
the grade at the sign or at the nearest roadway; whichever is greater.
17.24.040 Regulation
for off-site signs requiring a permit
a. Set-back: No off-site sign shall be set nearer to the
lot line adjacent to a street than the required minimum set back for the
principal uses permitted in the district.
b. Height: No off-site sign shall exceed thirty (30)
feet in height as measured from either the grade at the sign or at the nearest
roadway, whichever is greater.
17.24.050 Regulations
for sidewalk board signs
a. Signs
cannot extend any further than two (2) feet from the building wall.
b. Signs
must be placed so as to allow no less than four (4) feet of unencumbered
walking space between the edge of the sign and the edge of the sidewalk.
c. Signs
cannot be placed within ten (10) feet of any corner.
d. Signs
are allowed only in the Central Business District; Highway Business District;
and the Industrial District of the city.
e. A
permit is required for sidewalk board signs.
17.24.60 Regulations
for awnings
a. The
frames and solid portion of awnings that extend over the public right-of-way
must be at least eight (8) feet above the surface of the right of way. The soft materials portion of awning cannot
extend over eight (8) inches below the solid portion of the awning.
b. Awnings
that extend over the public right of way cannot be any closer to the curb line
than two and one half (2 ½) feet.
c. A
permit is required for all awnings.
Chapter 17.28 Buffers and Screening and
Landscaping
Sections:
17.28.010 Intent.
17.28.010 Intent. Whenever a
non-residential lot or use, or off-street parking area abut a residential lot
or use, the non-residential lot or use shall not be less than twenty (20) feet
from such property. The use shall be effectively
screened at the property line on all sides which adjoin or face the residential
district use by a sight obscuring wall, fence, or planting screen. Such fence, wall or planting screen shall be
not less than four (4) feet nor more than six (6) feet in height and shall be
maintained in good condition. In the
event that terrain or other natural features are such that the erection of such
fence, wall, or planting screen will not serve the intended purpose, then no
such buffer will be required.
Chapter 17.29 Landscaping
Sections:
17.29.010 Intent.
17.29.010 Intent New plans for
renovation or construction of residential, commercial, or industrial
developments, prepared after approval of this ordinance, shall conform to city
landscaping guidelines. Landscaping
efforts shall serve to control sedimentation and erosion. All planted vegetation shall be maintained
according to appropriate seasonal requirements.
Dead vegetation shall be removed and replaced as necessary.
Chapter 17.32 Districts Established and
Boundary Rules
Sections:
17.32.010 Districts established.
17.32.020 Rules
for interpretation of district boundaries.
17.32.010 Districts established The following zoning districts are hereby established
for the jurisdictional area of the City of
|
District |
Zone Designation |
|
Restricted Residential District |
R1 |
|
Low Density Residential District |
A |
|
Medium Density Residential District |
B |
|
Central Business District |
C |
|
Highway Business District |
H |
|
Industrial District |
I |
|
Agricultural and Commercial District |
F |
|
Unzoned District |
U |
17.32.020 Rules for
interpretation of district boundaries
a. Boundaries
indicated as approximately following the center lines of streets, highways or
alleys shall be construed to follow such center lines.
b. Boundaries
indicated as approximately following platted lot lines shall be construed as
following such lot lines.
c. Boundaries
indicated as approximately following city limits shall be construed as
following such city limits.
d. Boundaries indicated as following
railroad lines shall be construed to be midway between the main tracks.
Chapter 17.36 Restricted Residential District - R1
Zone
Sections:
17.36.010 Purpose.
17.36.020 Permitted principal uses.
17.36.025 Accessory uses, accessory buildings and
decks.
17.36.030 Prohibited uses.
17.36.040 Prohibited construction.
17.36.050 Temporary use.
17.36.060 Minimum dwelling size.
17.36.070 Height requirements.
17.36.080 Yard requirements.
17.36.090 Parking.
17.36.095 Signs.
17.36.100 Buffers and screening.
17.36.105 Landscaping.
17.36.110 Lighting.
17.36.120 Sidewalks.
17.36.010 Purpose This District is
established to provide for the development of single family dwelling units
within the zoning limits of the City of
17.36.020 Permitted
principal uses
No building structure or premise shall be used, and no building or
structure shall be erected, structurally altered or maintained, except for the
following purposes:
a. Single family residence
b. Single family dwelling, modular unit
c. Parks and playgrounds
17.36.025 Accessory
uses, accessory buildings and decks Accessory buildings incidental to the above uses,
including one private garage and storage buildings for lawn equipment and
supplies. Said accessory buildings and
garage must meet all yard requirements of this district. Decks must be constructed so as to meet all
yard requirements of this district.
17.36.030 Prohibited
uses:
a. No
dwelling or accessory building shall be used for the conduct of any business on
the premises, home occupations are prohibited.
b. No
premises shall be used for the keeping, housing or feeding of poultry, pigs,
goats, horses, rabbits, pigeons, sheep, cattle or llamas.
17.36.040 Prohibited
construction
No building shall be constructed or erected of a rough log exterior, or
of what is commonly known as a “Quonset hut” type exterior.
17.36.050 Temporary
use
Temporary structures, storage buildings and storage areas on
construction sites, temporary signs, temporary structures on sites of grading
operation, shall be deemed temporary uses.
17.36.060 Minimum
dwelling size
The minimum dwelling shall have a floor space of not less than eight
hundred (800) square feet. This is to
include only the residence and shall not include any attached garage, porch or
other addition.
17.36.070 Height
requirements
No building or structure shall be erected or structurally altered to
exceed two (2) stories in height.
17.36.080 Yard
requirements
For the purpose of measuring depth of required front, side and rear
yards, all measurements shall be from the outside wall of the building or
structure; however, in no instance shall the outside edge of any protruding
portion of the building or structure extend to within two (2) feet of the
property line:
a. Front
Yard: A twenty-five (25) foot front yard
shall be provided on all frontages.
b. Side
Yard: Side yards abutting interior lot
lines shall be not less than five (5) feet.
c. Rear
Yard: A rear yard shall be provided not
less than five (5) feet.
d. Side
Yard - Corner Lots: The controlling
streets for the purpose of this ordinance are all streets that run parallel with
the established alleys. All buildings on
a corner lot shall have a yard with a depth of not less than twenty-five feet
on the controlling street side of the building and a yard with a depth of not
less than ten feet on the intersection street side.