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, MONTANA, and the map referred to herein is identified by the title “Official Zoning Map, Dillon, Montana.”

17.04.020 Territorial Jurisdiction The zoning jurisdiction of the City of Dillon shall include the land within the corporate limits of the city.

17.04.030 Official Zoning Map

A. The “Official Zoning Map, Dillon, Montana,” and all notations, references, and other information shown on the map are hereby incorporated by reference and made a part of this ordinance.

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 Montana Building, Plumbing, Electrical and Mechanical Construction Codes, and the rules and regulations for modular housing of the Building Code Division of the Montana Department of Administration. The term shall apply to major assemblies; it does not include pre-fabricated panels, trusses, plumbing, trees, and other pre-fabricated sub elements of a major assembly which are to be incorporated at a building site.

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.

Lot: A lot shall be a unit of land of at least sufficient size to meet minimum zoning requirements for use, coverage, and area and to provide such yards and other open spaces as are herein required. Such lot shall have frontage on a public street, or on an approved private street, or on a public alley, and shall consist of either/or:

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 frontage shall mean the side of a lot boundary which is nearest the street. For the purposes of determining yard requirements on corner lots and through lots, all sides of a lot fronting on a street parallel to an alley shall be considered frontage.

Lot of Record: Lot of record shall mean a lot which is part of a subdivision recorded in the office of the County Clerk and Recorder, or a lot described by metes and bounds, the description of which has been so recorded.

Lot Types: The following definitions shall represent the terminology used in this ordinance with reference to corner lots, interior lots, reversed frontage lots and through lots.

a. Corner Lot: A corner lot shall mean a lot located at the intersection of two (2) or more streets. A lot abutting on a curved street or streets shall be considered a corner lot if straight lines drawn from the foremost points of the side lot lines to the foremost points of the lot meet at an interior angle of less than one hundred thirty-five (135) degrees.

b. Interior Lot: Interior lot shall mean a lot other than a corner lot with only one frontage on a street.

c. Through Lot: Through lot shall mean a lot, other than a corner lot, with frontage on more than one (1) street. Through lots abutting two (2) streets may be referred to as double frontage lots.

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.

Travel Trailer Park: Travel trailer park shall mean any lot for accommodating two (2) or more travel trailers.

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 Dillon, Montana. The districts shall be named and designated as follows:

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 Dillon at a density compatible with existing residential development and where public water supply and sewerage are available.

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.

17.36.090 Parking Off-street parking as an accessory use is permitted in accordance with this ordinance.

17.36.095 Signs On-site signs as accessory uses are permitted in accordance with this ordinance.

17.36.100 Buffers and screening Buffers and screening shall be provided in compliance with this ordinance.

17.36.105 Landscaping Single-family dwellings shall comply with the provisions of this ordinance within one (1) year of the structures completion. Landscape treatments shall be applied to that portion of the lot not otherwise occupied by a structure.

17.36.110 Lighting Lighting shall be so shielded as to cast no direct light upon adjacent property.

17.36.120 Sidewalks Within one (1) year of the completion of any structure on any lot in this district, permanent sidewalks shall be constructed flush with any curb or frontage lines. The total width of curb and sidewalk shall be not less than five (5) feet.

Chapter 17.40 Low Density Residential District - A Zone

Sections:

17.40.010 Purpose.

17.40.020 Permitted principal uses.

17.40.025 Accessory uses, accessory buildings and decks.

17.40.030 Prohibited uses.

17.40.040 Prohibited construction.

17.40.050 Temporary use.

17.40.060 Minimum dwelling size.

17.40.070 Height requirements.

17.40.080 Yard requirements.

17.40.090 Parking.

17.40.095 Signs.

17.40.100 Buffers and screening.

17.40.110 Lighting.

17.40.120 Sidewalks.

17.40.010 Purpose This district is established to provide for the development of single family and two-family residences within the city limits of Dillon at a density compatible with existing residential development and where public water supply and sewerage are available. This district is also intended to accommodate those institutional and public uses compatible with residential neighborhoods.

17.40.020 Permitted principal uses

Single family residences

Single family dwelling, modular unit

Two family residences

Community residential facilities

Churches

Schools

Libraries

Museums

Public parks and playgrounds

Utilities, public and private, excluding electrical substations, gas regulating stations, microwave reflectors and utility associated offices, repair or storage facilities, landfills and sewage treatment facilities

17.40.025 Accessory uses, accessory buildings and decks Home occupations, in accordance with the provisions of this ordinance, are permitted in this district. Accessory buildings incidental to the permitted uses, including one private garage and storage buildings for lawn equipment and supplies are permitted in this district. Said accessory buildings and garage must meet all yard requirements of this district. No home occupation is to be conducted in an accessory building. Decks must be constructed so as to meet all yard requirements of this district.

17.40.030 Prohibited uses No premises shall be used for the keeping, housing, or feeding of poultry, pigs, goats, horses, rabbits, pigeons, sheep, cattle or llamas.

17.40.040 Prohibited construction No building shall be constructed or erected of a rough cut log exterior or of what is commonly known as a “Quonset hut” type exterior.

17.40.050 Temporary use Temporary structures, storage buildings and storage areas on construction sites, temporary signs, temporary structures on sites of grading operation are permitted in this district.

17.40.060 Minimum dwelling size The minimum dwelling size in this district shall be eight hundred (800) square feet.

17.40.070 Height requirements No building or structure in this district shall be erected or structurally altered to exceed two (2) stories in height.

17.40.080 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.

17.40.090 Parking Off-street parking as an accessory use is permitted in accordance with this ordinance.

17.40.095 Signs On-site signs as accessory uses are permitted in accordance with the provisions of this ordinance.

17.40.100 Screening and buffers Screening and buffers shall be provided in compliance with this ordinance.

17.40.105 Landscaping Landscaping shall be provided in compliance with this ordinance. Landscape treatments shall be applied to that portion of the lot not otherwise occupied by a structure.

17.40.110 Lighting Lighting shall be so shielded as to cast no direct light upon adjacent property.

17.40.120 Sidewalks Within one (1) year of the completion of any structure on any lot in this district, permanent sidewalks shall be constructed flush with any curb or frontage lines. The total width of curb and sidewalk shall be not less than five (5) feet.

Chapter 17.44 Medium Density Residential District - B Zone

Sections:

17.44.010 Purpose.

17.44.020 Permitted principal uses.

17.44.025 Accessory uses, accessory buildings and decks.

17.44.030 Prohibited uses.

17.44.040 Prohibited construction.

17.44.050 Temporary uses.

17.44.060 Minimum dwelling size.

17.44.070 Height requirements.

17.44.080 Yard requirements.

17.44.090 Parking.

17.44.095 Signs.

17.44.100 Buffers and screening.

17.44.105 Landscaping.

17.44.110 Lighting.

17.44.120 Sidewalks.

17.44.130 Conditional uses.

17.44.010 Purpose The Medium Density Residential District is established to accommodate a mix of all residential structures including multi-family and mobile homes within the city limits of Dillon where public water supply and sewerage are available. It is also intended that this district be maintained and expanded to preserve the residential attractiveness of the district in a mixed use atmosphere.

17.44.020 Permitted principal uses

Any use permitted in the A (low density residential district) zone

Hotels, tourist apartments and courts

Hospitals and clinics

Nurseries and greenhouses

Grocery stores

Mobile homes and mobile home parks

Nursing homes

Funeral homes

17.44.025 Accessory uses, accessory buildings and decks Home occupations in accordance with the provisions of this ordinance are permitted in this district. Accessory buildings incidental to the permitted uses are allowed, 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.

17.44.030 Prohibited uses No premises shall be used for the keeping, housing or feeding of poultry, pigs, goats, horses, rabbits, pigeons, sheep, cattle or llamas.

17.44.040 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 of exterior.

17.44.050 Temporary uses Temporary structures, storage building and storage areas on construction sites, temporary signs, temporary structures on sites of grading operations are allowed in this district.

17.44.060 Minimum dwelling size There shall be no minimum dwelling size in this district.

17.44.070 Height requirements No building or structure in the Medium Density Residential District may be erected or structurally altered to exceed thirty-five (35) feet in height.

17.44.080 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.

17.44.090 Parking Off-street parking as an accessory use shall be provided in accordance with this ordinance.

17.44.095 Signs On-site signs as accessory uses and temporary signs are permitted in accordance with the provisions of this ordinance.

17.44.100 Buffers and screening Buffers and screening must be provided in compliance with this ordinance.

17.44.105 Landscaping Landscaping must be provided in compliance with this ordinance. Landscape treatments shall be applied to that portion of the lot not otherwise occupied by a structure.

17.44.110 Lighting. Lighting shall be so shielded as to cast no direct light upon adjacent property.

17.44.120 Sidewalks. Within one (1) year of the completion of any structure on any lot in this district, permanent sidewalks shall be constructed flush with any curb or frontage lines. The total width of curb and sidewalk shall be not less than five (5) feet.

17.44.130 Conditional uses The following use must comply with the additional requirements listed below as well as other provisions of this ordinance:

a. Mobile homes: Each mobile home must be skirted, entirely enclosing the bottom section within sixty (60) days after its placement. Skirting must be of fire resistant material similar to that of which the mobile home exterior is constructed and attached to the mobile home.

Chapter 17.48 Central Business District - C Zone

Sections:

17.48.010 Purpose.

17.48.020 Permitted principal uses.

17.48.025 Accessory uses.

17.48.030 Prohibited uses.

17.48.050 Temporary uses.

17.48.070 Height requirement.

17.48.080 Yard requirement.

17.48.090 Parking and loading requirement.

17.48.095 Signs.

17.48.100 Buffers and screening.

17.48.105 Landscaping.

17.48.120 Sidewalks.

17.48.010 Purpose The purpose of the Central Business District is to accommodate and encourage expansion and renewal in the historical core business area of the community. A variety of business, institutional, office, service establishments, and public uses are encouraged in an effort to provide the mix of activities necessary to maintain a downtown character.

17.48.020 Permitted principal uses

Amusements, except no shooting ranges, no racing of manned motor vehicles, no outdoor theaters, no miniature golf, or any other outdoor use shall be allowed.

Any use permitted in the “B” district

Auditoriums

Automobile repair garages

Automobile storage

Bakeries

Barbershops

Beauty parlors

Clubs and lodges

Dry-cleaning and dyeing works

Feed stores

Financial institutions

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

Funeral parlors

General sheet metal working

Hotels

Laundries

Light manufacturing in connection with uses herein permitted

Machine shop for small tools

Medical and dental offices, clinics and laboratories

Museums and art galleries

Nursing homes

Parking areas

Police or fire station

Printing and bookbinding shops

Public libraries

Public parks

Radio broadcasting stations

Restaurants

Retail business establishments whose principal activity is conducted within an enclosed building

Schools, post secondary professional or vocational institutions

Service or self-service stations

Shoe shining or shoe repairing shops

Theaters

Utilities, public or private except electrical substations, gas regulator stations, and microwave reflectors

17.48.025 Accessory uses On-site wall signs and any other use which the Zoning Compliance Officer determines meets the definition of accessory use, excluding outdoor storage.

17.48.030 Prohibited uses No premises shall be used for the keeping, housing, or feeding of poultry, pigs, goats, horses, pigeons, sheep, cattle or llamas.

17.48.050 Temporary uses Temporary structures, mobile homes, and storage areas on construction sites, temporary structures on sites of grading operations, temporary signs, the use of open land for meetings, circuses, or carnivals or the sale of Christmas trees, baked goods, or collected clothing or the like, if no permanent structure is erected.

17.48.070 Height requirement No building may be erected or structurally altered to exceed fifty (50) feet in height.

17.48.080 Yard requirement

a. There shall be no front, side, or rear yard requirements.

b. No side yards shall be required, but any side yard provided adjacent to an interior lot line shall be at least ten (10) feet in width.

17.48.090 Parking and loading requirements No off-street parking and loading spaces are required in the Central Business District.

17.48.095 Signs On-site wall signs as accessory uses are permitted in the Central Business District and must comply with the size of this ordinance.

17.48.100 Buffers and screening Buffers and screening must be provided in compliance with this ordinance.

17.48.105 Landscaping Landscaping must be provided in compliance with this ordinance. Landscape treatments shall be applied to that portion of the lot not otherwise occupied by a structure.

17.48.120 Sidewalk Within one (1) year of the completion of any structure on any lot in this district, permanent sidewalks shall be constructed flush with any curb or frontage lines. The total width of curb and sidewalk shall be not less than ten (10) feet.

Chapter 17.52 Highway Business District - H Zone

Sections:

17.52.010 Purpose.

17.52.020 Permitted principal uses.

17.52.025 Accessory uses.

17.52.030 Prohibited uses.

17.52.050 Temporary uses.

17.52.070 Height requirements.

17.52.080 Yard requirements.

17.52.090 Parking and loading requirements.

17.52.095 Signs.

17.52.100 Buffers and screening.

17.52.105 Fencing.

17.52.107 Landscaping.

17.52.110 Lighting.

17.52.120 Sidewalks.

17.52.010 Purpose This district is intended to accommodate the business and light manufacturing uses which require more space than is normally available in the Central Business District and whose operations require access to the major transportation facilities serving the area. It is also the purpose of this district to accommodate such uses while preserving the traffic carrying capacity of the road system, the desirability of abutting land for residential development and the quality of the natural environment to the degree possible.

17.52.020 Permitted principal uses

Amusement, commercial, including outdoor uses, except drive-in theaters, shooting ranges, and racing of manned motor vehicles

Auto repair and body shops

Building equipment and materials, wholesale and retail sales, including enclosed or fenced storage yards

Car washes

Clubs and lodges

Cleaning and dyeing establishments

Drive-in restaurant or refreshment stands

Funeral parlors

Hospital

Medical and dental offices, clinic and laboratories

Multiple family residences

Laboratories (analytical experimental, testing, research and development

Motels

Establishments selling, repairing, renting, and/or storing motor vehicles, including mobile homes, travel trailers, agricultural implements, and/or heavy machinery

Nursing homes

Outdoor advertising businesses

Police and fire stations

Professional offices

Signs, off-site

Services including, but not limited to barber shops, self-service laundries, repair shops, rental shops, and custom fabrication

Service stations

Stadiums, armories, fairgrounds, auditoriums or meeting halls

Storage yards, bulk materials

Utilities, public or private, except electrical substations, gas relocator stations and microwave reflectors

Veterinary offices or hospitals

Wholesale storage or sales or storage services

17.52.025 Accessory uses Off-street parking and loading, on-site signs, outdoor storage of merchandise or inventory usually carried in stock, or other use or structure judged by the Zoning Compliance Officer to be clearly incidental and subordinate to the principal use of structure are permitted in this district.

17.52.030 Prohibited uses No premises shall be used for the keeping, housing, or feeding of poultry, pigs, goats, horses, pigeons, sheep cattle or llamas.

17.52.050 Temporary uses Temporary structures, mobile homes, and storage areas on construction sites, temporary structures on sites of grading operations, temporary signs, the use of open land for meetings, circuses or carnivals, or the sale of Christmas trees, baked goods, or collected clothing or the like, if no permanent structure is erected, are permitted in this district.

17.52.070 Height requirements No building may be erected or structurally altered to exceed thirty-five (35) feet in height.

17.52.080 Yard Requirements

a. Front Yard: There shall be no front yard requirements.

b. Side Yard: There shall be no side yard requirements.

c. Rear Yard: There shall be no rear yard requirements

.

17.52.090 Parking and loading requirements Parking and loading facilities must comply with the provisions of this ordinance.

17.52.095 Signs On-site signs as accessory uses, off-site signs permitted as principal uses, and temporary signs must comply with the provisions of this ordinance.

17.52.100 Buffers and screening Buffers and screening must be provided in compliance with this ordinance.

17.52.105 Fencing The following uses must be enclosed by a security fence not less than six (6) feet in height:

a. Outdoor storage of materials or equipment.

b. Above ground storage of flammable liquids, gases, or other material.

c. Electrical substations, gas regulator stations, and microwave reflectors.

17.52.107 Landscaping Landscaping must be provided in compliance with this ordinance. Landscape treatments shall be applied to that portion of the lot not otherwise occupied by a structure.

17.52.110 Lighting Lighting must be so shielded as to cast no direct light upon adjacent residential property or an institution used for human care.

17.52.120 Sidewalks Within one (1) year of the completion of any structure on any lot in this district, permanent sidewalks shall be constructed flush with any curb or frontage lines. The total width of curb and sidewalks shall be not less than five (5) feet.

Chapter 17.56 Industrial District - I Zone

Sections:

17.56.010 Purpose.

17.56.020 Permitted principal uses.

17.56.030 Prohibited uses.

17.56.050 Temporary uses.

17.56.070 Height requirements.

17.56.080 Yard requirements.

17.56.090 Parking.

17.56.095 Signs.

17.56.100 Buffers and screening.

17.56.105 Fencing.

17.56.107 Landscaping.

17.56.110 Lighting.

17.56.010 Purpose The Industrial District is established to provide for industries which generally require specially selected locations in the community. These activities require reasonable access to arterial highways, may have extensive open storage and service areas, and generate heavy traffic. The requirements for this district are intended to insure reasonable standards of community safety and acceptability consistent with industrial practices.

17.56.020 Permitted principal uses

Any use permitted in the Highway Business District or Central Business District

Beverage Bottling and distributing

Building equipment and materials, wholesale and retail sales, including storage yards

Electrical equipment assembly and repair

Freight terminals, truck or rail

Grain elevators

Quarries and other extractive industries

Storage yards - bulk materials

Welding and sheet metal works

17.56.030 Prohibited uses No premises shall be used for the keeping, housing, or feeding of poultry, pigs, goats, horses, pigeons, sheep cattle or llamas.

17.56.050 Temporary uses Temporary structures, mobile homes, and storage areas on construction sites, temporary structures on sites of grading operations, temporary signs, the use of open land for meetings, circuses or carnivals, or the sale of Christmas trees, or collected clothing or the like, if no permanent structure is erected.

17.56.070 Height requirement There shall be no height requirement in this district.

17.56.080 Yard requirement

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: There shall be no rear yard requirement.

17.56.090 Parking Parking shall comply with the provisions of this ordinance.

17.56.095 Signs On-site signs as necessary uses, off-site signs permitted as principal uses, temporary signs must comply with the provisions of this ordinance.

17.56.100 Buffers and screening Buffers and screening must be provided in compliance with this ordinance.

17.56.105 Fencing The following uses shall be shielded by a protective fence not less than six (6) feet in height:

a. Outdoor storage of materials.

b. Above ground storage of flammable liquids, gases or other material.

c. electrical substations and gas regulator stations.

17.56.107 Landscaping Landscaping must be provided in compliance with this ordinance. Landscape treatments shall be applied to that portion of the lot not otherwise occupied by a structure.

17.56.110 Lighting Lighting shall be so shielded as to cast no direct light upon adjacent property.

Chapter 17.60 Agricultural / Commercial District - F Zone

Sections:

17.60.010 Purpose.

17.60.020 Permitted principal uses.

17.60.025 Accessory uses.

17.60.050 Temporary uses.

17.60.055 Lot size.

17.60.080 Yard requirements.

17.60.090 Parking.

17.60.095 Signs.

17.60.100 Buffers and screening.

17.60.105 Fencing.

17.60.107 Landscaping.

17.60.110 Lighting.

17.60.120 Sidewalks.

17.60.010 Purpose The Agricultural District is established to provide for a degree of development of a rural nature in areas not expected to have public facilities in the near future. These district regulations are also intended to preserve the suitability of the area for agriculture.

17.60.020 Permitted principal uses

Agriculture

All residential uses as allowed in the Low and Medium Density Residential Districts

All uses allowed in all zones specified in this ordinance

Community residential facilities

Schools

Churches

Public parks and recreational facilities

Golf courses

Cemeteries

Fish hatcheries

Libraries

Nursing homes

Utilities

Private clubs and lodges

17.60.025 Accessory uses Accessory uses permitted in the Agricultural District include the following:

Residences and farm building accessory to agricultural operations on the premises

Home occupations in accordance with the provisions of this ordinance

On-site signs

Off street parking

Garages, tool sheds and greenhouses

All accessory buildings shall be erected in any required yard and no separate accessory building shall be erected within five (5) feet of any other building.

17.60.050 Temporary use Temporary structures and storage area on construction sites, temporary structures on sites of grading operations, temporary signs, the use of open land for meetings, circuses or carnivals or the sale of Christmas trees, baked goods, or collected clothing or the like, if no permanent structure is erected, shall be deemed proper temporary use.

17.60.055 Lot size The minimum lot tract size in this district shall be one (1) acre.

17.60.080 Yard requirement For the purpose of measuring depth of required yards, all protruding portions of buildings or structures shall be part of the building or structure.

a. Front Yard: A forty (40) foot front yard shall be provided on all frontages.

b. Side Yard: Side yards abutting interior lot lines shall be not less than twenty (20) feet.

c. Rear Yard: A rear yard shall be provided not less than thirty-five (35) feet in rear depth.

17.60.090 Parking Off-street parking shall be provided in accordance with this ordinance.

17.60.095 Signs Off-site signs as principal uses and on-site signs as accessory uses shall be permitted in accordance with the provisions of this ordinance.

17.60.100 Buffers and screening Buffers and screening shall be provided in compliance with this ordinance.

17.60.105 Fencing Whenever a non-agricultural operation use abuts an agricultural operation, the non-agricultural use shall be fenced as defined by Montana Law at the property line in all sides which abut the agricultural operation. The following uses shall be shielded by a protective fence not less than six (6) feet in height:

a. Above ground storage of flammable liquids, gasses, or other materials.

b. Electrical substations, gas regulator stations, and microwave reflectors.

17.60.107 Landscaping Landscaping shall not be required for agricultural uses. Landscaping must be provided in compliance with this ordinance for all other permitted principal uses. Landscape treatments shall be applied to that portion of the lot not otherwise occupied by a structure.

17.60.110 Lighting Lighting shall be so shielded as to cast no direct light upon adjacent property.

17.60.120 Sidewalks There shall be no requirement for sidewalks in this district.

Chapter 17.64 Unzoned District - U Zone

Sections:

17.64.010 Purpose.

17.64.020 Permitted principal uses.

17.64.030 Prohibited uses.

17.64.070 Height requirements.

17.64.080 Yard requirements.

17.64.010 Purpose This district is established to provide for those areas within the zoning limits of the City of Dillon which at the date of the adoption of this ordinance were unzoned and the property owners living within this district have not been afforded the opportunity to vote on the type of zoning they need or want.

17.64.020 Permitted principal uses In the unzoned district, buildings and premises may be used for any purpose specifically authorized by this ordinance within the other zoning districts of the city.

17.64.030 Prohibited uses No premises shall be used for the keeping, housing or feeding of poultry, pigs, goats, horses, rabbits, pigeons, sheep, cattle, or llamas.

17.64.070 Height requirements There shall be no restriction on the height of buildings.

17.64.080 Yard requirements There shall be no restriction on the portion of the lot that may or may not be occupied by structures.

Chapter 17.68 Supplementary District Regulations

Sections:

17.68.010 Purpose.

17.68.020 Visibility at intersections in residential districts.

17.68.030 Exceptions to height requirements.

17.68.040 Structures to have access.

17.68.050 Parking storage of major recreational equipment.

17.68.060 Liquefied petroleum gasses not allowed.

17.68.065 Prohibited uses.

17.68.010 Purpose Supplementary district regulations are intended to take care of miscellaneous problems relating to uses or conditions which occur in more than one (1) zoning district.

17.68.020 Visibility at intersections in residential districts On a corner lot in a residential district, nothing may be erected, placed, planted, or allowed to grow in such a manner as materially to impede vision between a height of two and a half (2½) and ten (10) feet above the centerline grades of the intersecting streets in the area bounded by the street lines of the corner lots and extending twenty (20) feet back from the intersection of the street lines.

17.68.030 Exceptions to height regulations The height limitations do not apply to spires, belfries, appurtenances usually required to be placed above the roof level and not intended for human occupancy.

17.68.040 Structures to have access Every principal building hereafter erected or moved shall be on a lot adjacent to a public street, or with access to an approved private street other than an alley.

17.68.050 Parking storage of major recreational equipment For purposes of these regulations the term recreational equipment included the following: Snowmobiles, Snowmobile trailers, Boars, Boat Trailers, Travel or Camp trailers, Pickup Camper tops, Motorized dwellings, Tent trailers, and the like. No major recreational equipment may be parked or stored in any required front or side yard, other than the driveway, provided however, that such equipment may be parked anywhere on residential premises not to exceed twenty-four (24) hours during loading and unloading. No such equipment shall be used for a period of not longer than fifteen (15) days for living, sleeping, or housekeeping purposes on any residential lot, public street or alley, or in any location not specifically approved for such use.

17.68.060 Definitions

a. The term “liquefied petroleum gases” means and includes any material which is composed predominantly of any of the following hydrocarbons, or mixtures of them: propane, propylene, natural gas, butane and butlyene.

b. “LPG bulk storage facility” is defined as any individual storage container containing liquefied petroleum gases with a capacity in excess of 500 gallons water capacity.

17.68.065 Prohibited uses.

a. No premise in the City of Dillon shall be used for an LPG bulk storage facility.

b. Nothing in this ordinance shall be construed to restrict existing LPG bulk storage facilities which conform to the Uniform Fire Code.

Chapter 17.69 Definition of Public Lands and Institutions- PLI Zone.

Sections:

17.69.010 Establishment of district.

17.69.020 Permitted principal uses.

17.69.030 Prohibited uses.

17.69.0540 Building Set backs.

17.69.050 Building height requirements.

17.69.060 Signs

17.69.070 Off street parking.

17.69.080 Temporary uses.

17.69.090 Fencing

17.69.100 Landscaping.

17.69.110 Lighting.

17.69.120 Sidewalks.

17.69.130 Rights of way

17.69.010 Establishment of district. The Public Lands and Institutions (PLI Zone) district is established to provide for and to reserve land for open lands, public and quasi-public institutional uses and recreational and public service activities for the current and future benefit of the citizens of the City.

17.69.020 Permitted principal uses.

Open timber and crop land uses, excluding the raising or feeding of animals unless that activity is ancillary to the use of the land

Publicly owned land in use for parks, playgrounds, golf courses, country clubs and other open spaces

Zoos, museums, historic and cultural exhibits, nature walks, gardens, arboreta and similar activities

Water conservation, flood control, flood plains, drainage area, nature conservation and preservation areas

Nonprofit, public and quasi-public institutions, including schools, colleges and universities, hospitals, children’s homes, rehabilitation centers, nursing homes and similarly approved pubic interest-oriented activities.

Public and government office buildings, memorial stadia, statuary, fountains

Utility installations, transportation or transit centers

Military installations and cemeteries.

17.69.030 Prohibited uses.

No premises shall be used for raising livestock unless it is ancillary to the primary use of the land.

No residential building or buildings shall be permitted in this district unless it is ancillary to the primary use of the land.

17.69.0540 Building Set backs. No buildings shall be constructed within twenty five (25) feet from any public street frontages. Not less than 5’ minimum set back from abutting private property lot lines is required.

17.69.050 Building height requirements. No building in excess of thirty five feet in height shall be constructed in this zone.

17.69.060 Signs. All on-site signs permitted in the District are subject to the following regulations

a. Set back: No free standing sign shall be set nearer to the lot line adjacent to a public frontage than 25 feet.

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 (2 ½) feet from the curb or exterior edge of the sidewalk relative to the street.

17.69.070 Off street parking. Off street parking shall be provided.

17.69.080 Temporary uses. Temporary structures, mobile homes, and storage areas on construction sites, temporary structures on sites of grading operations, temporary signs, the use of open land for meetings, circuses or carnivals, or the sale of Christmas trees, baked goods, or collected clothing or the like, if no permanent structure is erected, are permitted in this district.

17.69.090 Fencing. The following uses must be enclosed by a security fence not less than six (6) feet high.

a. Outdoor storage of materials or equipment adjacent to the public right of way or residential property.

b. Above ground storage of flammable liquids, gasses or other volatile materials.

c. Electrical substations, gas regulator stations, and microwave reflectors.

17.69.100 Landscaping. Landscaping must be provided in compliance with this ordinance. Landscape treatments shall be applied to that portion of the lot not otherwise occupied by a structure. It shall be the responsibility of the landowner to control weeds.

17.69.110 Lighting. Lighting must be shielded to prevent direct light being cast upon adjacent residential property or an institution used for human care.

17.69.120 Sidewalks. Permanent sidewalks shall be constructed flush with any curb or frontage lines contiguous to public street frontage. The total width of curb and sidewalks shall be not less than five (5) feet.

17.69.130 Rights of way. Any streets and alleys in the public lands and institutions district may be widened, altered, abandoned or closed as necessary for proper development of the area. Additional public streets, alleys and easements may be created in the district as needed for temporary development.

Chapter 17.72 Zoning Compliance Officer

Sections:

17.72.020 Duties of Zoning Compliance Officer.

17.72.021 Recording of Notice of Variance:

17.72.022 City Record

17.72.020 Duties of Zoning Compliance Officer:

a. The Zoning Compliance Officer shall be appointed by the Mayor and said appointment shall be confirmed by the City Council.

b. The Zoning Compliance Officer shall receive applications for “Zoning Compliance Certificate”, review these applications and plan to see that they meet zoning ordinance requirements, inspect premises to see that certificate conditions are met, and issue the zoning compliance certificate.

c. When the Zoning Compliance Officer finds that any of the provisions of this ordinance are being violated, he shall notify in writing the person(s) responsible for such violations and the landowner, indicating the nature of the violation and ordering the action necessary to correct it. The Zoning Compliance Officer shall order discontinuance of any illegal work being done, and/or shall take any other action authorized to ensure compliance with or to prevent violations of provisions of the city zoning ordinance.

d. If upon application for a zoning compliance certificate or if it is otherwise somehow determined by the Zoning Compliance Officer that a violation exists which was a violation of dimensional requirements within this ordinance, and this irregularity was either created by a previous owner of the property, variance, or by the adoption of Title 17; and the planned addition and/or improvement shown on the application for the Zoning Compliance Certificate does not expand the existing dimensional violation and is otherwise in compliance with all other regulations and ordinances, then the existing violation shall be ignored.

e. If it is determined by the Zoning Compliance Officer that a violation exists in the use made of a property subject to this ordinance which was either created by a previous use of the property, variance, or by the adoption of Title 17; and that the planned use shown on the application for the Zoning Compliance Certificate does not change the existing non-conformity and is in compliance with all other regulations and ordinances, then the existing use may be continued.

17.72.021 Recording of Notice of Variance Notice of the grant of a variance and its extent shall be recorded in the records of Beaverhead County at the owner’s cost. If the variance is based on a pre-ordinance non-conforming use or pre-ordinance non-conforming dimensions, the notice will contain a finding of that fact and a description of the non-conformance. When a Certificate of Compliance is issued for a property that is subject to a non-conforming use or dimension, a notice of that fact stating the character and extent of the non-conforming use or dimension shall be recorded by the City.

17.72.022 City Record The City will maintain an index in its permanent records of granted variances and notices of variances indexed by Lot and Block.

Chapter 17.76 Zoning Compliance Certificate

Sections:

17.76.010 Zoning Compliance Certificate required.

17.76.020 Application for Zoning Compliance Certificate.

17.76.030 Zoning Compliance Certificate expiration.

17.76.010 Zoning compliance certificate required A zoning compliance certificate shall be secured from the Zoning Compliance Officer prior to the construction, reconstruction, erection, enlargement, relocation or structural alteration of any building or part thereof, or of any sign or group of signs having a permanent location, and prior to any change of use of any building or land except that no such permit shall be required for the erection or alteration of a barn or other outbuilding on a bona fide farm. A zoning compliance certificate shall also be secured for any home occupation or temporary use permitted under this ordinance.

17.76.020 Application for zoning compliance certificate All applications for certificates shall be accompanied by plans drawn to scale, showing the actual dimensions and shape of the lot to be built upon, the exact sizes and location of the lot of buildings already existing, if any, and the location and dimensions of the proposed building or alteration. The application shall include existing or housekeeping units, or rental units the building is designed to accommodate.

17.76.030 Zoning compliance certificate expiration If the work described in any zoning compliance certificate has not begun within one (1) year from the date of issuance thereof, the permit expires.

Chapter 17.80 Zoning Commission / Planning Board

Sections:

17.80.010 Appointment of zoning commission / planning board.

17.80.015 Term of office.

17.80.020 Duties.

17.80.010 Appointment of Zoning Commission / Planning Board The Zoning Commission, consisting of seven (7) members, shall be established by the City Council and shall also serve as the Planning Board for the City of Dillon. The members of the Zoning Commission / Planning Board shall be appointed as follows:

Four (4) members appointed by the Mayor. Said members to be citizens of the City of Dillon.

Two (2) members to be elected by the City Council.

One (1) member to be selected by the Board of County Commissioners and to be appointed by the Mayor

17.80.015 Term of office The present membership of the Planning Board will expire January 1, 1993 at which time terms of membership for the Zoning Commission / Planning Board will be as follows:

Four (4) members to be appointed to two (2) year terms as follows:

a. Two (2) members to be appointed by the Mayor.

b. One (1) member to be appointed by the City Council.

c. One (1) member to be selected by the Board of County Commissioners.

Three (3) members to be appointed to (1) year term as follows:

a. Two (2) members to be appointed by the Mayor.

b. One (1) member to be elected by the City Council.

All appointments after January 1, 1993 will be for two (2) year terms. No member shall serve more than two (2) consecutive terms.

17.80.020 Duties

a. The duties of the Zoning Commission / Planning Board are to recommend the boundaries of the various districts and appropriate regulation to enforce this ordinance.

b. Additional duties of the Zoning Commission / Planning Board are to recommend the boundaries and the zoning designation of any proposed annexations to the City of Dillon, any subdivisions, or any requests by petition for zoning changes or changes in this ordinance.

Chapter 17.84 Board of Adjustments

Sections:

17.84.010 Board of Adjustments established.

17.84.011 Term of Office

17.84.012 Qualification of members.

17.84.013 Presiding Officer.

17.84.014 Quorum.

17.84.015 Initial Procedure.

17.84.020 Hearings, appeals notice.

17.84.030 Board of Adjustment vote.

17.84.040 Application for variance.

17.84.050 Appeals from Board of Adjustment.

17.84.010. Board of Adjustment Established The Board shall consist of seven persons, all residents of the City of Dillon.

17.84.011. Term of Office The term of office shall be four years. The first group of seven appointees will draw lots to determine the terms of the initial appointees. Four of the appointees terms will expire in two years, the remaining three members terms will continue for four years. The President of the City Council and Planning Board members’ terms on the Board of Adjustment expire at the earliest of the expiration of their term on the council or Planning Board or the term selected by lot, which ever comes first.

17.84.012. Qualification of members The members of the Board of Adjustment shall consist of no less than one member of the City Planning Board, to be selected by the City Planning Board or in default of the Board to make a selection, the Chairman of the Planning Board shall serve. The county representative to the Planning Board is not eligible to sit on the Board of Adjustment. The President of the City Council and one additional City Council member shall be members. The remaining four members shall all be residents of the City of Dillon. They shall be appointed by the City Council.

17.84.013. Presiding Officer The President of the Council shall preside at all sessions of the Board of Adjustments. The Chairman shall be a voting member. He shall convene and conduct all meetings and keep all records, proceeding minutes, and reports of the Board.

17.84.014. Quorum All proceedings before the Board must be conducted in front of no less than six members. Should the body not consist of the seven required members due to lack of appointment of a member, proceedings may occur before the full number of actual appointees in office at the time the request for variance is filed. If a quorum is not available the President of the City Council may reset the hearing for a later date and time. Notice of the rescheduled hearing must be given by posting notice of the rescheduled hearing not less than 48 hours before the hearing is to commence.

17.84.015. Initial Procedure When an application for a variance is received by the City Clerk, the Clerk shall forward it to the President of the Council who shall arrange for the date, place, and time of the hearing, and cause notice to be given according to ordinance. The hearing must be held within 60 days of the City’s receipt of the appeal.

17.84.020. Hearings, appeals notice Appeals to the Board of Adjustment concerning the interpretation of this ordinance may be taken by any person aggrieved by any decision of the Zoning Compliance Officer. Such appeals shall be taken within a reasonable time, not to exceed sixty (60) days, by filing with the City Clerk a notice of appeal specifying the grounds thereof. The Chairman of the Board of Adjustment shall fix a reasonable time for the hearing of appeal. The City Clerk shall give public notice by publication in a newspaper of general circulation within the city, not less than six (6) days prior to the public hearing. Notice shall be given by first class mail to all property owners who hold property immediately adjacent there to and in the rear thereof extending one hundred and fifty (150) feet therefrom, and to those property owners adjacent on either side within the same block or those directly opposite thereof extending one hundred and fifty (150) feet from the street frontage of such opposite lots. At the hearing any party may appear in person or by agent or attorney.

17.84.030. Board of Adjustment vote The concurring vote of four members of the Board is necessary to reverse any order, requirement, decision, or determination of the Zoning Compliance Officer.

17.84.040 Application for variance If the literal enforcement of this ordinance and the decision of the Zoning Compliance Officer would result in an unnecessary hardship, a variance from the terms of this ordinance can be applied for to the Board of Adjustment. A variance from the terms of this ordinance shall not be granted by the Board of Adjustment unless and until the appropriate conditions are met:

For a USE VARIANCE, all of the following conditions must be met:

a. That special conditions and circumstances exist which are peculiar to the land, structure, or building involved and which are not applicable to other lands, structures, or buildings in the same zoning district.

b. That literal interpretations of the provisions of this ordinance would deprive the applicants of rights commonly enjoyed by other properties in the same zoning district under the terms of this ordinance.

c. That the special conditions and circumstances do not result from the action of the applicant.

d. That granting the variance requested will not confer on the applicant any special privilege that is denied by the ordinance to other land, structures, or buildings in the same zoning district.

For a DIMENSIONAL VARIANCE, all of the following conditions must be met:

a. That the variance sought is not substantial in relation to the dimensional requirement of the ordinance.

b. That a substantial change will not be produced in the character of the neighborhood as a result of the variance.

c. That the difficulty for which the variance is sought cannot be obviated by some other feasible method.

d. That, considering the manner in which the difficulty for which the variance is sought arose, the interests of justice will be served by allowing the variance.

17.84.050 Appeals from board of adjustment. Any person(s) aggrieved by any decision of the Board of Adjustment may present to a court of record a petition setting forth that such decision is illegal, in whole or part, specifying the grounds of the illegality. Such petition shall be presented to the court within thirty (30) days after the filing of the decision of the Board of Adjustment.

Chapter 17.88 Amendments

Sections:

17.88.010 Who may initiate.

17.88.020 Public hearing required.

17.88.010 Who may initiate Proposals to amend, supplement, change, modify or repeal any of the regulations or the district boundaries established by this ordinance or hereafter established may be initiated by the City Council, Zoning Commission / Planning Board, or by petition. Proposals to amend or change the regulations or zoning boundaries shall be submitted to, and reviewed by, the zoning commission, which shall consider their merit and make a recommendation to the city council.

17.88.020 Public hearing required No action to amend, supplement, change, or repeal this ordinance may be taken until a public hearing is publicized and held.

Chapter 17.92 Violations

Sections;

17.92.010 Complaints.

17.92.020 Penalties.

17.92.010 Complaints Whenever a violation of this ordinance occurs, or is alleged to have occurred, any person may file a written complaint. Such complaint, stating fully the basis thereof, shall be filed with the Zoning Compliance Officer. He shall properly record such complaint, immediately investigate, take action thereon as provided by this ordinance, and report same to the City Council at its regular meeting.

17.92.020 Penalties Violation of the provisions of this ordinance or failure to comply with any of its requirements constitutes a misdemeanor. Any person who violates this ordinance shall, upon conviction thereof, be fined not more than one hundred (100) dollars, and in addition, shall pay all costs and expenses involved in the case. Each day such violation continues is a separate offense.

Chapter 17.96 Separability Clause

Sections:

17.96.010 Purpose.

17.96.010 Purpose Should any section or provision of this ordinance be declared by the courts to be unconstitutional or invalid, such decision shall not affect the validity of this ordinance as a whole, or any part thereof, other than the part declared to be unconstitutional or invalid.

Chapter 17.98 Repeal

Sections:

17.98.010 Repeal.

17.98.010 Repeal All other ordinances or parts of ordinances of the City of Dillon in conflict or inconsistent with provisions of this ordinance are hereby