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DRAFT – DRAFT - DRAFT GREELEY NEIGHBORHOOD PLAN LAND USE REGULATIONS OVERVIEW This section discusses the land use regulations in the Greeley Neighborhood and also looks at provisions for changes to the regulations in the Butte-Silver Bow County Growth Policy - 2008 Update. Zoning ordinances and subdivision regulations are the two most commonly used legal mechanisms to carry out comprehensive plans. (Hoch) In Montana law, comprehensive plans are referred to as “Growth Policies.” A zoning ordinance typically divides a community into districts and regulates land use in each district, specifying which uses are permitted, the density of uses, and size of buildings. Subdivision regulations govern the division of land. Because much of Greeley is already laid out into blocks and lots, and the lots are typically smaller than residential development in other areas of the county, subdivision regulations do not come into action as frequently in the Greeley Neighborhood as they would in more rural areas. The Community “Decay” Ordinance (also referred to as the Community “Enrichment” Ordinance) and Butte’s Historic Preservation ordinance are other regulatory measures that may affect land uses in the Greeley Neighborhood. 1. ZONING Montana state law stipulates that zoning regulations must be in accordance with a growth policy. The Butte-Silver Bow County Growth Policy – 2008 Update identifies a general proposed land use classification system and map as the basis for changes to existing zoning. The 2008 Growth Policy Update also recommended neighborhood specific plans, which would (or could) identify specific land use objectives that would further refine the general objectives of the overall plan. Traditional zoning ordinances separate land uses into categories. In the urban area of Butte, these basic categories are “Residential,” “Commercial,” and “Industrial.” The complete Butte-Silver Bow zoning ordinance is found on the local government web site at the link for municipal code: http://co.silverbow.mt.us/municipal_code.asp. The Butte urban zoning code is basically pyramidal or hierarchical in that it generally allows “higher,” less intensive uses (such as residences) in the “lower” zones that allow more intensive uses (such as commercial). In the Butte urban zoning code for example, the “lower” R-2 zone (Two-Family Residential Zone) states that it allows all uses in the “higher” R-1 zone (One-Family Residential Zone) and then clarifies which additional uses are allowed within the R-2 zone. In the zoning code, Permitted uses are those that are specifically allowed – if the use meets the standards, approval is automatic. Conditional and Special uses are discretionary uses that are not automatically approved and which must go through separate review to determine compatibility and acceptability within the zoning code. GREELEY NEIGHBORHOOD PLAN - DRAFT Land Use Regulations Page 1 ---PAGE BREAK--- In addition to the requirements for each zone, there are also general requirements that apply in all zones for signage, parking, home occupations, manufactured homes, and planned unit developments. The code also addresses Nonconforming uses, which are those uses which were lawful before the current zoning code, but which do not conform to the current zoning requirements. It is the intent of the zoning code to allow nonconforming uses to continue until they are removed, but not to encourage their survival. In Greeley, there are only two basic zone categories – Residential and Commercial, but residential has several sub-categories: Residential R-1 Single Family Residence R-3 Multi-Family Residence Zone R-4 Mobile Home Commercial C-1 Local Commercial Zone A summary of purpose and key aspects of each zone in the Greeley Neighborhood is shown in Table 1. Figure 1 is a map of zoning in the Greeley Neighborhood. Due to the age of the neighborhood, there are nonconforming uses scattered throughout. In addition there have been new businesses (particularly along Farrell Street) that have been permitted by variances. (Hess) Many residential lots do not likely have the required minimum lot area now required for a single family home (6,000 square feet). Butte’s commercial zones do not allow single- family or two-family residences. Residential apartments on the second floor of commercial businesses are allowed within the C-1 zone. 2. COMMUNITY DECAY ORDINANCE The Community Decay Ordinance is found in Chapter 8.06 of the Butte Municipal Code. Its purpose is to “is to provide for an ordinance to control public nuisances referred to as "community decay" caused by accumulation of rubble, debris, junk or refuse (including buildings which have become dilapidated through neglect or inattention) and establish procedures for its enforcement.” The regulations include an exhaustive list of possible violations from weeds to firewood storage to exterior maintenance of structures. The Butte-Silver Bow health officer and the Butte-Silver Bow sheriff or their designees are the community decay coordinator. Enforcement powers include the right to abate the nuisance, after procedures have been taken to provide notification to the landowner of the problem. 3. HISTORIC PRESERVATION ORDINANCE Historic preservation ordinances in Chapter 2.64 of the Butte Municipal Code address design review standards and demolition permit review. The guidelines for design review GREELEY NEIGHBORHOOD PLAN - DRAFT Land Use Regulations Page 2 ---PAGE BREAK--- GREELEY NEIGHBORHOOD PLAN - DRAFT Land Use Regulations Page 3 demolition permit review have recently been redrafted by the Butte Historic Preservation Commission (established per Chapter 2.64 of the code). At the time of this report, the draft was under review by the County Attorney. (Jarvis) Only local register properties are subject to the design review. "Local register property" means an historic property that has been designated to the local register by the Butte Historic Preservation Commission. Properties are listed with the consent of the owner. By consenting to have their property listed the owner(s) agree to maintain the property in a manner consistent with its original design and construction. As of July 2010, there is one “local register property.” (Jarvis) No historic property may be demolished without approval of the Historic Preservation Commission. Historic property is defined as any prehistoric or historic district, site, landscape, building, structure, object or traditional cultural property included in, or eligible for, inclusion in the national register. Before a property may be demolished, there must first be a determination of whether it meets the definition of historic. If not, it may be demolished without further review. If it is determined historic, it must qualify for demolition under the guidelines. Decisions of the Historic Preservation Commission are appealable to the Butte-Silver Bow Council of Commissioners. In five years or more, not a single property has ultimately been denied final approval need for demolition. (Jarvis) 4. BUTTE-SILVER BOW COUNTY GROWTH POLICY 2008 UPDATE – CONSIDERATIONS AND RECOMMENDATIONS The Butte-Silver Bow County Growth Policy Update) includes a number of recommendations related to land use regulation. It includes a map with conceptual layouts of broad zoning classifications for commercial and residential. Within the Greeley Neighborhood, the conceptual land use includes commercial, residential, and institution old Greeley School property). There is also more commercial land area designation and extends the length of Contintental Drive-Farrell Street. Sources Butte-Silver Bow County Growth Policy 2008 Update. http://co.silverbow.mt.us/departments/documents/Butte- SilverBowGrowthPolicy2008Update-Final.pdf Butte-Silver Bow Municipal Code. http://co.silverbow.mt.us/departments/documents/Butte- SilverBowGrowthPolicy2008Update-Final.pdf Hoch, Charles J. Editor. The Practice of Local Government Planning, Third Edition. 2000. International Cit/County Management Association. Washington, DC. Jarvis, Jim. Silver Bow County Historic Preservation Officer. Phone conversation with Anne Cossitt, July 9, 2010. ---PAGE BREAK--- GREELEY NEIGHBORHOOD ZONING SUMMARY Zone Title Primary Intended Use Permitted Uses Excluded uses Conditional Uses Building Height Limits Minimum Lot Area Minimum Lot Width R-1 One-Family Residence Zone One-family residences Single-Family, Two-family, Manufactured Homes (Class A and Modular), Rooms/Board for not more than 2 adult persons, Accessory Uses, Day Care Homes, Special Uses (a long list ranging from art galleries to electric power plants, sewerage treatment plants, public and private schools) Class B manufactured homes, Temporary uses,Home Occupations, keeping fow and similar animals 35 feet 6,000 sq ft 60 ft R-3 Multi-Family Residence Zone Multi-family residences Same as R-2 AND ALSO Multi-family, Boarding homes for not more than 8 persons, Day care homes, family or group Same as R-2 AND ALSO Medical, dental, hotels, motels, private clubs and lodges 80 ft 7500 sq ft for 2- 8 units 80 ft R-4 Mobile Home Zone Mobile home residence special zone where mobile homes may be placed without change in the character of the neighborhood Single-family, Manufactured Homes (Class A, B, C and Modular), mobile homes on individual lots, mobile home parks, Accessory uses, Day care homes (family or group); Special Uses same as R-1 and additional special uses Hotels, motels, private clubs and lodges, medical and dental offices, any non-residential use permitted condiionally in R-3 zone Same as R-1 6,000 sq ft 60 feet C-1 Local Commercial Zone Neighborhood shopping facilities serving the residents within one- half mile; preferred is locations within a business island rather than Any non-residential use permitted in R-1 zone AND ALSO Any retail use as long as within a bulding not larger than 5,000 ft gross floor area long list of specific no business serving alcoholic beverages Drive-in restaurants, mini- storage warehouses Same as R-2 8,000 sq ft 75 feet within a business island rather than on several sites scattered through the neighborhood or in ribbons along arterials ft gross floor area, long list of specific additional uses including Residential apartments on the second floor of commercial businesses, and Special Uses same as R-2 warehouses, satellite banks, public housing, correctional housing ---PAGE BREAK--- R1 NZ R4 R2 R3 M1 C2 R1 C1 R3 C1 M2L ELM ST GRAND AVE MARCIA ST LOCUST ST GEORGE ST PINE ST WALNUT ST FARRELL ST TEXAS AVE STUART AVE WILSON AVE CAROLINA AVE LAFAYETTE AVE ADAMS AVE GLADSTONE AVE CONTINENTAL DR THOMAS AVE HAYES AVE FLORENCE AVE GARFIELD AVE FARRAGUT AVE THORNTON AVE HECLA ST SILVER BOW BLVD WALL ST DEXTER ST HARRISON AVE SHIELDS AVE EAGLE ST GREGSON ST N PARK PL HANCOCK AVE FLORIDA AVE BANKS AVE MONROE AVE HOWARD AVE PORTER AVE GARRISON AVE FAIRMONT ST REYNOLDS AVE SHERMAN AVE COBBAN ST CIVIC CENTER RD ARGYLE ST MASSACHUSETTS AVE S PARK PL ABERDEEN ST GEORGIA AVE WALNUT ALY WALL ST ARGYLE ST ADAMS AVE ABERDEEN ST SILVER BOW BLVD HOWARD AVE THORNTON AVE SILVER BOW BLVD MONROE AVE GARFIELD AVE ARGYLE ST 700 0 700 350 Feet Greeley School Zoning Road or Street Greeley School Project Area Local Commercial (C1) Community Commercial (C2) Transitional Community Commercial (C2T) Central Commercial (C3) Commercial and Light Industrial (CM) Light Industrial (M1) Limited Light Industrial (M1L) Limited Heavy Industrial (M2L) Not Zoned (NZ) One-Family Residential (R1) Two-Family Residential (R2) Multi-Family Residential (R3) Mobile Homes (R4) ---PAGE BREAK--- ELM ST GRAND AVE LOCUST ST PINE ST MARCIA ST WALNUT ST GEORGE ST FARRELL ST TEXAS AVE STUART AVE WILSON AVE CAROLINA AVE WALL ST LAFAYETTE AVE ADAMS AVE GLADSTONE AVE HAYES AVE THOMAS AVE CONTINENTAL DR GARFIELD AVE FARRAGUT AVE THORNTON AVE SILVER BOW BLVD HECLA ST DEXTER ST EAGLE ST N PARK PL GREGSON ST HANCOCK AVE FAIRMONT ST FLORIDA AVE BANKS AVE MONROE AVE HOWARD AVE PORTER AVE REYNOLDS AVE SHERMAN AVE ARGYLE ST S PARK PL MASSACHUSETTS AVE ABERDEEN ST WALNUT ALY SILVER BOW BLVD ABERDEEN ST SILVER BOW BLVD HOWARD AVE GARFIELD AVE THORNTON AVE MONROE AVE ADAMS AVE THORNTON AVE ARGYLE ST ARGYLE ST 600 0 600 300 Feet Greeley School Growth Policy Road or Street Greeley School Urban Limit Boundary Building or Structure Growth Policy Land Uses COMMERCIAL INDUSTRIAL INSTITUTION PUBLIC/OPEN SPACE RC RD10 RD3 RD40 RESIDENTIAL