Document Missoula_doc_a46e7b95a1

DRAFT DATED: 5/29/09 ORDINANCE AN ORDINANCE OF THE MISSOULA CITY COUNCIL REPEALING TITLE 19 IN ITS ENTIRETY, ALSO KNOWN AS THE EXISTING MISSOULA CITY ZONING ORDI- NANCE, AND ESTABLISHING TITLE 20, MISSOULA CITY ZONING ORDINANCE. BE IT ORDAINED THAT TITLE 19, MISSOULA CITY ZONING ORDINANCE BE RE- PEALED IN ITS ENTIRETY AND TITLE 20, MISSOULA CITY ZONING ORDINANCE, BE CREATED AS FOLLOWS: [remainder of page intentionally blank] ---PAGE BREAK--- City Council Public Hearing Draft [as unanimously recommended by Planning Board 05-19-2009] 05-29-2009 ---PAGE BREAK--- ---PAGE BREAK--- ---PAGE BREAK--- ---PAGE BREAK--- M I S S O U L A Z O N I N G O R D I N A N C E Public Hearing Draft (05-29-2009) – Page i Title 20. Zoning Contents Chapter 20.01 Introductory 20.01-1 20.01.010 Official Name 20.01-1 20.01.020 Effective 20.01-1 20.01.030 20.01-1 20.01.040 20.01-1 20.01.050 Purposes 20.01-1 20.01.060 Minimum Requirements; Compliance with other Applicable 20.01-1 20.01.070 Compliance Required 20.01-2 20.01.080 Conflicting 20.01-2 20.01.090 Rules of Language and Ordinance 20.01-2 20.01.100 Zoning Map 20.01-4 20.01.110 Transitional 20.01-5 20.01.120 Special Districts 20.01-8 20.01.130 20.01-8 Chapter 20.05 Residential 20.05-1 20.05.010 General 20.05-1 20.05.020 Allowed 20.05-2 20.05.030 Residential Building Types 20.05-3 20.05.040 Development Options 20.05-6 20.05.050 Parcel and Building 20.05-8 20.05.060 Other Regulations 20.05-10 Chapter 20.10 Business and Commercial Districts 20.10-11 20.10.010 General 20.10-11 20.10.020 Allowed 20.10-11 20.10.030 Parcel and Building 20.10-15 20.10.040 Site, Design and Operational 20.10-16 20.10.050 Other Regulations 20.10-16 Chapter 20.15 Industrial and Manufacturing Districts 20.15-1 20.15.010 General 20.15-1 20.15.020 Allowed 20.15-1 20.15.030 Residential Building Types 20.15-4 20.15.040 Parcel and Building 20.15-4 20.15.050 Site, Design and Operational 20.15-5 20.15.060 Other Regulations 20.15-6 Chapter 20.20 Open Space and Public 20.20-1 20.20.010 General 20.20-1 20.20.020 Allowed 20.20-1 20.20.030 Development Options 20.20-3 20.20.040 Parcel and Building 20.20-3 20.20.050 Other Regulations 20.20-4 Chapter 20.25 Overlay 20.25-1 20.25.010 General 20.25-1 20.25.020 Pedestrian Overlay 20.25-1 20.25.030 /PUD, Planned Unit Development 20.25-4 20.25.040 /NC, Neighborhood Character Overlays 20.25-7 ---PAGE BREAK--- Contents M I S S O U L A Z O N I N G O R D I N A N C E Public Hearing Draft (05-29-2009) – Page ii 20.25.050 /NC-B, Boulevard Neighborhood Character Overlay 20.25-9 20.25.060 /NC-SR, Southside Riverfront Neighborhood Character Overlay 20.25-9 20.25.070 /NC-FM, Historic Fort Missoula Neighborhood Character Overlay 20.25-12 20.25.080 /ADU, Accessory Dwelling Unit 20.25-15 20.25.090 Downtown 20.25-18 20.25.100 /TO, Transit-Oriented Overlay 20.25-18 Chapter 20.30 Historic Preservation 20.30-1 Chapter 20.40 Use- and Building-Specific 20.40-1 20.40.010 20.40-1 20.40.020 Animal Sales and Grooming 20.40-1 20.40.030 Bed and Breakfast 20.40-1 20.40.040 Casinos, Taverns and 20.40-2 20.40.050 Enterprise Commercial 20.40-2 20.40.060 Gasoline and Fuel Sales 20.40-4 20.40.070 Group 20.40-4 20.40.080 Multi-dwelling Building 20.40-6 20.40.090 Multi-dwelling House 20.40-9 20.40.100 Residential Storage 20.40-9 20.40.110 Residential Support Services 20.40-10 20.40.120 Temporary 20.40-10 20.40.130 20.40-12 20.40.140 Truck Stop/Travel 20.40-15 20.40.150 Wireless Communication Facilities 20.40-16 Chapter 20.45 Accessory Uses and Structures 20.45-1 20.45.010 General 20.45-1 20.45.020 Parcel and Building Standards in Residential 20.45-1 20.45.030 Parcel and Building Standards in Nonresidential Districts 20.45-2 20.45.040 Accessory Structures for Livestock or 20.45-3 20.45.050 Home Occupations 20.45-3 20.45.060 Satellite Dish 20.45-5 20.45.070 Wind Energy Conversion Systems 20.45-5 Chapter 20.50 Natural Resource 20.50-1 20.50.010 Hillside 20.50-1 20.50.020 Ridgeline Protection 20.50-5 20.50.030 Riparian Resource Protection 20.50-5 20.50.040 Agricultural Land Preservation 20.50-9 20.50.050 Wildlife Habitat and Biologically Sensitive Land Protection 20.50-9 20.50.060 Wildland Fire Protection 20.50-9 Chapter 20.55 Cluster and Conservation 20.55-1 20.55.010 20.55-1 20.55.020 Parcel and Building 20.55-1 20.55.030 Maximum Density and Net Site Area 20.55-1 20.55.040 Open 20.55-2 20.55.050 Permanent Protection of Open Space 20.55-4 20.55.060 Perimeter Treatment Abutting Conventional Subdivisions 20.55-5 Chapter 20.60 Parking and 20.60-1 20.60.010 General 20.60-1 20.60.020 Required Motor Vehicle 20.60-3 20.60.030 Shared 20.60-6 20.60.040 Location of Off-Street 20.60-8 20.60.050 Use of Off-Street Parking 20.60-8 ---PAGE BREAK--- Contents M I S S O U L A Z O N I N G O R D I N A N C E Public Hearing Draft (05-29-2009) – Page iii 20.60.060 Parking Area Design 20.60-9 20.60.070 Accessible Parking (for People with 20.60-9 20.60.080 Transit-Served Locations 20.60-9 20.60.090 Bicycle Parking 20.60-10 20.60.100 20.60-12 20.60.110 Drive-through Facilities and Vehicle Stacking 20.60-12 20.60.120 20.60-13 20.60.130 Off-Street Loading 20.60-13 20.60.140 Traffic Studies 20.60-14 Chapter 20.65 20.65-1 20.65.010 General 20.65-1 20.65.020 General Site Landscaping 20.65-2 20.65.030 Street Frontage 20.65-4 20.65.040 Interior Parking Lot 20.65-6 20.65.050 Perimeter Parking Lot 20.65-7 20.65.060 20.65-8 20.65.070 Screening 20.65-9 20.65.080 Landscape Material and 20.65-10 20.65.090 Installation and Maintenance 20.65-12 20.65.100 Alternative 20.65-13 Chapter 20.70 Miscellaneous Regulations 20.70-1 20.70.010 Unzoned 20.70-1 Chapter 20.75 Signs 20.75-1 20.75.010 Purpose 20.75-1 20.75.020 General Sign Regulations 20.75-1 20.75.030 Prohibited Signs and Sign Characteristics 20.75-2 20.75.040 Signs Allowed Without a Sign 20.75-3 20.75.050 Signs in Residential and Open Space/Public 20.75-4 20.75.060 Signs in Nonresidential Districts 20.75-4 20.75.070 Regulations of Specific Types of Signs 20.75-6 20.75.080 Signs for Businesses that Lack Street Frontage 20.75-11 20.75.090 Off-Premise Sign 20.75-11 20.75.100 Special Signs; Review by the Design Review 20.75-12 20.75.110 Maintenance and 20.75-13 20.75.120 Nonconforming Signs 20.75-14 20.75.130 Sign Variances 20.75-14 20.75.140 Administration and 20.75-14 20.75.150 Violations, Penalties and Enforcement 20.75-15 20.75.160 Off-Premise 20.75-15 20.75.170 Measurement Rules 20.75-16 Chapter 20.80 20.80-1 20.80.010 General 20.80-1 20.80.020 Nonconforming Lots 20.80-2 20.80.030 Nonconforming Structures 20.80-3 20.80.040 Nonconforming Uses 20.80-4 20.80.050 Nonconforming Signs 20.80-6 Chapter 20.85 Review and Approval Procedures 20.85-1 20.85.010 Review and Decision-making Authority (Summary Table) 20.85-1 20.85.020 Common 20.85-2 20.85.030 Review and Decision-Making Criteria; Burden of Proof or 20.85-4 20.85.040 Text 20.85-5 20.85.050 Zoning Map Amendments 20.85-6 20.85.060 Planned Unit 20.85-9 ---PAGE BREAK--- Contents M I S S O U L A Z O N I N G O R D I N A N C E Public Hearing Draft (05-29-2009) – Page iv 20.85.070 Conditional 20.85-12 20.85.080 Design 20.85-15 20.85.090 20.85-18 20.85.100 Appeals of Administrative 20.85-20 20.85.110 Administrative 20.85-22 20.85.120 Zoning Compliance Permits 20.85-25 20.85.130 Zoning Compliance 20.85-26 20.85.140 Final Zoning Compliance Approval 20.85-28 Chapter 20.90 20.90-1 20.90.010 Board of 20.90-1 20.90.020 Design Review Board 20.90-2 20.90.030 Historic Preservation 20.90-3 20.90.040 Planning 20.90-6 20.90.050 Zoning Officer 20.90-8 20.90.060 Historic Preservation Officer 20.90-9 Chapter 20.95 Violations, Penalties and Enforcement 20.95-1 20.95.010 General 20.95-1 20.95.020 Responsibility for Enforcement 20.95-1 20.95.030 Responsibility for Violations 20.95-1 20.95.040 20.95-1 20.95.050 Remedies and Enforcement 20.95-2 20.95.060 20.95-3 20.95.070 Other Remedies and Enforcement 20.95-3 20.95.080 Continuation of Previous Enforcement 20.95-3 Chapter 20.100 Terminology 20.100-1 20.100.010 General 20.100-1 Chapter 20.105 Use 20.105-1 20.105.010 General 20.105-1 20.105.020 Residential Use 20.105-2 20.105.030 Public and Civic Use 20.105-3 20.105.040 Commercial Use Group 20.105-4 20.105.050 Industrial Use 20.105-10 20.105.060 Other Use 20.105-13 Chapter 20.110 Measurements and Exceptions 20.110-1 20.110.010 Parcel 20.110-1 20.110.020 Parcel Area per 20.110-1 20.110.030 Parcel 20.110-1 20.110.040 Building 20.110-1 20.110.050 20.110-1 20.110.060 Building 20.110-5 20.110.070 District 20.110-7 Zoning Ordinance Appendix A: Riparian/Wetland Habitat and Community Appendix B: /RV, Rattlesnake Valley ---PAGE BREAK--- M I S S O U L A Z O N I N G O R D I N A N C E Public Hearing Draft (05-29-2009) – Page 20.01-1 Chapter 20.01 Introductory Provisions 20.01.010 Official Name 20.01-1 20.01.020 Effective 20.01-1 20.01.030 20.01-1 20.01.040 20.01-1 20.01.050 Purposes 20.01-1 20.01.060 Minimum Requirements; Compliance with other Applicable 20.01-1 20.01.070 Compliance Required 20.01-2 20.01.080 Conflicting 20.01-2 20.01.090 Rules of Language and Ordinance 20.01-2 20.01.100 Zoning Map 20.01-4 20.01.110 Transitional 20.01-5 20.01.120 Special Districts 20.01-8 20.01.130 20.01-8 20.01.010 Official Name (Title) The official name of this title (Title 20) is the “Zoning Ordinance of the City of Missoula, Montana.” For convenience, it is referred to throughout this chapter as the “zoning ordinance.” 20.01.020 Effective Date The provisions of this zoning ordinance become effective on and compliance with its provisions is manda- tory beginning [insert effective date] except as otherwise expressly stated. 20.01.030 Authority This zoning ordinance is adopted pursuant to the powers granted and limitations imposed by Montana law and the City of Missoula’s home-rule authority. 20.01.040 Applicability The regulations of this zoning ordinance apply to all development, public or private, within the corporate limits of the City of Missoula unless otherwise expressly stated. 20.01.050 Purposes This zoning ordinance is adopted for the purposes of: A. protecting and promoting the public health, safety and general welfare; B. implementing the policies and goals contained in the officially adopted growth policy and other adopted plans; C. establishing clear and efficient development review and approval procedures; and D. accommodating the orderly and beneficial development in accordance with the preceding purposes. 20.01.060 Minimum Requirements; Compliance with other Applicable Regulations A. The provisions of this zoning ordinance are the minimum requirements deemed neces- sary to carry out the zoning ordinance’s stated purpose and intent. B. In addition to the requirements of the zoning ordinance, all uses and development must comply with all other applicable city, state and federal regulations. C. All references in the zoning ordinance to other city, state, or federal regulations are for in- formational purposes only and do not constitute a complete list of such regulations. ---PAGE BREAK--- Chapter 20.01Chapter 20.05 Introductory ProvisionsResidential Districts 20.01.07020.05.030 Compliance RequiredResidential Building Types M I S S O U L A Z O N I N G O R D I N A N C E Public Hearing Draft (05-29-2009) – Page 20.01-2 These references do not imply any responsibility for the city to enforce state or federal regulations. 20.01.070 Compliance Required Except as otherwise expressly provided in this zoning ordinance: A. A building or structure may not be erected, moved, reconstructed, extended or structur- ally altered for any purpose other than one that is permitted in the subject zoning district. B. Land may not be used for any purpose other than one that is permitted in the subject zoning district. C. Buildings, structures and land may be used and arranged only in compliance with the re- quirements specified in this zoning ordinance. 20.01.080 Conflicting Provisions A. Conflict with State or Federal Regulations If the provisions of this zoning ordinance are inconsistent with those of the state or fed- eral government, the more restrictive provision will control, to the extent permitted by law. The more restrictive provision is the one that imposes more stringent controls. B. Conflict with Other City Regulations If the provisions of this zoning ordinance are inconsistent with one another, or if they conflict with provisions found in other adopted ordinances or regulations of the city, the more restrictive provision will control unless otherwise expressly stated. The more restric- tive provision is the one that imposes more stringent controls. C. Conflict with Private Agreements and Covenants This zoning ordinance is not intended to interfere with, abrogate or annul any easement, covenant, deed restriction or other agreement between private parties. If the provisions of this zoning ordinance impose a greater restriction than imposed by a private agreements or covenants, the provisions of this zoning ordinance control. Commentary: The city does not maintain a record of private agreements and is not responsible for enforcement of private agreements. 20.01.090 Rules of Language and Ordinance Construction A. Meanings and Intent The language of the zoning ordinance must be read literally. Regulations are no more or less strict than stated. Words and terms expressly defined in Chapter 20.100 or other sec- tions of this ordinance have the specific meanings assigned, unless the context expressly indicates another meaning. Words that are not expressly defined in this ordinance have the meaning given in the latest edition of Merriam-Webster’s Unabridged Dictionary. B. Computation of Time 1. References to “days” are to calendar days unless otherwise expressly stated. Refer- ence to “business days” are references to regular working days of the City of Mis- soula, excluding Saturdays, Sundays and holidays observed by the City of Missoula. 2. The time in which an act is to be completed is computed by excluding the first day and including the last day. If the last day is a Saturday, Sunday, or holiday observed by the city, that day is excluded. ---PAGE BREAK--- Chapter 20.01Chapter 20.05 Introductory ProvisionsResidential Districts 20.01.09020.05.030 Rules of Language and Ordinance ConstructionResidential Building Types M I S S O U L A Z O N I N G O R D I N A N C E Public Hearing Draft (05-29-2009) – Page 20.01-3 3. A day concludes at the close of business (5:00 and any materials received after that time will be considered to be have been received the following day. C. Tenses and Usage 1. Words used in the singular include the plural. The reverse is also true. 2. Words used in the present tense include the future tense. The reverse is also true. 3. The words “must,” “will,” “shall” and “may not” are mandatory. 4. The word “may” is permissive, and “should” is advisory, not mandatory or required. 5. When used with numbers, “up to “not more than x” and “a maximum of x” all include D. Conjunctions Unless the context otherwise clearly indicates, conjunctions have the following meanings: 1. “and” indicates that all connected items or provisions apply; and 2. “or” indicates that the connected items or provisions may apply singularly or in combination. E. Headings and Illustrations Headings and illustrations are provided for convenience and reference only and do not define or limit the scope of any provision of this zoning ordinance. In case of any differ- ence of meaning or implication between the text of this zoning ordinance and any head- ing, drawing, table, figure, or illustration, the text controls. F. Current Versions and Citations All references to other city, county, state, or federal regulations in the zoning ordinance refer to the most current version and citation for those regulations, unless expressly indi- cated otherwise. When the referenced regulations have been repealed and not replaced by other regulations, zoning ordinance requirements for compliance are no longer in effect. G. Lists and Examples Unless otherwise expressly indicated, lists of items or examples that use “including,” “such as,” or similar terms are intended to provide examples only. They are not to be con- strued as exhaustive lists of all possibilities. H. Delegation of Authority Whenever a provision appears requiring the head of a department or another officer or employee of the city to perform an act or duty, that provision will be construed as author- izing the department head or officer to delegate that responsibility to others over whom they have authority. Delegation of authority is not allowed when the provisions of this zoning ordinance expressly prohibit such a delegation. I. Public Officials and Agencies All employees, public officials, bodies and agencies to which references are made are those of the City of Missoula unless otherwise expressly stated. J. Commentaries Commentaries are sometimes included in this zoning ordinance as a means of clarifying certain provisions or providing supplemental information thought to be useful for ordi- ---PAGE BREAK--- Chapter 20.01Chapter 20.05 Introductory ProvisionsResidential Districts 20.01.10020.05.030 Zoning MapResidential Building Types M I S S O U L A Z O N I N G O R D I N A N C E Public Hearing Draft (05-29-2009) – Page 20.01-4 nance users. Text marked as “commentary” has no regulatory effect. It is intended solely as a guide for administrative officials and the public. Commentary: When commentaries are provided, they will appear in this manner. 20.01.100 Zoning Map A. Establishment The location and boundaries of the zoning districts established by this zoning ordinance are shown on a geographic coverage layer entitled “Zoning” that is maintained as part of the city’s geographic information system (GIS) under the direction of the director of the office of planning and grants. This “Zoning” geographic coverage layer constitutes the City of Missoula’s official zoning map. The official zoning map—together with all nota- tions, references, data and other information shown on the map— is adopted and incor- porated into this zoning ordinance. It is as much a part of this zoning ordinance as if ac- tually depicted within its pages. B. Maintenance and Updates The director of the office of planning and grants is responsible for directing revisions to the official zoning map to reflect its amendment as soon as possible after the effective date of zoning map amendments (rezonings). No unauthorized person may alter or modify the official zoning map. The director of the office of planning and grants may authorize printed copies of the official zoning map to be produced and maintain digital or printed copies of superseded versions of the official zoning map for historical reference. C. District Boundaries When the zoning map shows a zoning district boundary as following a particular feature, or reflects a clear intent that the boundary follows the feature, the boundary will be con- strued as following that feature as it actually exists. D. Interpretations of District Boundaries Where any uncertainty exists about a zoning boundary, the actual location of the bound- ary will be determined by the director of the office of planning and grants using the fol- lowing rules of interpretation: 1. A boundary shown on the zoning map as approximately following a river, stream, lake or other watercourse will be construed as following the actual centerline of the watercourse. If, subsequent to the establishment of the boundary, the centerline of the watercourse should move as a result of natural processes (flooding, erosion, sedimentation, etc.), the boundary will be construed as moving with the centerline of the watercourse. 2. A boundary shown on the zoning map as approximately following a ridge line or to- pographic contour line will be construed as following the actual ridge line or con- tour line. If, subsequent to the establishment of the boundary, the ridge line or con- tour line should move as a result of natural processes (erosion, slippage, subsidence, etc.), the boundary will be construed as moving with the ridge line or contour line. 3. A boundary shown on the zoning map as approximately following a lot line or par- cel boundary will be construed as following the lot line or parcel boundary as it ac- tually existed at the time the zoning boundary was established. 4. A boundary shown on the zoning map as approximately following a street or rail- road line will be construed as following the centerline of the street or railroad right- of-way. ---PAGE BREAK--- Chapter 20.01Chapter 20.05 Introductory ProvisionsResidential Districts 20.01.11020.05.030 Transitional ProvisionsResidential Building Types M I S S O U L A Z O N I N G O R D I N A N C E Public Hearing Draft (05-29-2009) – Page 20.01-5 5. A boundary shown on the zoning map as approximately following the boundary of an adjacent municipality will be construed as following that boundary. 6. A boundary shown on the zoning map as approximately parallel to, or as an appar- ent extension of, a feature described above will be construed as being actually paral- lel to, or an extension of, the feature. 7. Zoning boundaries that do not coincide with a lot property line, parcel boundary, landmark or particular feature will be determined with a scale. E. Split-Zoned LotsParcels 1. The zoning map may not be amended to classify a single lotparcel into 2 or more base zoning districts. This provision does not apply to overlay zoning districts. 2. The split zoning of any newly created lot or parcel (into more than one base zoning district classifications) is prohibited. This provision does not apply to overlay zoning districts. 3. The following regulations apply to existing lotparcels that are classified in 2 or more base zoning classifications: a. For existing and proposed uses and structures, the more restrictive provisions of the applicable zoning districts apply to the entire lotparcel except when one base zoning district applies to at least 75% of the total lotparcel area and the remainder of the lotparcel is less than 5,000 square feet in area., Tthe regula- tions of the zoning district that applies to the larger portion of the lotparcel applies to the entire lotparcel. b. Building setbacks do not apply along base zoning district boundary lines that split a lotparcel under single ownership. c. If any use, building or structure rendered nonconforming by the split-zoned lotparcel provisions of this section is accidentally damaged or destroyed it may be reestablished, as long as the reestablishment does not increase the extent of nonconformity. 20.01.110 Transitional Provisions The provisions of this section address the transition from the previous zoning ordinance (the one in effect before the effective date specified in 20.01.020) and this zoning ordinance. A. Applications Submitted Before [insert effective date] Development applications that were submitted in complete form and are pending ap- proval on the effective date specified in 20.01.020 must be reviewed wholly under the terms of the zoning ordinance in effect immediately before the effective date specified in 20.01.020. B. Site-Specific Development Plans Approved Before [insert eff. date] 1. Permits may be issued for previously approved, unexpired site-specific development plans in accordance with the approved plan. Site-specific development plans ap- proved before [insert effective date] will remain valid until [insert effective date + 2 years] unless a phasing plan or different lapse of approval date was approved at the time the site-specific development plan received final approval. 2. The zoning officer is authorized to grant up to one time extension for no more than one additional year if the zoning officer determines that the extension is necessary to address delays beyond the reasonable control of the applicant. After the lapse of ap- ---PAGE BREAK--- Chapter 20.01Chapter 20.05 Introductory ProvisionsResidential Districts 20.01.11020.05.030 Transitional ProvisionsResidential Building Types M I S S O U L A Z O N I N G O R D I N A N C E Public Hearing Draft (05-29-2009) – Page 20.01-6 proval date, no permits or other approvals may be issued except in accordance with the standards and procedures of this zoning ordinance. 3. For purposes of this section, “site-specific development plans” are plans or plats submitted by landowner or a landowner's authorized representative describing with reasonable certainty the type and intensity of development to be carried out on a specific parcel and that have been approved by the planning board, board of adjust- ment, or city council. Such plans may be in the form of preliminary subdivision plats or plans, final subdivision plats, planned unit developments, or other similar development plans, as determined by the zoning officer. C. Permits Issued Before [insert effective date] Any building, development or structure for which a permit number was accepted for processing before [insert effective date] may be completed in conformance with the issued building permit and other applicable permits and conditions, even if such building, de- velopment or structure does not fully comply with provisions of this zoning ordinance. If building is not commenced and completed within the time allowed under the original permit or any extension granted, then the building, development or structure may be constructed, completed and occupied only if it complies with the standards of this zoning ordinance. D. Violations Continue 1. Any violation of the previous zoning ordinance will continue to be a violation under this zoning ordinance and be subject to penalties and enforcement under Chapter 20.95. 2. If the use, development, construction or other activity that was a violation under the previous ordinance complies with the express terms of this zoning ordinance, en- forcement action will cease, except to the extent of collecting penalties for violations that occurred before the effective date specified in 20.01.020. 3. The adoption of this zoning ordinance does not affect nor prevent any pending or future prosecution of, or action to abate, violations of the previous ordinance that occurred before the effective date specified in 20.01.020. E. Nonconformities 1. Any nonconformity under the previous zoning ordinance will also be a noncon- formity under this zoning ordinance, as long as the situation that resulted in the nonconforming status under the previous regulation continues to exist. 2. If, however, a nonconforming situation under previous zoning regulations becomes conforming because of the adoption of this zoning ordinance, or any subsequent amendment to it, then the situation will no longer be considered a nonconformity. 3. A situation that did not constitute a (lawful) nonconforming situation under the previously adopted zoning ordinance does not achieve (lawful) nonconforming status under this zoning ordinance merely by repeal of the previous zoning ordi- nance. F. Existing Uses 1. When a use classified as a conditional use under this zoning ordinance exists as a conditional use or permitted use on the effective dates specified in 20.01.020, such use will be considered a lawfully established conditional use. ---PAGE BREAK--- Chapter 20.01Chapter 20.05 Introductory ProvisionsResidential Districts 20.01.11020.05.030 Transitional ProvisionsResidential Building Types M I S S O U L A Z O N I N G O R D I N A N C E Public Hearing Draft (05-29-2009) – Page 20.01-7 2. When any amendment to this zoning ordinance changes the classification of a per- mitted use to a conditional use, any use lawfully established before such amendment will be considered a lawfully established conditional use after the effective date of such amendment. Commentary: Paragraphs E.1 and E.2. are intended to clarify that lawful, existing uses are not rendered nonconforming (or ille- gal) merely because they were not approved through the conditional use process. 3. A lawfully established existing use that is not allowed as a conditional use or permit- ted use in the district in which the use is now located will be considered a noncon- forming use and will be subject to all applicable regulations of Chapter 20.95. G. Zoning District Name Conversions The zoning district names and map symbols in effect before [insert effective date] will be converted as follows: Previous Name Title 19 New Name Title 20 RESIDENTIAL SRR R215 LSR R80 RLD-1 R40 RLD-2 R20 RLD-4 RT10 RR-I R8 A R5.4 R-I R5.4 R-VIII RT5.4 No existing equivalent R3 R-II RT2.7 R-XII RM2.7 MU RM2.7 No existing equivalent RM1 R-III RM1.5-35 R-IV RM1.5-35 B RM1.5-45 RH RM0.5 R-VI RMH COMMERCIAL BN B1-1 R-V B2-1 BC B2-2 C-I C1-4 C C1-4 C-II C2-4 CBD CBD-4 SC C1-1 INDUSTRIAL D M1R-2 I-I M1-2 I-II M2-4 OPEN SPACE/PUBLIC P-I OP1 ---PAGE BREAK--- Chapter 20.01Chapter 20.05 Introductory ProvisionsResidential Districts 20.01.12020.05.030 Special DistrictsResidential Building Types M I S S O U L A Z O N I N G O R D I N A N C E Public Hearing Draft (05-29-2009) – Page 20.01-8 Previous Name Title 19 New Name Title 20 OR OP2 P-II OP3 20.01.120 Special Districts Special zoning districts approved before the [insert effective date] will continue to be governed by the adopted special zoning district regulations unless and until such time as the subject property is rezoned to another zoning classification in accordance with the zoning map amendment procedures of 20.85.050. 20.01.130 Severability If any portion of this zoning ordinance is held to be invalid or unconstitutional by a court of competent jurisdiction, that portion is to be deemed severed from the zoning ordinance and in no way affects the validity of the remainder of the zoning ordinance. ---PAGE BREAK--- M I S S O U L A Z O N I N G O R D I N A N C E Public Hearing Draft (05-29-2009) – Page 20.05-1 Chapter 20.05 Residential Districts 20.05.010 General 20.05-1 20.05.020 Allowed 20.05-2 20.05.030 Residential Building Types 20.05-3 20.05.040 Development Options 20.05-6 20.05.050 Parcel and Building 20.05-8 20.05.060 Other Regulations 20.05-10 20.05.010 General A. Districts 1. List The city’s residential zoning districts are listed below. When this zoning ordinance refers to “residential” zoning districts or districts, it is referring to these districts. Map Symbol District Name R215 Residential 215 R80 Residential 80 R40 Residential 40 R20 Residential 20 RT10 Residential 10 (two-unit/townhouse) R8 Residential 8 R5.4 Residential 5.4 RT5.4 Residential 5.4 (two-unit/townhouse) R3 Residential 3 RT2.7 Residential 2.7 (two-unit/townhouse) RM2.7 Residential 2.7 (multi-dwelling) RM1.5 Residential 1.5 (multi-dwelling) RM1 Residential 1 (multi-dwelling) RM0.5 Residential 0.5 (multi-dwelling) RMH Residential Manufactured Housing Park [1]There are two versions of the RM1.5 district: RM1.5-35 and RM1.5-45. Whenever reference is made to the “RM1.5” district, the reference is referring to both the RM1.5-35 and RM1.5-45 districts. 2. Deciphering the District Names and Map Symbols The R district names and map symbols are intended to provide a general indication of what is allowed in the district. The first letter, denotes the residential orienta- tion of the district. When a second letter following the is present, that is an indi- cation of a residential district that allows building types in addition to detached houses. “RT” districts allow two-unit and townhouse buildings, while “RM” districts allow multi-dwelling buildings in addition to other building types. The numeral fol- lowing the “RT,” or “RM” is a short-hand reference to the allowed density, ex- pressed in terms of the required minimum land area per dwelling unit (in thousands of square feet). The R5.4 district, for example, refers to a residential (detached house) zoning district that generally allows one dwelling unit per 5,400 square feet of lotparcel area. ---PAGE BREAK--- Chapter 20.05Chapter 20.05 Residential DistrictsResidential Districts 20.05.02020.05.030 Allowed UsesResidential Building Types M I S S O U L A Z O N I N G O R D I N A N C E Public Hearing Draft (05-29-2009) – Page 20.05-2 B. Purposes Missoula’s residential zoning districts are primarily intended to create, maintain and promote a variety of housing opportunities for individual households and to maintain and promote the desired physical character of existing and developing neighborhoods. While the districts primarily accommodate residential use types, some nonresidential uses are also allowed. The R district standards provide development flexibility, while at the same time helping to ensure that new development is compatible with the city’s many neighborhoods. In addition, the regulations offer certainty for property owners, develop- ers and neighbors about the limits of what is allowed. 20.05.020 Allowed Uses A. Use Table Principal uses are allowed in R zoning districts in accordance with Table 20.05-1, below. See Chapter 20.45 for regulations governing accessory uses, such as home occupations. B. Use Classification System For the purpose of this zoning ordinance, uses are classified into “use groups,” “use cate- gories,” and “specific use types.” These are described and defined in Chapter 20.105. Uses are identified in the first column of Table 20.05-1. C. Permitted Uses Uses identified with a in Table 20.05-1 are permitted as-of-right in the subject zoning district, subject to compliance with any use standards identified in the final column of the table and all other applicable standards of this zoning ordinance. D. Conditional Uses Uses identified with a in Table 20.05-1 may be allowed if reviewed and approved in accordance with the conditional use procedures of 20.85.070. Conditional uses are subject to compliance with any use standards identified in the final column of the table and all other applicable standards of this zoning ordinance. E. Prohibited Uses Uses identified with a are expressly prohibited. F. Use Standards The “use standards” column of Table 20.05-1 identifies use-specific standards that apply to some uses. Unless otherwise expressly stated, compliance with such standards is re- quired regardless of whether the use is permitted as-of-right or requires conditional use approval. Table 20.05-1 Uses Allowed in Residential Districts Use Category Ŋspecific use type R215 R80 R40 R20 RT10 R8 R5.4 RT5.4 R3 RT2.7 RM2.7 RM1.5 RM1 RM0.5 RMH Standards R E S I D E N T I A L Household Living (except as noted below) P P P P P P P P P P P P P P P 20.05.030 ŊManufactured Housing Park – – – – – – – – – – – – – – P Title 16 Group Living (except as noted below) C C C C C C C C C C C C C C C 20.40.070 ŊCommunity Residential Facility (8 or fewer) P P P P P P P P P P P P P P P ŊCommunity Residential Facility C C C C C C C C C C C C C C C 20.40.070 ---PAGE BREAK--- Chapter 20.05Chapter 20.05 Residential DistrictsResidential Districts 20.05.03020.05.030 Residential Building TypesResidential Building Types M I S S O U L A Z O N I N G O R D I N A N C E Public Hearing Draft (05-29-2009) – Page 20.05-3 Use Category Ŋspecific use type R215 R80 R40 R20 RT10 R8 R5.4 RT5.4 R3 RT2.7 RM2.7 RM1.5 RM1 RM0.5 RMH Standards ŊDomestic Violence Residence P P P P P P P P P P P P P P 20.40.070 ŊFraternity/Sorority – – – – – – – – – – C P P P – 20.40.070 P U B L I C / C I V I C College/University – – – – – – – – – PC – C PC PC PC Day Care ŊResidential Day Care (1–12) P P P P P P P P P P P P P P P ŊDay Care Center (13+) C– C– C– C– C– C– C– C– C– C– C C C C C Library/Cultural Exhibit – – – – – – – – – – C P P P P Park/Recreation P P P P P P P P P P P P P P P Religious Assembly C C C C C C C C C C C C C C C Safety Services C C C C C C C C C C C C C C C School C C C C C C C C C C C C C C C Utilities and Services ŊMinor P P P P P P P P P P P P P P P ŊMajor C C C C C C C C C C C C C C C C O M M E R C I A L Lodging ŊBed and Breakfast C C C C C C C C C C C C C CP – 20.40.030 Office – – – – – – – – – – – C C – – Parking, Non-accessory – – – – – – – – – – – C C – – Personal Improvement Service – – – – – – – – – – – C C – – Residential Support Services – – – – – – – – – – – C C P – 20.40.110 I N D U S T R I A L Residential Storage Warehouse – – – – – – – C C C C C C C C 20.40.100 O T H E R Agriculture, Animal P P P – – – – – – – – – – – – Agriculture, Crop P P P P P P P P P P P P P P P Community Garden P P P P P P P P P P P P P P P Water Testing Laboratory – – – – – – – – – – – C C – – Wireless Communication Facility ŊFreestanding C C C C C C C C C C C C C C C 20.40.150 ŊCo-located antenna P P P P P P P P P P P P P P P 20.40.150 Allowed (as conditional use) in RM1.5-35 district only. 20.05.030 Residential Building Types A. Allowed Residential uses allowed in R districts must be located in residential buildings. The follow- ing residential building types are allowed in R districts. All residential buildings are sub- ject to the lotparcel and building standards of 20.05.050 (Table 20.05-3) except as modi- fied or supplemented by the building type-specific standards referenced in the final col- umn of Table 20.05-2. Table 20.05-2 Building Types Allowed in Residential Districts ---PAGE BREAK--- Chapter 20.05Chapter 20.05 Residential DistrictsResidential Districts 20.05.03020.05.030 Residential Building TypesResidential Building Types M I S S O U L A Z O N I N G O R D I N A N C E Public Hearing Draft (05-29-2009) – Page 20.05-4 Building Type R215 R80 R40 R20 RT10 R8 R5.4 RT5.4 R3 RT2.7 RM2.7 RM1.5 RM1 RM0.5 RMH Additional Standards Detached house P P P P P P P P P P P P P P P Lot line house P P P P P P P P P P P P P P 20.110.010 Townhouse Ŋ2-unit townhouse P/C P/C P/C P/C P – – P – P P P P P P 20.40.130 Ŋ3+-unit townhouse P/C P/C P/C P/C P/C – – – – – P P P P P 20.40.130 Two-unit house – – – – P – – P – P P P P P P Multi-dwelling house – – – – – – – – – – P P P P P 20.40.090 Multi-dwelling building – – – – – – – – – – P P P P P 20.40.080 P = permitted; P/C = permitted in cluster/conservation development (see 20.05.040B); – = prohibited B. Described Descriptions of the residential building types and references to applicable regulations fol- low: 1. Detached House A detached house is a principal residential building containing one dwelling unit lo- cated on a single lotparcel with private yards on all sides. Detached houses are sub- ject to the lotparcel and building standards of 20.05.050 (Table 20.05-3). More than one detached house may be located on a single lotparcel, subject to compliance with all lotparcel and building standards, including minimum-lotparcel-area-per- dwelling-unit and building setback/separation standards. 2.Lot Line (Detached) House A lot line house is a principal residential building containing one dwelling unit lo- cated on a single lot that is not attached to any other dwelling units. The building is shifted to one side of the lot so that there is a more usable side yard on one side of the house and very little or no private yard on the other side. Lot line houses are subject to the lot and building standards of 20.05.050 (Table 20.05-3) except as modified or supplemented by the lot line house standards of 20.40.080. No more than one lot line house may be located on a single lot. 2. Townhouse A residential building containing multiple dwelling units, each located on its own lotparcel with a common or abutting wall along shared lotparcel lines. Each dwelling ---PAGE BREAK--- Chapter 20.05Chapter 20.05 Residential DistrictsResidential Districts 20.05.03020.05.030 Residential Building TypesResidential Building Types M I S S O U L A Z O N I N G O R D I N A N C E Public Hearing Draft (05-29-2009) – Page 20.05-5 unit has its own external entrance. Townhouses are subject to the lotparcel and building standards of 20.05.050 (Table 20.05-3) except as modified or supplemented by the townhouse standards of 20.40.130. No more than one dwelling unit may be located on a single lotparcel. There are two types of townhouses: 2-unit townhouses and 3+-unit townhouses. a. A two-unit townhouse is a townhouse building containing no more than 2 dwelling units. b. A 3+-unit townhouse is a townhouse building containing 3 or more dwelling units. 3. Two-unit House A two-unit house is a residential building containing 2 dwelling units, both of which are located on a single lot or parcel (also referred to as a “duplex” or “two-flat”). The dwelling units are attached and may be located on separate floors or side-by-side. Two-unit houses are subject to the lotparcel and building standards of 20.05.050 (Table 20.05-3). More than one two-unit house may be located on a single lotparcel, subject to compliance with all lotparcel and building standards, including mini- mum-lotparcel-area-per-dwelling-unit and building setback/separation standards. 4. Multi-dwelling House A multi-dwelling house is a residential building containing 3 to 6 dwelling units lo- cated on a single lotparcel. Multi-dwelling houses appear as large detached houses and have only one entrance visible from the street. Multi-dwelling houses are subject to the lotparcel and building standards of 20.05.050 (Table 20.05-3) except as modi- ---PAGE BREAK--- Chapter 20.05Chapter 20.05 Residential DistrictsResidential Districts 20.05.04020.05.030 Development OptionsResidential Building Types M I S S O U L A Z O N I N G O R D I N A N C E Public Hearing Draft (05-29-2009) – Page 20.05-6 fied or supplemented by the multi-dwelling house standards of 20.40.090. More than one multi-dwelling house may be located on a single lotparcel, subject to com- pliance with all applicable lotparcel and building standards. 5. Multi-dwelling Building A multi-dwelling building is a residential building containing 3 or more dwelling units (other than a multi-dwelling house) that share common walls and/or common floors/ceilings. Multi-dwelling buildings are typically served by one or more than one common building entrances. Multi-dwelling buildings are subject to the lotpar- cel and building standards of 20.05.050 (Table 20.05-3) except as modified or sup- plemented by the mMulti-dwelling building standards of 20.40.080. More than one multi-dwelling building may be located on a single lotparcel, subject to compliance with all applicable lotparcel and building standards. 20.05.040 Development Options Different development options are offered in many of the R districts as a way of promoting a wide variety of community and lifestyle choices and to promote conservation of natural resources, including prime agricultural lands. Not all development options are allowed in all districts (see Table 20.05-3 to determine which options are allowed in each district). Where allowed, the development options described in this sec- tion may be used at the property owner’s election. A. Conventional Development “Conventional development” is any development that is not part of an approved cluster development or conservation development. LotParcel and building standards for conven- tional development can be found in 20.05.050 (Table 20.05-3). ---PAGE BREAK--- Chapter 20.05Chapter 20.05 Residential DistrictsResidential Districts 20.05.04020.05.030 Development OptionsResidential Building Types M I S S O U L A Z O N I N G O R D I N A N C E Public Hearing Draft (05-29-2009) – Page 20.05-7 B. Cluster and Conservation Development 1. Intent The cluster and conservation development options are intended to encourage subdi- visiondevelopment designs—whether approved through the subdivision plat, con- dominium plat or planned unit development review process—that are more effi- cient and provide more open space and greater natural resource protection than conventional development designs. Cluster development and conservation devel- opment designs allow more compact and less costly networks of roads and utilities. They can also help reduce stormwater runoff and non-point source pollutant load- ing rates and can be used to preserve an area’s semi-rural character. Cluster devel- opments and conservation developments are intended to reduce stormwater runoff and flooding, preserve natural resources, protect water quality and encourage the provision of needed open space and recreational amenities for residents. 2. General Description a. The cluster development and conservation development standards of this chapter require that a specified portion of each development be set aside and permanently preserved as open space. b. The primary difference between “cluster” developments and “conservation” developments is the amount of open space that must be preserved. c. Cluster and conservation developments must be reviewed in accordance with the city’s subdivision plat, condominium plat or planned unit development re- view process review process (see ? of subdivision regulations). d. Additional information on cluster and conservation development can be found in Chapter 20.55. Editor’s Note: The provisions in Chapter 20.55 will eventually be moved to the city’s subdivision regulations. 3. Cluster Development The cluster development option is available in the R215, R80, R40, R20 and RT10 districts. It allows smaller lotparcels and other flexible lotparcel and building stan- dards in exchange for the provision of common open space that is not typically pro- vided in a conventional development. LotParcel and building standards for cluster development can be found in 20.05.050 (Table 20.05-3). Additional cluster devel- opment standards are included in Chapter 20.55. 4. Conservation Development The conservation development option is available in the R215, R80, R40, and R20 districts. It requires more common open space than the cluster development option. In return, the conservation development option allows the flexibility offered by the cluster development option and a moderate density bonus (approximately 20%). LotParcel and building standards for conservation development can be found in 20.05.050 (Table 20.05-3). Additional conservation development standards are in- cluded in Chapter 20.55. ---PAGE BREAK--- Chapter 20.05Chapter 20.05 Residential DistrictsResidential Districts 20.05.05020.05.030 LotParcel and Building StandardsResidential Building Types M I S S O U L A Z O N I N G O R D I N A N C E Public Hearing Draft (05-29-2009) – Page 20.05-8 Editor’s Note: The provisions in Chapter 20.55 will eventually be moved to the city’s subdivision regulations. 20.05.050 LotParcel and Building Standards A. General This section establishes basic lotparcel and building standards for all development in R districts. The standards that apply may vary based on the zoning classification, building type and development type. These standards are not to be interpreted as a guarantee that allowed densities and development yields can be achieved on every lotparcel. Other fac- tors, such as off-street parking requirements, central water and wastewater service avail- ability, and other factors may work to further limit development potential on some sites. B. Basic Standards All residential and nonresidential development in R districts must comply with the lot- parcel and building standards of Table 20.05-3, except as otherwise expressly provided. Nonresidential development in R districts must comply with the “conventional” devel- opment standards of Table 20.05-3. General exceptions to lotparcel and building stan- dards and rules for measuring compliance can be found in Chapter 20.110. Commentary: Existing lotparcels and buildings are subject to the conventional development standards, below. Only new devel- opments that comply with the cluster/conservation development standards listed below and in Chapter 20.55 are eligible to use the following cluster or conservation standards. ---PAGE BREAK--- Table 20.05-3: Residential District LotParcel and Building Standards LotParcel and Building Standards R215 R80 R40 R20 RT10 R8 R5.4 RT5.4 R3 RT2.7 RM2.7 RM1.5-35 RM1.5-45 RMH RM1 RM0.5 CONVENTIONAL DEV’T Min. District Area (sq. ft.) None None None None None None None None 15,000 None None None None None None Minimum LotParcel Size ŊArea (square feet) 215,000 80,000 40,000 20,000 10,000 8,000 5,400 5,400 3,000 3,000 3,000 3,000 3,000 3,000 3,000 ŊArea per unit (sq. ft.) 215,000 80,000 40,000 20,000 10,000 8,000 5,400 5,400 3,000 2,700 2,700 1,500 1,500 1,000 500 Minimum Setbacks (feet) ŊFront 25 25 25 25 20 20 20 20 20 20 20 20 20 20 20 ŊSide (interior) 25 25 15 15 7.5 7.5 7.5 7.5 3 5 5 5 5 5 7.5 ŊSide (street) 12.5 12.5 12.5 12.5 10 10 10 10 10 10 10 10 10 10 10 ŊRear 25 25 25 25 20 20 20 20 20 20 20 20 20 20 20 Max. Building Height (feet) 30/35 30/35 30/35 30/35 30/35 30/35 30/35 30/35 30/35 30/35 30/35 30/35 45 45 125 CLUSTER DEV’T Overall Site ŊMin. open space site) 30 30 30 30 30 NA NA NA NA NA NA NA NA NA NA ŊMin. area per unit (sq. ft.) 215,000 80,000 40,000 20,000 10,000 NA NA NA NA NA NA NA NA NA NA Minimum LotParcel Area (sq. ft.) None None None None None NA NA NA NA NA NA NA NA NA NA Minimum Setbacks (feet) ŊFront 25 25 25 25 20 NA NA NA NA NA NA NA NA NA NA ŊSide (interior) 20 15 10 10 7.5 NA NA NA NA NA NA NA NA NA NA ŊSide (street) 12.5 12.5 12.5 12.5 10 NA NA NA NA NA NA NA NA NA NA ŊRear 25 25 25 25 20 NA NA NA NA NA NA NA NA NA NA Max. Building Height (feet) 30/35 30/35 30/35 30/35 30/35 NA NA NA NA NA NA NA NA NA NA CONSERVATION DEV’T Overall Site ŊMin. area (acres, gross) 100 40 20 10 NA NA NA NA NA NA NA NA NA NA NA ŊMin. open space site) 60 60 60 60 NA NA NA NA NA NA NA NA NA NA NA ŊMin. area per unit (sq. ft.) 177,000 66,000 33,000 16,500 NA NA NA NA NA NA NA NA NA NA NA Minimum LotParcel Area (sq. ft.) None None None None NA NA NA NA NA NA NA NA NA NA NA Minimum Setbacks (feet) ŊFront 25 25 25 25 NA NA NA NA NA NA NA NA NA NA NA ŊSide (interior) 20 15 10 10 NA NA NA NA NA NA NA NA NA NA NA ŊSide (street) 12.5 12.5 12.5 12.5 NA NA NA NA NA NA NA NA NA NA NA ŊRear 25 25 25 25 NA NA NA NA NA NA NA NA NA NA NA Max. Building Height (feet) 30/35 30/35 30/35 30/35 NA NA NA NA NA NA NA NA NA NA NA RMH standards do not apply to manufactured housing parks. Manufactured housing parks are subject to Title 16. In a cluster or conservation development, when a contiguous set of parcels is served by a rear alley and no building line has been established by existing buildings on the subject black face, the minimum front setback requirement is 10 feet. Minimum interior side setbacks for principal buildings must equal at least 33% of the height of the subject building. Maximum height limit is 30 feet for buildings with primary roof pitch of less than 8 in 12 and 35 feet for buildings with primary roof pitch of 8 in 12 or greater. ---PAGE BREAK--- Chapter 20.05 Residential Districts 20.05.06020.05.060 Other Regulations M I S S O U L A Z O N I N G O R D I N A N C E Public Hearing Draft (05-29-2009) – Page 20.05-10 20.05.060 Other Regulations Uses and development in R districts may be subject to other provisions of this zoning ordinance, includ- ing the following: A. Accessory Uses and Structures home occupations, detached garages, gazebos, and sheds) See Chapter 20.45. B. Hillside Development Protection Standards See 20.50.010. C. Parking and Access See Chapter 20.60. D. Landscaping See Chapter 20.65. E. Miscellaneous See Chapter 20.70. F. Signs See Chapter 20.75. G. Nonconformities See Chapter 20.80. 1. RM2.7 District a. Expansion of Existing Commercial and Industrial Uses Any commercial or industrial use that was lawfully established in the RM2.7 district before [insert effective date] may be expanded if the following stan- dards are met: the (conventional development) lotparcel and building stan- dards of 20.05.050, the parking and access standards of Chapter 20.60, and the landscaping standards of Chapter 20.65. b. Substitution of Commercial and Industrial Uses Any lawfully established commercial or industrial use in the RM2.7 may be re- placed by a use of similar or less intensity. If a less intensive use is established, the use may not later revert back to the previous intensity. c. Replacement of Buildings Any existing building that was in lawful existence before [insert effective date] may be replaced or expanded (same size or expanded version) if the following standards are met: the (conventional development) lotparcel and building standards of 20.05.050, the parking and access standards of Chapter 20.60, and the landscaping standards of Chapter 20.65. d. New Commercial and Industrial Uses Except as expressly allowed by this zoning ordinance, no additional lotparcels may be committed to commercial or industrial use in the RM2.7 district and no more intensive commercial or industrial use may be established after [insert effective date]. ---PAGE BREAK--- M I S S O U L A Z O N I N G O R D I N A N C E Public Hearing Draft (05-29-2009) – Page 20.10-11 Chapter 20.10 Business and Commercial Districts 20.10.010 General 20.10-11 20.10.020 Allowed 20.10-11 20.10.030 Parcel and Building 20.10-15 20.10.040 Site, Design and Operational 20.10-16 20.10.050 Other Regulations 20.10-16 20.10.010 General A. Districts 1. List The city’s business and commercial zoning districts are listed below. When this zon- ing ordinance refers to “business,” “commercial” or zoning districts, it is referring to these districts. Map Symbol District Name B1 Neighborhood Business B2 Community Business C1 Neighborhood Commercial C2 Community Commercial CBD Central Business District 2. Deciphering the District Names and Map Symbols The B and C district names and map symbols shown above provide only a general, relative indication of the types and scale of uses allowed within respective B and C districts. When these districts are identified oOn the zoning map these districtsy will include at least one other essential information component: an intensity designator, which iswill be identified by a dash and a numeral following the initial letter- number combination, as in B2-2 (B2 dash The intensity designator establishes the allowable intensity of development and applicable lotparcel and building stan- dards. B. Purposes Missoula’s business and commercial zoning districts are primarily intended to accommo- date and promote neighborhood- and community-serving business and commercial retail, service, office) uses, as well as mixed-use development consisting of business uses and residential uses in the same building or on the same site. Encouraging true mixed-use development can help reduce vehicle travel demand and provide increased housing choice and transit-oriented densities. 20.10.020 Allowed Uses A. Use Table Uses are allowed in B and C zoning districts in accordance with Table 20.10-1, below. B. Use Classification System For the purpose of this zoning ordinance, uses are classified into “use groups,” “use cate- gories,” and “specific use types.” These are described and defined in Chapter 20.105. Uses are identified in the first column of Table 20.10-1. ---PAGE BREAK--- Chapter 20.10Chapter 20.25 Business and Commercial DistrictsOverlay Districts 20.10.02020.25.090 Allowed Uses/D, Downtown Overlay M I S S O U L A Z O N I N G O R D I N A N C E Public Hearing Draft (05-29-2009) – Page 20.10-12 C. Permitted Uses Uses identified with a in Table 20.10-1 are permitted as-of-right in the subject zoning district, subject to compliance with any use standards identified in the final column of the table and all other applicable standards of this zoning ordinance. D. Conditional Uses Uses identified with a in Table 20.10-1 may be allowed if reviewed and approved in accordance with the conditional use procedures of 20.85.070. Conditional uses are subject to compliance with any use standards identified in the final column of the table and all other applicable standards of this zoning ordinance. E. Prohibited Uses Uses identified with a are expressly prohibited. F. Use Standards The “use standards” column of Table 20.10-1 identifies use-specific standards that apply to some uses. Unless otherwise expressly stated, compliance with such standards is re- quired regardless of whether the use is permitted as-of-right or requires conditional use approval. Table 20.10-1 Uses Allowed in Business and Commercial Districts Use Category Ŋspecific use type B1 B2 C1 C2 CBD Standards R E S I D E N T I A L Household Living ŊIn Vertical Mixed-use Building P P P P P 20.110.010 ŊIn Single-purpose Residential Building CP CP CP CP P 20.110.010 Group Living (except as noted below) C C C C C 20.40.070 ŊCommunity Residential Facility (8 or fewer) P P P P P ŊCommunity Residential Facility P P P P P 20.40.070 ŊDomestic Violence Residence P P P P P ŊPersonal CareHealth Care Facility P P P P P P U B L I C / C I V I C Fraternal Organization – C C P P College/University P P P P P Day Care (except as noted below) P P P P P ŊDay Care Center (13+) C P P P P Hospital – C P P P Library/Cultural Exhibit P P P P P Park/Recreation P P P P P Religious Assembly P P P P P Safety Services P P P P P School P P P P P Utilities and Services ŊMinor P P P P P ŊMajor C C C C C C O M M E R C I A L Animal Services ŊSales and Grooming C C C C C 20.40.020 ---PAGE BREAK--- Chapter 20.10Chapter 20.25 Business and Commercial DistrictsOverlay Districts 20.10.02020.25.090 Allowed Uses/D, Downtown Overlay M I S S O U L A Z O N I N G O R D I N A N C E Public Hearing Draft (05-29-2009) – Page 20.10-13 Use Category Ŋspecific use type B1 B2 C1 C2 CBD Standards ŊShelter or Boarding Kennel C C C C C ŊVeterinary C C P P C Artist Work or Sales Space P P P P P Building Maintenance Service – C P P C Business Equipment Sales and Service P P P P P Business Support Service – P P P P Communication Service Establishments – P P P P Construction Sales and Service – – P P – Day Labor Employment Agency – – C C C Eating and Drinking Establishments ŊRestaurant P P P P P ŊTavern or – C PC PC PC 20.40.040 Enterprise Commercial Use – – C C C 20.40.050 Entertainment and Spectator Sports ŊSmall Venue – P P P P ŊMedium Venue – – P P P ŊLarge Venue – – P P P Financial Services (except as noted below) – P P P P ŊCheck cashing/loan service – – C C – ŊPawn Shop – – – P P Food and Beverage Retail Sales P P P P P Funeral and Interment Services ŊCemetery/Columbarium/Mausoleum – – – – – ŊCremating – – – – – ŊUndertaking – P P P – Gasoline and Fuel Sales (except as noted below) – – PC PC C 20.40.060 ŊTruck Stop/Travel Plaza – – C C – 20.40.140 Lodging ŊBed and Breakfast P P P P P ŊHostel – – P P P ŊHotel/Motel – – P P P ŊRecreational Vehicle Park – – – – – Office ŊAdministrative, Professional or General Office P P P P P ŊMedical Office P P P P P Parking, Non-Accessory – C P P P Personal Improvement Service P P P P P Repair or Laundry Service, Consumer P P P P P Retail Sales P P P P P Sports and Recreation, Participant (except as noted below) – – P P P ŊCasino – – C C C 20.40.040 Vehicle Sales and Service ŊCar Wash/Cleaning Service – – C P – ŊHeavy Equipment Sales/Rentals – – C C – ŊLight Equipment Sales/Rentals – – CP P –P ŊMotor Vehicle Repair, Limited – – CP P –P ---PAGE BREAK--- Chapter 20.10Chapter 20.25 Business and Commercial DistrictsOverlay Districts 20.110.01020.25.090 Residential Building Types/D, Downtown Overlay M I S S O U L A Z O N I N G O R D I N A N C E Public Hearing Draft (05-29-2009) – Page 20.10-14 Use Category Ŋspecific use type B1 B2 C1 C2 CBD Standards ŊMotor Vehicle Repair, General – – – P – ŊVehicle Storage and Towing – – – C – I N D U S T R I A L Manufacturing, Production and Industrial Service ŊArtisan C C P P P ŊLimited – – P P CP Microbrewery – C PC PC PC Recycling Service ŊLimited – – – P – ŊGeneral – – – – – Residential Storage Warehouse – – C C – 20.40.100 Warehousing, Wholesaling and Freight Movement ŊLimited – – P P P ŊGeneral – – P P – Winery – C PC PC PC O T H E R Agriculture, Crop P P P P P Community Garden P P P P P Transportation Terminals – – – – P Wireless Communication Facility ŊFreestanding C C C C C 20.40.150 ŊCo-located antenna P P P P P 20.40.150 20.10.030Residential Building Types A.Vertical Mixed-use Buildings 1.Vertical mixed-use buildings are buildings occupied by (or intended to be occupied by) allowed commercial or industrial uses on the ground floor, with residential dwelling units located only above the ground floor. 2.Vertical mixed-use buildings are allowed as of right in all B and C districts, subject to the lot and building standards of 20.10.040 (Table 20.10-2) and the following re- quirements: a.The minimum floor-to-ceiling height of all ground floor nonresidential space must be at least 13 feet. b.Required ground floor nonresidential space must occupy: (1)at least 800 square feet or 25% of the lot area (whichever is greater) on lots with lot frontage of less than 50 feet (as measured along the shorter lot frontage on lots containing multiple frontages); or (2)at least 20% of the lot area on lots with 50 feet of lot frontage or more (as measured along the shorter lot frontage on lots containing multiple frontages). ---PAGE BREAK--- Chapter 20.10Chapter 20.25 Business and Commercial DistrictsOverlay Districts 20.10.03020.25.090 LotParcel and Building Standards/D, Downtown Overlay M I S S O U L A Z O N I N G O R D I N A N C E Public Hearing Draft (05-29-2009) – Page 20.10-15 B.Single-purpose Residential Buildings Single-purpose residential buildings contain dwelling units on the ground floor (and any other building floors). They require conditional use approval in all B and C districts ex- cept the CBD, where they are allowed as of right. Single-purpose residential buildings are subject to the lot and building standards of 20.10.040 (Table 20.10-2). 20.10.030 LotParcel and Building Standards A. General This section establishes basic lotparcel and building standards for all development in B and C districts. The standards that apply vary according to the intensity designator that is attached to the zoning map symbol. These intensity designators are identified by the nu- meral following the dash in the district name, as in “B1-2” (B1 dash B. Basic Standards All residential and nonresidential development in B and C districts must comply with the lotparcel and building standards of Table 20.10-2, except as otherwise expressly provided. General exceptions to lotparcel and building standards and rules for measuring compli- ance can be found in Chapter 20.110. Table 20.10-2 LotParcel and Building Standards (B and C Districts) -1 -2 -3 -4 LotParcel Size ŊMinimum lotparcel area (square feet) None None None None ŊMinimum lotparcel area per unit (sq. ft.) ŊVertical Mixed-use Building None None None None ŊSingle-Purpose Residential Building Subject to min. lotparcel area and min. lotparcel area per unit stan- dards of RM1.5 district Minimum Front Setback ŊAbutting residential district ŊNot abutting R district None None None None Minimum Rear Setback ŊAbutting R district Ŋ% of lotparcel depth 25 25 25 25 ŊMaximum required (feet) 20 20 20 20 ŊNot abutting R district None None None None Minimum Interior Side Setback ŊAbutting residential district ŊNot abutting R district None None None None Minimum Street Side Setback ŊAbutting residential district ŊNot abutting R district None None None None Maximum Building Height (feet) 40 50 65 125 Notes to Table 20.10-2 Single-purpose residential buildings in the CBD district are not subject to minimum lotparcel area or minimum lotparcel area per unit standards. Front and street side setbacks are required only when a B- or C-zoned lotparcel abuts R-zoned lotparcel with frontage on the same street. In such cases, the B- or C-zoned lotparcel must match the actual front or street side setback of the building that exists on the abutting R-zoned lotparcel, or if no building exists on the abutting R-zoned lotparcel, the B- or C-zoned lotparcel must provide at least 50% of the front setback that applies to the abutting R-zoned lotparcel. ---PAGE BREAK--- Chapter 20.10Chapter 20.25 Business and Commercial DistrictsOverlay Districts 20.10.04020.25.090 Site, Design and Operational Standards/D, Downtown Overlay M I S S O U L A Z O N I N G O R D I N A N C E Public Hearing Draft (05-29-2009) – Page 20.10-16 Interior side setbacks are required only when a B- or C-zoned lotparcel abuts R-zoned lotparcel. In such cases, the B- or C-zoned lotparcel must provide the same interior side setback as required for the abutting R-zoned lotparcel. For lotparcels abutting R districts that have a maximum allowed building height of 35 feet or less, the maximum building height at the point of the required minimum setback line is 35 feet. Height may be increased above 35 feet by up to one foot (vertical) for each 6 inches of building setback or upper floor step-back. 20.10.040 Site, Design and Operational Standards A. Enterprise Commercial Uses Enterprise commercial uses are prohibited in B zoning districts. Enterprise commercial uses in C districts are subject to the standards of 20.40.050. B. Floodplain Setbacks for CBD District Within the CBD zoning district, no building may be located within 50 feet of the one-hundred-year floodplain. This minimum floodplain setback area may contain pedes- trian plazas, walkways, bikeways and other pedestrian-orientated facilities, but it may not be used for parking lots, driveways or other vehicular uses. C. Indoor/Outdoor Operations 1. B and CBD Districts All allowed office, business, service and commercial activities in B zoning districts and the CBD district must be conducted within completely enclosed buildings unless otherwise expressly stated. This requirement does not apply to off-street parking or loading areas, automated teller machines, outdoor dining areas or any drive-through facilities that may be allowed in such districts. It is also not intended to prohibit the outdoor display of plants, flowers, produce or similar goods intended for retail sale when such outdoor display areas do not exceed 800 square feet in area. 2. C Districts a. Outdoor storage and display is allowed in C districts, subject to the buffer and screening standards of Chapter 20.65. 20.10.050 Other Regulations Uses and development in B and C districts may be subject to other provisions of this zoning ordinance, including the following: ---PAGE BREAK--- Chapter 20.10Chapter 20.25 Business and Commercial DistrictsOverlay Districts 20.10.05020.25.090 Other Regulations/D, Downtown Overlay M I S S O U L A Z O N I N G O R D I N A N C E Public Hearing Draft (05-29-2009) – Page 20.10-17 A. Accessory Uses and Structures See Chapter 20.45. B. Hillside Protection Development Standards See 20.50.010. C. Parking and Access See Chapter 20.60. D. Landscaping See Chapter 20.65. E. Miscellaneous See Chapter 20.70. F. Signs See Chapter 20.75. G. Nonconformities See Chapter 20.80. ---PAGE BREAK--- ---PAGE BREAK--- M I S S O U L A Z O N I N G O R D I N A N C E Public Hearing Draft (05-29-2009) – Page 20.15-1 Chapter 20.15 Industrial and Manufacturing Districts 20.15.010 General 20.15-1 20.15.020 Allowed 20.15-1 20.15.030 Residential Building Types 20.15-4 20.15.040 Parcel and Building 20.15-4 20.15.050 Site, Design and Operational 20.15-5 20.15.060 Other Regulations 20.15-6 20.15.010 General A. Districts 1. List The city’s industrial and manufacturing zoning districts are listed below. Except as otherwise expressly stated, Wwhen this zoning ordinance refers to “industrial” or “manufacturing” zoning districts or districts, it is referring to these districts. Map Symbol District Name M1-R Limited Industrial-Residential M1 Limited Industrial M2 Heavy Industrial 2. Deciphering the District Names and Map Symbols The M district names and map symbols are intended to provide only a general, rela- tive indication of what is allowed in the district. When these districts are identified Oon the zoning map these districtsy will include at least one other essential informa- tion component: an intensity designator, which iswill be identified by a dash and a numeral following the initial letter-number combination, as in M1-2 (M1 dash The intensity designator establishes the allowable intensity of development and ap- plicable lotparcel and building standards. B. Purposes Missoula’s industrial zoning districts are primarily intended to accommodate manu- facturing, warehousing, wholesale and industrial uses. The regulations are intended to promote the economic viability of manufacturing and industrial uses; encourage em- ployment growth; and limit the encroachment of unplanned residential and other non- industrial development into industrial areas. 20.15.020 Allowed Uses A. Use Table Uses are allowed in M zoning districts in accordance with Table 20.15-1, below. B. Use Classification System For the purpose of this zoning ordinance, uses are classified into “use groups,” “use cate- gories,” and “specific use types.” These are described and defined in Chapter 20.105. Uses are identified in the first column of Table 20.15-1. C. Permitted Uses Uses identified with a in Table 20.15-1 are permitted as-of-right in the subject zoning district, subject to compliance with any use standards identified in the final column of the table and all other applicable standards of this zoning ordinance. ---PAGE BREAK--- Chapter 20.15Chapter 20.25 Industrial and Manufacturing DistrictsOverlay Districts 20.15.02020.25.090 Allowed Uses/D, Downtown Overlay M I S S O U L A Z O N I N G O R D I N A N C E Public Hearing Draft (05-29-2009) – Page 20.15-2 D. Conditional Uses Uses identified with a in Table 20.15-1 may be allowed if reviewed and approved in accordance with the conditional use procedures of 20.85.070. Conditional uses are subject to compliance with any use standards identified in the final column of the table and all other applicable standards of this zoning ordinance. E. Prohibited Uses Uses identified with a are expressly prohibited. F. Use Standards The “use standards” column of Table 20.15-1 identifies use-specific standards that apply to some uses. Unless otherwise expressly stated, compliance with such standards is re- quired regardless of whether the use is permitted as-of-right or requires conditional use approval. Table 20.15-1 Uses Allowed in Industrial Districts Use Category Ŋspecific use type M1R M1 M2 Standards R E S I D E N T I A L Household Living P – – 20.15.030 Group Living P – – 20.40.070 P U B L I C / C I V I C Fraternal Organization C – – College/University P – – Day Care P – – Detention and Correctional Facilities – C C Hospital P – – Library/Cultural Exhibit P – – Park/Recreation P – – Religious Assembly P – – Safety Services P P P School P – – Utilities and Services ŊMinor P P P ŊMajor C C P C O M M E R C I A L Animal Services ŊSales and Grooming P P P ŊShelter or Boarding Kennel C P P ŊVeterinary P P P ŊStable – – P Artist Work or Sales Space P P P Building Maintenance Service P P P Business Equipment Sales and Service P P P Business Support Service P P P Communication Service Establishments P P P Construction Sales and Service C P P Day Labor Employment Agency P P P ---PAGE BREAK--- Chapter 20.15Chapter 20.25 Industrial and Manufacturing DistrictsOverlay Districts 20.15.02020.25.090 Allowed Uses/D, Downtown Overlay M I S S O U L A Z O N I N G O R D I N A N C E Public Hearing Draft (05-29-2009) – Page 20.15-3 Use Category Ŋspecific use type M1R M1 M2 Standards Eating and Drinking Establishments ŊRestaurant P P P ŊTavern or C C C 20.40.040 Enterprise Commercial Use C C C 20.40.050 Entertainment and Spectator Sports P P P Financial Services (except as noted below) P P P ŊCheck Cashing/Loan Service C PC PC ŊPawn Shop P P P Food and Beverage Retail Sales P P P Funeral and Interment Services ŊCemetery/Columbarium/Mausoleum – – – ŊCremating P P P ŊUndertaking P P P Gasoline and Fuel Sales (except as noted below) P P P 20.40.060 ŊTruck Stop/Travel Plaza – P P 20.40.140 Lodging P P P Office P P P Parking, Non-Accessory P P P Personal Improvement Service P P P Repair or Laundry Service, Consumer P P P Research Service P P P Retail Sales P P P Sports and Recreation, Participant (except as noted below) P P P ŊCasino C C C 20.40.040 Vehicle Sales and Service ŊCar Wash/Cleaning Service C P P ŊHeavy Equipment Sales/Rentals C P P ŊLight Equipment Sales/Rentals P P P ŊMotor Vehicle Repair, Limited P P P ŊMotor Vehicle Repair, General P P P ŊVehicle Storage and Towing C P P I N D U S T R I A L Junk/Salvage Yard – C P Auto Wrecking – C P Manufacturing, Production and Industrial Service ŊArtisan P P P ŊLimited P P P ŊGeneral – P P ŊIntensive – – P Microbrewery P P P Mining/Quarrying – – P Recycling Service ŊLimited P P P ŊGeneral – C P Residential Storage Warehouse P P P Warehousing, Wholesaling and Freight Movement P P P ---PAGE BREAK--- Chapter 20.15Chapter 20.25 Industrial and Manufacturing DistrictsOverlay Districts 20.15.03020.25.090 Residential Building Types/D, Downtown Overlay M I S S O U L A Z O N I N G O R D I N A N C E Public Hearing Draft (05-29-2009) – Page 20.15-4 Use Category Ŋspecific use type M1R M1 M2 Standards Waste-Related Use (except as noted below) – C P ŊDemolition Debris Landfill – P P ŊSanitary Landfill – P P ŊSolid Waste Separation Facility – P P ŊTransfer Station – P P Winery P P P O T H E R Agriculture, Crop P P P Community Garden P P P Wireless Communication Facility ŊFreestanding C C C 20.40.150 ŊCo-located antenna P P P 20.40.150 20.15.030 Residential Building Types In the M1R district, the types of residential buildings permitted in the RM1.5 district (See 20.05.030) are permitted as of right, subject to compliance with the lotparcel and building standards and all applicable use- and building specific standards that apply in the RM1.5-45 district, in accordance with the conven- tional development standards of 20.05.050 (Table 20.05-3). 20.15.040 LotParcel and Building Standards A. General This section establishes basic lotparcel and building standards for all development in M districts. The standards that apply vary according to the intensity designator that is at- tached to the zoning map symbol. These intensity designators are identified by the nu- meral following the dash in the district name, as in “M1-2” (M1 dash Editor’s Note: See 20.01.110G for an explanation of how existing zoning districts are converted under this system. B. Basic Standards All development in M districts must comply with the lotparcel and building standards of Table 20.15-2, except as otherwise expressly provided. General exceptions to lotparcel and building standards and rules for measuring compliance can be found in Chapter 20.110. Table 20.15-2 LotParcel and Building Standards (M Districts) -1 -2 -3 -4 LotParcel Size ŊMinimum lotparcel area (square feet) 5,000 5,000 5,000 5,000 ŊMinimum lotparcel width (feet) None None None None Minimum Front Setback ŊAbutting residential district ŊNot abutting R district None None None None Minimum Rear Setback ŊAbutting R district Ŋ% of lotparcel depth 25 25 25 25 ŊMaximum required (feet) 20 20 20 20 ŊNot abutting R district None None None None Minimum Interior Side Setback ---PAGE BREAK--- Chapter 20.15Chapter 20.25 Industrial and Manufacturing DistrictsOverlay Districts 20.15.05020.25.090 Site, Design and Operational Standards/D, Downtown Overlay M I S S O U L A Z O N I N G O R D I N A N C E Public Hearing Draft (05-29-2009) – Page 20.15-5 Table 20.15-2 LotParcel and Building Standards (M Districts) -1 -2 -3 -4 ŊAbutting residential district ŊNot abutting R district None None None None Minimum Street Side Setback ŊAbutting residential district ŊNot abutting R district None None None None Maximum Building Height (feet) 40 50 65 125 Notes to Table 20.15-2 Front and street side setbacks are required only when a M-zoned lotparcel abuts an R-zoned lotparcel with frontage on the same street. In such cases, the M-zoned lotparcel must match the actual front or street side setback of the building that exists on the abutting R-zoned lotparcel, or if no building exists on the abutting R- zoned lotparcel, the M-zoned lotparcel must provide at least 50% of the front setback that applies to the abut- ting R-zoned lotparcel. Interior side setback required only when an M-zoned lotparcel abuts R-zoned lotparcel. In such cases, the mM- zoned lotparcel must provide the same interior side setback as required for the abutting R-zoned lotparcel. For lotparcels abutting R districts that have a maximum allowed building height of 35 feet or less, the maximum building height at the point of the required minimum setback line is 35 feet. Height may be increased above 35 feet by up to one foot (vertical) for each 6 inches of building setback or upper floor step-back. 20.15.050 Site, Design and Operational Standards A. Enterprise Commercial Uses Enterprise commercial uses in M1 and M1R districts are subject to the standards of 20.40.050. B. Screening and Buffering of Multi-Dwelling Uses New multi-dwelling buildings must provide buffers in side and rear yards setbacks abut- ting existing industrial uses in accordance with the buffer standards of Chapter 20.65. C. Outdoor Work Areas Outdoor work areas are allowed in M1 and M2 districts but not in the M1R district. Out- door work areas are subject to the buffer and screening standards of Chapter 20.65. ---PAGE BREAK--- Chapter 20.15Chapter 20.25 Industrial and Manufacturing DistrictsOverlay Districts 20.15.06020.25.090 Other Regulations/D, Downtown Overlay M I S S O U L A Z O N I N G O R D I N A N C E Public Hearing Draft (05-29-2009) – Page 20.15-6 D. Outdoor Storage and Display Areas Outdoor storage and display is allowed as an accessory use in all M districts if such storage or display is a customary accessory use to an allowed principal use of the site. Outdoor storage and display is allowed as a principal use in M1 and M2 but not the M1R district. Outdoor storage and display areas are subject to the buffer and screening standards of Chapter 20.65. 20.15.060 Other Regulations Uses and development in M districts may be subject to other provisions of this zoning ordinance, includ- ing the following: A. Accessory Uses and Structures See Chapter 20.45. B. Hillside Protection Development Standards See 20.50.010. C. Parking and Access See Chapter 20.60. D. Landscaping See Chapter 20.65. E. Miscellaneous See Chapter 20.70. F. Signs See Chapter 20.75. G. Nonconformities See Chapter 20.80. ---PAGE BREAK--- M I S S O U L A Z O N I N G O R D I N A N C E Public Hearing Draft (05-29-2009) – Page 20.20-1 Chapter 20.20 Open Space and Public Districts 20.20.010 General 20.20-1 20.20.020 Allowed 20.20-1 20.20.030 Development Options 20.20-3 20.20.040 Parcel and Building 20.20-3 20.20.050 Other Regulations 20.20-4 20.20.010 General A. District List The city’s open space and public (OP) zoning districts are listed below. When this zoning ordinance refers to “open space and public” zoning districts or “OP” districts, it is refer- ring to these districts. Map Symbol District Name OP1 Open Space OP2 Open and Resource Lands OP3 Public Lands and Institutional B. Purposes 1. OP1 The OP1 district is primarily intended to preserve open space and sensitive natural resource areas, including environmentally sensitive and agricultural areas. 2. OP2 The OP2 district is primarily intended to preserve open space and sensitive natural resource areas, while also allowing very low-density residential use, ideally in the form of cluster development. The district is further intended to: a. encourage the continuing use of land for agricultural and natural resource pro- tection; b. protect open lands not capable of supporting urbanized development due to biologic, physiographic or hydrologic constraints; and c. protect open and scenic lands from untimely urbanized development that tends to increase expenditures of public funds for supplying public services. 3. OP3 The OP3 district is primarily intended to accommodate public, quasi-public and in- stitutional uses. 20.20.020 Allowed Uses A. Use Table Uses are allowed in OP zoning districts in accordance with Table 20.20-1, below. B. Use Classification System For the purpose of this zoning ordinance, uses are classified into “use groups,” “use cate- gories,” and “specific use types.” These are described and defined in Chapter 20.105. Uses are identified in the first column of Table 20.20-1. ---PAGE BREAK--- Chapter 20.20Chapter 20.25 Open Space and Public DistrictsOverlay Districts 20.20.02020.25.090 Allowed Uses/D, Downtown Overlay M I S S O U L A Z O N I N G O R D I N A N C E Public Hearing Draft (05-29-2009) – Page 20.20-2 C. Permitted Uses Uses identified with a in Table 20.20-1 are permitted as-of-right in the subject zoning district, subject to compliance with any use standards identified in the final column of the table and all other applicable standards of this zoning ordinance. D. Conditional Uses Uses identified with a in Table 20.20-1 may be allowed if reviewed and approved in accordance with the conditional use procedures of 20.85.070. Conditional uses are subject to compliance with any use standards identified in the final column of the table and all other applicable standards of this zoning ordinance. E. Prohibited Uses Uses identified with a are expressly prohibited. F. Use Standards The “use standards” column of Table 20.20-1 identifies use-specific standards that apply to some uses. Unless otherwise expressly stated, compliance with such standards is re- quired regardless of whether the use is permitted as-of-right or requires conditional use approval. Table 20.20-1 Uses Allowed in Open Space and Public Districts Use Category Ŋspecific use type OP1 OP2 OP3 Standards R E S I D E N T I A L Household Living – – ŊTownhouses (in cluster developments) – P – 20.40.130 ŊDetached Houses – P – Group Living (except as noted below) – C ŊCommunity Residential Facility (8 or fewer) – P – ŊCommunity Residential Facility – C – 20.40.070 ŊPersonal CareHealth Care Facility – – P P U B L I C / C I V I C College/University – – P Day Care ŊResidential Day Care (1–12) – P – ŊDay Care Center (13+) – C – Detention and Correctional Facilities – – P Hospital – – P Library/Cultural Exhibit – – P Park/Recreation P P P School – – P Utilities and Services ŊMinor P – P ŊMajor P – P C O M M E R C I A L Entertainment and Spectator Sports – – P Funeral and Interment Services – – P Office (except as noted below) – – – ŊMedical or Government – – P ---PAGE BREAK--- Chapter 20.20Chapter 20.25 Open Space and Public DistrictsOverlay Districts 20.20.03020.25.090 Development Options/D, Downtown Overlay M I S S O U L A Z O N I N G O R D I N A N C E Public Hearing Draft (05-29-2009) – Page 20.20-3 Use Category Ŋspecific use type OP1 OP2 OP3 Standards O T H E R Agriculture, Animal – P – Agriculture, Crop P P P Community Garden P P P Airports and Landing Fields – – P 20.20.030 Development Options Two development options—conventional and cluster—are offered in the OP2 district as a way of promot- ing conservation of natural resources, including agricultural lands. Either of the development options may be used at the property owner’s election. A. Conventional Development “Conventional development” is any development that is not part of an approved cluster development. LotParcel and building standards for conventional development can be found in 20.20.040 (Table 20.20-2). B. Cluster Development 1. Intent The cluster development option in the OP2 district is intended to encourage subdi- visiondevelopment designs that are more efficient and provide more open space and greater natural resource protection than conventional development designs. 2. General Description a. The cluster development standards of this chapter require that a specified por- tion of each development be set aside and permanently preserved as open space. b. Open space must be reviewed in accordance with the city’s subdivision plat, condominium plat or planned unit development review processreview process (see XREF of the subdivision regulations). c. Additional information on cluster and conservation development can be found in Chapter 20.55. Editor’s Note: The provisions in Chapter 20.55 will eventually be moved to the city’s subdivision regulations. 3. Regulations The cluster development option is available in the OP2 district. It allows smaller lot- parcels and other flexible lotparcel and building standards in exchange for the provi- sion of common open space that is not typically provided in a conventional devel- opment. LotParcel and building standards for cluster development can be found in 20.20.040 (Table 20.20-2). Additional cluster development standards are included in Chapter 20.55. 20.20.040 LotParcel and Building Standards All development in OP districts must comply with the lotparcel and building standards of Table 20.20-2, except as otherwise expressly provided. General exceptions to lotparcel and building standards and rules for measuring compliance can be found in Chapter 20.110. ---PAGE BREAK--- Chapter 20.20Chapter 20.25 Open Space and Public DistrictsOverlay Districts 20.20.05020.25.090 Other Regulations/D, Downtown Overlay M I S S O U L A Z O N I N G O R D I N A N C E Public Hearing Draft (05-29-2009) – Page 20.20-4 Table 20.20-2 Open Space and Public District LotParcel and Building Standards LotParcel and Building Standards OP1 OP2 OP3 CONVENTIONAL DEVELOPMENT Minimum LotParcel Size ŊArea (square feet) None None None ŊArea per unit (acres) None 40 None ŊWidth (feet) None None None Minimum Setbacks (feet) ŊFront None 25 30 ŊSide (interior) None 50 10 ŊSide (street) None 12.5 15 ŊRear None 50 20 Maximum Building Height (feet) 35 35 100 Max. Building Coverage of lotparcel area) None None 45 CLUSTER DEVELOPMENT Overall Site ŊMin. open space site) NA 30 NA ŊMin. area per unit (acres) NA 40 NA Minimum LotParcel Area NA None NA Minimum Setbacks (feet) ŊFront NA 25 NA ŊSide, interior NA 15 NA ŊRear NA 20 NA Maximum Building Height (feet) NA 35 NA Setback also applies on street side. 20.20.050 Other Regulations Uses and development in OP districts may be subject to other provisions of this zoning ordinance, includ- ing the following: A. Accessory Uses and Structures See Chapter 20.45. B. Hillside Protection Development Standards See 20.50.010. C. Parking and Access See Chapter 20.60. D. Landscaping See Chapter 20.65. E. Miscellaneous See Chapter 20.70. F. Signs See Chapter 20.75. ---PAGE BREAK--- Chapter 20.20Chapter 20.25 Open Space and Public DistrictsOverlay Districts 20.20.05020.25.090 Other Regulations/D, Downtown Overlay M I S S O U L A Z O N I N G O R D I N A N C E Public Hearing Draft (05-29-2009) – Page 20.20-5 G. Nonconformities See Chapter 20.80. ---PAGE BREAK--- ---PAGE BREAK--- M I S S O U L A Z O N I N G O R D I N A N C E Public Hearing Draft (05-29-2009) – Page 20.25-1 Chapter 20.25 Overlay Districts 20.25.010 General 20.25-1 20.25.020 Pedestrian Overlay 20.25-1 20.25.030 /PUD, Planned Unit Development 20.25-4 20.25.040 /NC, Neighborhood Character Overlays 20.25-7 20.25.050 /NC-B, Boulevard Neighborhood Character Overlay 20.25-9 20.25.060 /NC-SR, Southside Riverfront Neighborhood Character Overlay 20.25-9 20.25.070 /NC-FM, Historic Fort Missoula Neighborhood Character Overlay 20.25-12 20.25.080 /ADU, Accessory Dwelling Unit 20.25-15 20.25.090 Downtown 20.25-18 20.25.100 /TO, Transit-Oriented Overlay 20.25-18 Overlay zoning districts are tools for dealing with special situations or accomplishing special planning and zon- ing goals. As the name implies, overlay districts are “over-laid” on zoning district classifications to alter some or all of the regulations that apply in the underlying, base zoning district. 20.25.010 General A. Establishment 1. Overlay district regulations may be established or amended only in accordance with the text amendment procedures of 20.85.040. 2. Overlay zoning district boundaries may be established, amended or removed only in accordance with the zoning map amendment procedures of 20.85.050. B. Interpretation Overlay zoning district regulations apply in combination with underlying (base) zoning district regulations and all other applicable regulations of this zoning ordinance. When overlay district standards conflict with standards that would otherwise apply under this zoning ordinance, the regulations of the overlay zoning district govern. Otherwise, all ap- plicable regulations of this zoning ordinance apply in overlay districts. 20.25.020 Pedestrian Overlay A. Purpose The Pedestrian Overlay district is primarily intended to preserve and enhance the character of pedestrian-oriented streets and, in turn, to promote street-level activity, eco- nomic vitality and pedestrian safety and comfort. B. Applicability The standards of this section apply to all development in /P overlay districts unless other- wise expressly stated. Single-purpose residential buildings must comply with the driveway and vehicle access provisions of 20.25.020H; they are exempt from all other /P overlay district regulations. C. Building Placement 1. Buildings must abut the sidewalk or be located within 5 feet of the sidewalk for at least 60% of the property line along the primary street frontage and for at least 40% of the property line along the secondary (side) street frontage. For the purpose of this provision, the “primary street frontage” is the frontage abutting the street that has the longest length of street frontage classified in the /P overlay district. “Secon- ---PAGE BREAK--- Chapter 20.25Chapter 20.25 Overlay DistrictsOverlay Districts 20.25.02020.25.090 Pedestrian Overlay/D, Downtown Overlay M I S S O U L A Z O N I N G O R D I N A N C E Public Hearing Draft (05-29-2009) – Page 20.25-2 dary street frontages” exist along those streets that intersect the primary pedestrian street. 2. On a corner lotparcel, the building must “hold the corner.” In other words, the minimum building frontage requirements of 20.25.020C.1 must be measured from the intersection of the street side and front property lines except in cases when inter- section visibility requirements impose greater building setback requirements. 3. These building placement standards do not apply to outdoor seating or dining areas, permitted arcades, public plazas, parks or recessed entries that accommodate useable pedestrian gathering spaces abutting primary and secondary frontages. 4. The zoning officer is authorized to approve an administrative adjustment to the building placement standards of this subsection in accordance with the procedures of 20.85.110. D. Ground-Floor Area 1. Windows or other glazed area must cover at least 60% of the public street-facing ground floor building wall. Darkly tinted, mirrored or highly reflective glazing glass may not be counted toward minimum transparency glazed area requirements. On corner lotparcels, this 60% transparency glazed area requirement applies only along the primary street. In the event that these minimum transparency glazed area re- quirements conflict with city building (energy) code requirements, the building (en- ergy) code governs. 2. Transparency Glazed area requirements shall apply to that area of the ground floor building wall facing a public street up to the finished ceiling height of the first floor building space. 3. Display windows that do not provide views into the interior of the building may be counted towards satisfying up to 50% of the minimum transparency glazed area re- quirements, provided that they are internally illuminated and are at least 2 feet in depth. 4. The bottom of any window or product display window used to satisfy these trans- parency glazed area requirements may not be more than 30 inches above the fin- ished grade of the first floor building space. 5. The zoning officer is authorized to approve an administrative adjustment to the ground-floor glazed area standards of this subsection in accordance with 20.85.110. E. Doors and Entrances 1. Buildings must have a working public entrance facing the primary street. Entrances at building corners may be used to satisfy this requirement. ---PAGE BREAK--- Chapter 20.25Chapter 20.25 Overlay DistrictsOverlay Districts 20.25.02020.25.090 Pedestrian Overlay/D, Downtown Overlay M I S S O U L A Z O N I N G O R D I N A N C E Public Hearing Draft (05-29-2009) – Page 20.25-3 2. Building entrances may include doors to individual shops or businesses, lobby en- trances, entrances to pedestrian-oriented plazas or courtyard entrances to a cluster of shops or businesses. 3. The zoning officer is authorized to approve an administrative adjustment to the door and entrance standards of this subsection in accordance with 20.85.110. F. Ground-Floor Commercial Floor Space 1. The minimum floor-to-ceiling height of all ground floor space, other than allowed parking areas, must be at least 13 feet. 2. Ground floor space must contain the following minimum floor area: a. at least 800 square feet or 25% of the lotparcel area (whichever is greater) on lotparcels with lot street frontage of less than 50 feet (as measured along the shorter lot street frontage on lotparcels containing multiple street frontages); or b. at least 20% of the lot parcel area on lotparcels with 50 feet of lot street front- age or more (as measured along the shorter lot street frontage on lots parcels containing multiple street frontages). 3. Only the following uses are allowed on the ground floor of buildings within 50 feet of primary street property (ROW) line: a. Artist Work or Sales Space; b. Eating and Drinking Establishments; c. Food and Beverage Retail Sales; d. Retail Sales; or e. Personal Improvement Service. Commentary: this provision is intended to promote pedestrian-oriented uses along the ground floor street frontage, but does allow other uses to be located on the ground floor if they are located 50 feet or more from the primary street property line. G. Parking 1.No off-street parking is required for retail sales uses in the /P overlay district unless such uses exceed 1,000 square feet of gross leasable floor area, in which case off- street parking in accordance with Chapter 20.60 must be provided for the floor area ---PAGE BREAK--- Chapter 20.25Chapter 20.25 Overlay DistrictsOverlay Districts 20.25.03020.25.090 /PUD, Planned Unit Development Overlay/D, Downtown Overlay M I S S O U L A Z O N I N G O R D I N A N C E Public Hearing Draft (05-29-2009) – Page 20.25-4 in excess of 1,000 square feet. On lots occupied by 2 or more uses, the 1,000 square foot exemption may only be applied once. 1. Any off-street parking that is provided must be located behind the building or within or under the building. 2. When the depth of the lotparcel is insufficient to permit required parking to the rear of the building, parking may be located to the side of the building, provided that it does not occupy more than 40% of the street frontage and it is separated from the sidewalk by perimeter parking lot landscaping in accordance with 20.65.050. If the parking lot perimeter landscaping requirements of 20.65.050 do not apply, the park- ing must be separated from the sidewalk by a solid wall between 36 and 42 inches in height. H. Driveways and Vehicle Access No curb cuts may be made unless no other means of access is available, in which case the zoning officer is authorized to permit up to one curb cut, subject to approval by the city engineer. Driveways and vehicle access, when provided, must be approved by the city en- gineer and come from an alley or secondary (side) street if either is present. The city engi- neer is authorized to approve an administrative adjustment to the driveway and vehicle access standards of this subsection in accordance with 20.85.110. 20.25.030 /PUD, Planned Unit Development Overlay A. Purpose 1. General The /PUD, Planned Unit Development Overlay district is intended to accommodate development that may be difficult if not impossible to carry out under otherwise ap- plicable zoning district standards. Examples of the types of development that may benefit from the PUD overlay district include the following: a. Enhanced Protection of Natural Resource Areas Developments that offer enhanced protection of natural resources and sensi- tive environmental features, including streams, water bodies, floodplains, wet- lands, steep slopes, woodlands, wildlife habitats and native plant communities. b. Traditional Urban Development Developments characterized by lotparcel configurations, street patterns, street- scapes, and neighborhood amenities commonly found in urban neighbor- hoods platted or otherwise created before the 1950s. c. Mixed-use Development Developments that contain a complementary mix of residential and nonresi- dential uses. d. Affordable Housing Developments in which at least 20% of the total number of dwelling units are affordable to households earning 80% or less of the Missoula County median income, as determined by the U.S. Department of Housing and Urban Devel- opment (HUD). ---PAGE BREAK--- Chapter 20.25Chapter 20.25 Overlay DistrictsOverlay Districts 20.25.03020.25.090 /PUD, Planned Unit Development Overlay/D, Downtown Overlay M I S S O U L A Z O N I N G O R D I N A N C E Public Hearing Draft (05-29-2009) – Page 20.25-5 2. Specific Objectives Different types of PUDs will promote different planning goals. In general, however, PUDs are intended to promote the following objectives: a. implementation of and consistency with the city’s adopted plans and policies; b. flexibility and creativity in responding to changing social, economic and mar- ket conditions and that results in allowing greater public benefits than could be achieved using conventional zoning and development regulations; c. efficient and economical provision of public facilities and services; d. sustainable, long-term communities that provide economic opportunity and environmental and social equity for residents; e. variety in housing types and sizes to accommodate households of all ages, sizes, incomes and lifestyle choices; f. compact, mixed-use development patterns where residential, commercial, civic, and open spaces are located in close proximity to one another; g. a coordinated transportation systems that includes an inter-connected hierar- chy of appropriately designed improvementsfacilities for pedestrians, bicycles, and vehicles; h. compatibility of buildings and other improvements as determined by their ar- rangement, massing, form, character and landscaping to establish a high- quality livable environment; i. the incorporation of open space amenities and natural resource features into the development design; j. low-impact development (LID) practices; and k. attractive, high-quality landscaping, lighting, architecture and signage that re- flects the unique character of the development. B. Unified Control No application for PUD zoning approval will be accepted or approved unless all of the property included in the application is under unified ownership or a single entity’s con- trol. C. Procedure PUDs must be reviewed and approved in accordance with the procedures of 20.85.060. D. Zoning Map Approved PUDs must be identified on the zoning map by appending the map symbol “/PUD” as a suffix to the base zoning district classification, as in “R80/PUD.” E. Developer’s Statement of Intent Each PUD application must include a written explanation from the applicant describing the community benefits of the proposed development and how the proposed develop- ment provides greater benefits to the city than would a development carried out in accor- dance with otherwise applicable zoning ordinance standards. The statement must also in- clude a comparison of the proposed development with the standards of the base zoning district. ---PAGE BREAK--- Chapter 20.25Chapter 20.25 Overlay DistrictsOverlay Districts 20.25.03020.25.090 /PUD, Planned Unit Development Overlay/D, Downtown Overlay M I S S O U L A Z O N I N G O R D I N A N C E Public Hearing Draft (05-29-2009) – Page 20.25-6 F. Approval Criteria A /PUD overlay zoning district may be approved only when the city council determines that the proposed development cannot be reasonably accommodated by other available regulations of this zoning ordinance, and that a the proposed PUD would result in a greater benefit to the city as a whole than would development under conventional zoning district regulations. Such greater benefit may include implementation of adopted plan- ning policies, natural resource preservation, urban design, neighborhood/community amenities or an overall level of development quality. G. Standards Eligible for Modification Unless otherwise expressly approved by the city council as part of the PUD approval process, PUDs are subject to all applicable standards of this zoning ordinance. The city council is authorized to approve PUDs that deviate from strict compliance with specified standards if they determine that the resulting development satisfies the approval criteria of 20.25.030F. 1. Allowed Uses A list of uses to be allowed in a PUD must be approved as part of the PUD approval process. Regardless of the underlying zoning, the city council may approve a mix of use types within a PUD as a means of accommodating mixed-use developments and developments with a broader range of housing types and affordable housing options than allowed by the underlying zoning district. 2. LotParcel Size Minimum lotparcel area and width size standards of the base zoning district may be reduced as part of the PUD approval, provided that lotparcel sizes must be are ade- quate to safely accommodate all proposed buildings and site features. 3. Residential Density The maximum allowable residential density of the base zoning district may be in- creased if the city council determines that such an increase is warranted to support the public benefit likely to result from the proposed development and such density increase can be supported by existing and planned public facilities and services. 4. Setbacks The minimum setback standards of the base zoning district may be reduced as part of the PUD approval. 5. Height The city council may allow an increase in allowable building heights if it they deter- mines that such an increase is warranted to support the public benefit likely to result from the proposed development. 6. Parking and Loading Off-street parking and loading requirements may be modified when the city council determines that modified requirements are in keeping with projected parking and loading demand of the proposed development, that other means of meeting access demand will be provided or that the requested modifications will better meet the purpose of the PUD overlay. The city engineer must review and make a recommen- dation on requests for modification of parking and loading requirements. 7. Streets Alternatives to otherwise “standard” street cross-sections and designs may be ap- proved when the city council determines that such alternative designs would better ---PAGE BREAK--- Chapter 20.25Chapter 20.25 Overlay DistrictsOverlay Districts 20.25.04020.25.090 /NC, Neighborhood Character Overlays Generally/D, Downtown Overlay M I S S O U L A Z O N I N G O R D I N A N C E Public Hearing Draft (05-29-2009) – Page 20.25-7 meet the purpose of the PUD overlay, while still providing a safe and efficient traffic circulation system. The city engineer and fire chief must review and make recom- mendations on requests for alternative street standards. 20.25.040 /NC, Neighborhood Character Overlays Generally A. Purpose This section established the general authority and procedure for establishment ofThe /NC, Neighborhood Character Overlay district regulations. /NC districts is are intended to: 1. recognize and protect the physical character of neighborhoods that exhibit unique development and building patterns; 2. encourage neighborhood investment in the form of construction and development that conforms to the size, orientation and setting of existing buildings in the neighborhood; 3. implement adopted neighborhood plans; 4. foster development and redevelopment that isare compatible with the scale and physical character of original buildings in the neighborhood through the use of de- velopment/design standards; 5. ensure a stabilized tax base; and 6. to promote natural and cultural assets. B. Selection Criteria An /NC district must be a geographically defined area that has a significant concentration, linkage or continuity of sites that are united by physical development or architecture. To be eligible for /NC zoning, the area must comply with all of the following criteria: 1. the area must possess urban design, architectural or other physical development characteristics that create an identifiable setting, character and association; 2. the area must be covered by an approved neighborhood or area plan, or approved National Register Historic District; and 3. the designated area must be a contiguous area of at least 5 acres. Areas of less than 5 acres may be designated if they abut and extend an existing /NC overlay district, or if deemed necessary by the city council to address specific circumstances. C. Uses The use regulations of the underlying zoning district govern. The /NC district does not impose additional use restrictions.Uses allowed by the underlying zoning district are al- lowed in all /NC Overlay districts unless expressly modified when the specific neighbor- hood conservation overlay district is adopted. D. Development/Design Standards In establishing an /NC district, the city council is authorized to adopt district-specific de- velopment and design standards to guide development and redevelopment within the subject /NC district. When development and design standards have been approved, each application for new construction or structural alteration of an existing building within the designated /NC must comply with those standards. ---PAGE BREAK--- Chapter 20.25Chapter 20.25 Overlay DistrictsOverlay Districts 20.25.04020.25.090 /NC, Neighborhood Character Overlays Generally/D, Downtown Overlay M I S S O U L A Z O N I N G O R D I N A N C E Public Hearing Draft (05-29-2009) – Page 20.25-8 E. Establishment of District /NC zoning districts are established in accordance with the zoning map amendment pro- cedures of 20.85.050, except that an application to establish an /NC district may be initi- ated only by the city council or by a petition signed either by the owners of 5135% of the area within the proposed /NC district or by at least 5135% of the property owners within the proposed district. F. Procedure 1. /NC district regulations must be established in accordance with the zoning ordi- nance text amendment procedures of 20.85.040. a. Once created, an /NC district may be applied to property in accordance with the zoning map amendment procedures of 20.85.050. Following its public hearing on the establishment of an /NC district, the planning board must make a recommendation that the /NC district zoning be approved or denied. The planning board’s recommendation must be submitted to the city council. The planning board’s recommendation to apply an /NC district must be accompa- nied by a report containing the following information: 1.(1)a map showing the recommended boundaries of the /NC district; 2.(2)an explanation of the how the area meets the selection criteria of 20.25.040B; 3.(3)in the case of an area found to meet the criteria in 20.25.040B, a descrip- tion of the general pattern of development, including streets, lotparcels and buildings in the area; 4.(4)any recommended district-specific development and design standards applicable to development and redevelopment within the district; and 5.(5)an explanation of the planning and zoning implications related to the designation of the proposed area and application of the district-specific development and design standards. G. Districts 1. Established The city’s /NC overlay districts are listed below. Map Symbol District Name /NC-B Boulevard Neighborhood Character Overlay /NC-SR Southside Riverfront Neighborhood Character Overlay /NC-HFM Historic Fort Missoula Neighborhood Character Overlay Commentary: A neighborhood conservation overlay district has been prepared for the Rattlesnake Valley area, but it has not been adopted (as a zoning district) or applied to property in the city. See Appendix B. 2. Regulations Regulations governing development within the city’s established /NC districts are found in . ---PAGE BREAK--- Chapter 20.25Chapter 20.25 Overlay DistrictsOverlay Districts 20.25.05020.25.090 /NC-B, Boulevard Neighborhood Character Overlay/D, Downtown Overlay M I S S O U L A Z O N I N G O R D I N A N C E Public Hearing Draft (05-29-2009) – Page 20.25-9 20.25.050 /NC-B, Boulevard Neighborhood Character Overlay A. Purpose The /NC-B, Boulevard Neighborhood Character Overlay district is primarily intended to preserve and enhance the appearance and civic value of boulevards that: 1. are bordered by mature trees regularly placed; 2. contain a landscaped plaisance or mall along the sides or down the center; or 3. isare otherwise arranged or landscaped so as to be of particular scenic, aesthetic, or recreational value. B. Applicability The standards of this section apply to all development in /NC-B overlay districts unless otherwise expressly stated. Boulevard overlay districts must be designated through the zoning map amendment procedure of 20.85.050. Such districts may consist of: 1. boulevards or portions of boulevards; 2. all lots or parcels of property immediately abutting the designated boulevard or boulevard segment; and 3. other parcels of property within 150 feet of the designated boulevard or boulevard segment. Commentary: There is currently only one Boulevard Overlay district in Missoula, along a portion of Brooks Street. C. Alterations and Improvements within the Right-of-Way The city may not make nor permit to be made any alterations in the public right of way in any boulevard overlay district that would degrade the aesthetic values of the boulevard. D. Alterations and Improvement of Private Property The regulations of this subsection apply to all new development and expansions of exist- ing development that result in an increase in floor area by more than 10%. 1. No off-street parking may be constructed that would be visible from the boulevard. 2. No curb cuts may be made along the boulevard unless no other means of access is available, in which case the zoning officer is authorized to permit up to one curb cut, subject to approval by the city engineer. 3. No boulevard trees may be removed or harmed and no boulevard landscaping may be damaged, destroyed or otherwise impaired. 20.25.060 /NC-SR, Southside Riverfront Neighborhood Character Overlay A. Purpose The /NC-SR, Southside Riverfront Neighborhood Character Overlay district is intended to accommodate the commercial and residential needs of the Southside Riverfront com- mercial neighborhoods by permitting a mixture of residential and neighborhood-serving commercial uses. This district allows existing uses to remain while encouraging a mix of residential and commercial uses. The overlay district classifies existing lotparcels and ex- isting uses as permitted. New development and new uses must address all design stan- dards contained within the /NC-SR overlay district when development is proposed. The /NC-SR overlay district further defines allowed uses in the B2, C1, C2 and M1R districts, and establishes additional design standards. ---PAGE BREAK--- Chapter 20.25Chapter 20.25 Overlay DistrictsOverlay Districts 20.25.06020.25.090 /NC-SR, Southside Riverfront Neighborhood Character Overlay/D, Downtown Overlay M I S S O U L A Z O N I N G O R D I N A N C E Public Hearing Draft (05-29-2009) – Page 20.25-10 B. Applicability 1. The /NC-SR overlay district regulations apply only to areas within underlying base zoning of B2, C1, C2 or M1R. 2. Rezoning to accommodate development of a neighborhood commercial use when not part of a neighborhood or community-wide planning process should be done through a /PUD rezoning rather than the /NC-SR district. 3. The minimum area that may be considered for application of the /NC-SR overlay district is one (entire) city block, or 2.5 acres. 4. The /NC-SR overlay district does not apply to areas within the designated 100-year floodplain. or to areas zoned R80, R20, or RT10. C. LotParcel and Building Standards 1. LotParcel Area The minimum lotparcel area is 3,500 square feet, except that this minimum lotpar- cel area requirement does not apply to lotparcels in lawful existence on March 27, 2000. 2. Setbacks a. The minimum setback requirements of the underlying zoning district apply, except that a minimum rear setback of 10 feet is required for C2-zoned lotpar- cels. b. Front setbacks may not exceed 60 feet in depth. 3. Impervious Coverage No lot or parcel used for commercial or mixed-use purposes may be more than 85% covered with impervious surfaces. 4. Height Buildings may not exceed the maximum height limit of the underlying zoning dis- trict or 45 feet, whichever is less. D. Allowed Uses 1. The following uses are allowed in the /NC-SR overlay district: a. uses allowed by the underlying zoning; and b. uses in lawful existence on March 27, 2000. 2. Commercial and industrial uses in lawful existence on March 27, 2000 are consid- ered permitted uses at their existing intensity, density and location, regardless of changes in ownership or tenancy. Such uses may be reestablished to their pre- existing density and intensity in the event of natural damage or destruction. They may be expanded on their existing lotparcel if all applicable base district and overlay district standards are met. 3. Commercial and industrial uses in lawful existence on March 27, 2000 may be re- placed by a use of similar or less intensity, as determined by the zoning officer. If a less intensive commercial or industrial use is established, the use may not later revert back to the previous intensity. ---PAGE BREAK--- Chapter 20.25Chapter 20.25 Overlay DistrictsOverlay Districts 20.25.06020.25.090 /NC-SR, Southside Riverfront Neighborhood Character Overlay/D, Downtown Overlay M I S S O U L A Z O N I N G O R D I N A N C E Public Hearing Draft (05-29-2009) – Page 20.25-11 E. Prohibited Uses The following uses may not be established in the /NC-SR district: 1. drive-in and drive-through restaurants 2. gasoline and fuel sales 3. general motor vehicle repair 4. taxidermy shops 5. pawnshops 6. non-accessory parking 7. light and heavy equipment sales/rentals 8. residential storage warehouse F. Parking 1. Location a. For multi-dwelling and nonresidential uses, off-street parking and vehicular use areas must be located behind the building or within or under the building. b. When the depth of the lotparcel is insufficient to permit required nonresiden- tial or multi-dwelling parking to the rear of the building, parking may be lo- cated to the side of the building, provided that it does not occupy more than 50% of the street frontage and it is separated from the sidewalk by perimeter parking lot landscaping in accordance with 20.65.050. If the parking lot pe- rimeter landscaping requirements of 20.65.050 do not apply, the parking must be separated from the sidewalk by a solid wall between 36 and 42 inches in height. c. On a corner lotparcel, parking may not be located within 50 feet of the inter- section of the front and street side property lines. 2. Special Parking Requirements for B2-Zoned LotParcels a. On B2-zoned lotparcels, off-street parking space requirements are reduced from the minimums established in Chapter 20.60 if the lotparcel has frontage on and direct access to a street improved to city specifications that provides on-street parking along the entire block face. In such cases, the minimum parking requirements are as follows: Minimum parking spaces permitted for commercial uses: 50% of the minimum parking ratios established in Chapter 20.60. Maximum parking spaces permitted for commercial uses: 75% of the minimum parking ratios established in Chapter 20.60. b. The parking reductions authorized in 20.25.060F.2.a do not apply to situations in which programmed street improvements or modifications included in adopted planning documents would eliminate the requisite on-street parking, as determined by the zoning officer in consultation with the city engineer. ---PAGE BREAK--- Chapter 20.25Chapter 20.25 Overlay DistrictsOverlay Districts 20.25.07020.25.090 /NC-HFM, Historic Fort Missoula Neighborhood Character Overlay/D, Downtown Overlay M I S S O U L A Z O N I N G O R D I N A N C E Public Hearing Draft (05-29-2009) – Page 20.25-12 G. Building Design 1. Principal to detached houses must be clearly visible from a public street or right-of-way, other than an alley. 2. WindowsGlazed Area Commercial and vertical mixed-use buildings must include clear, non-reflective windows or other glazed area on at least 20% of all street-facing ground floor build- ing walls. Darkly tinted, mirrored or highly reflective glazing may not be counted toward minimum glazed area requirements. In the event that these minimum glazed area requirements conflict with city building (energy) code requirements, the build- ing (energy) code governs. Editor’s Note: preceding language added for internal consistency; not part of planning board motions 3. Exterior Walls Exterior walls on commercial and residential buildings may not have a flat, mono- lithic uninterrupted façade of more than 30 linear feet. This standard may be met by providing at least one of the following options: a. offsetting planes of at least one foot; b. bay windows; c. indented or recessed windows and entries; d. porches and balconies; e. overhanging awnings and space frames; or f. other architectural form that causes at least one foot of relief in the façade. 4. Exceptions The design review board is authorized to approve exceptions to the building design stan- dards of 20.25.060G in accordance with the design review procedures of 20.85.070. H. Signs B2-zoned properties are limited to one wall sign per business per street frontage, with a maximum sign area of 12 square feet. In the case of multiple businesses within one build- ing using a common entrance, one wall sign per commercial structure per street frontage is allowed with a maximum sign area of 18 square feet. Only indirect illumination is al- lowed for signs in the B2 district. I. Hours of Operation All uses in the B2 district are limited to hours of operation between 7:00 a.m. and 10:00 p.m., with the exception of residential uses, lodging uses and property approved for use as a casino, tavern or 20.25.070 /NC-HFM, Historic Fort Missoula Neighborhood Character Overlay A. Purpose The /NC-FM, Historic Fort Missoula Historic Neighborhood Character Overlay district is intended to protect buildings and grounds in the Fort Missoula area from modifications that obscure or eradicate significant features of their historic character; to promote resto- ---PAGE BREAK--- Chapter 20.25Chapter 20.25 Overlay DistrictsOverlay Districts 20.25.07020.25.090 /NC-HFM, Historic Fort Missoula Neighborhood Character Overlay/D, Downtown Overlay M I S S O U L A Z O N I N G O R D I N A N C E Public Hearing Draft (05-29-2009) – Page 20.25-13 ration and continued maintenance, and to protect the district from the effects of incom- patible development. B. Location A map of the Historic Fort Missoula Historic District Neighborhood Character Overlay follows: Note: Boundaries of the Historic Fort Missoula Neighborhood Character Historic Overlay district only. A full-size map is available for viewing in the office of planning and grants, C. Applicability The regulatory area is that area on the National Register of Historic Sites, including the cemetery. D. Permitted and Prohibited Uses Uses allowed by the underlying zoning district are allowed in the regulatory area of the /NC-FM overlay district unless expressly prohibited in this section. 1. Prohibited uses include the following: a. sewage treatment plants; b. public or private zoos; c. crematories; d. airports and landing fields; and e. establishments that sell liquor, beer or wine, or provideing gambling facilities. 2. Permitted uses include the following: a. planned unit developments; ---PAGE BREAK--- Chapter 20.25Chapter 20.25 Overlay DistrictsOverlay Districts 20.25.07020.25.090 /NC-HFM, Historic Fort Missoula Neighborhood Character Overlay/D, Downtown Overlay M I S S O U L A Z O N I N G O R D I N A N C E Public Hearing Draft (05-29-2009) – Page 20.25-14 b. medical offices; and c. community residential facilities serving 8 or fewer residents. E. Historic Preservation Commission A historic preservation commission is established to implement the purposes of the Fort Missoula Historic Overlay district. The historic preservation commission is authorized to perform those duties that are otherwise assigned to the design review board in 20.90.020. F. Certificates of Appropriateness 1. Procedure In order to preserve the historical integrity of the fort environs, any development or structural alteration requiring a building permit within the /NC-FM overlay district must be reviewed by the historic preservation officer for a certificate of appropriate- ness. A certificate of appropriateness is required for any activity that requires a zoning compliance permit. The historic preservation officer must forward a recom- mendation to the historic preservation commission. Appeals of decisions of the his- toric preservation commission may be made to the board of adjustment. 2. Submittal Requirements a. Information must be provided to the zoning officer to review prior to granting or denying a certificate of appropriateness. All materials to be submitted must be prepared on 8½” x 11” paper and packaged or bound to fit a standard let- ter-size file. Applications that involve more voluminous architectural plans and specifications may be accompanied by simplified sketches, details and support- ing documentation, on letter-size paper, that the detailed design documents. The extent of documentation to be submitted on any project will be dictated by the scope of the planned alteration and the information reasonably neces- sary for the zoning officer to make a determination. At a minimum, the follow- ing items must be included in the submission: Completed application on form provided by the office of planning and grants. One current picture of each elevation of each structure planned to be al- tered and such additional pictures of the specific elements of the struc- ture of property to be altered that will clearly express the nature and ex- tent of change planned. Except when otherwise recommended, no more than 8 pictures should be submitted and all pictures must be mounted on letter-size sheets and clearly annotated with the property address, eleva- tion direction and relevant information. Site sketch (oriented with north at the top of the page and approximately to scale) showing site boundaries, street and alley frontages and names, and location of all structures and distances (to the nearest foot) between buildings and from buildings to property lines. Historical information, including available data such as pictures, plans, authenticated verbal records and a similar research documentation that may be relevant to the planned alteration. Plans, sketches, pictures, specifications and other data that clearly express the applicant’s proposed alterations. ---PAGE BREAK--- Chapter 20.25Chapter 20.25 Overlay DistrictsOverlay Districts 20.25.08020.25.090 /ADU, Accessory Dwelling Unit Overlay/D, Downtown Overlay M I S S O U L A Z O N I N G O R D I N A N C E Public Hearing Draft (05-29-2009) – Page 20.25-15 A schedule of planned actions that will lead to the completed alterations. Such other information as may be required by the office of planning and grants in order to ensure a complete and competent review of the pro- posal. G. Review Criteria All structures must be built with the consideration that they are in a historic district. In addition to the standard review criteria that apply for all historic resources, in all historic districts, proposals in the Fort Missoula Historic Overlay district must be reviewed for compliance with the Development Guidelines and Standards for the Fort Missoula Historic District, which are on file and available for public inspection in the office of planning and grants. H. Designated Cultural Resources Designated cultural resources in the Fort Missoula Historic Overlay district, including contributing elements, are on file and available for public inspection in the office of plan- ning and grants. I. Related Plans and Guidelines The Fort Missoula Plan, 1993 Update, and the application for the National Register of Historic Places Inventory (1987) provide information about the nature of the site and buildings in the area. In addition, the area is discussed in the Missoula Urban Compre- hensive Plan, 1990 Update, and the Report to Missoula: $16,000 Pilot Project, Park/Open Space/Resource Planning and Management. 20.25.080 /ADU, Accessory Dwelling Unit Overlay A. Purpose 1. Accessory dwelling units help advance the city’s growth and planning policies by: a. accommodating new housing units while preserving the character of existing neighborhoods; b. allowing efficient use of the city’s existing housing stock and infrastructure; c. providing housing options and choices that respond to varying income levels, changing household sizes and lifestyle needs; d. providing a means for residents—particularly seniors, single parents, and empty-nesters—to remain in their homes and neighborhoods, and obtain ex- tra income, security, companionship and assistance; and e. accommodating a broader range of accessible and more affordable housing. 2. The /ADU overlay district regulations of this section are intended to help promote the benefits of accessory dwelling units, while also preserving neighborhood charac- ter and promoting predictability and certainty for established neighborhoods. B. Regulations for all Accessory Dwelling Units All accessory dwelling units must comply with the regulations of this subsection. 1. General Standards Accessory dwelling units are subject to all applicable regulations of the zoning dis- trict in which they are located, except as otherwise expressly stated in this section. ---PAGE BREAK--- Chapter 20.25Chapter 20.25 Overlay DistrictsOverlay Districts 20.25.08020.25.090 /ADU, Accessory Dwelling Unit Overlay/D, Downtown Overlay M I S S O U L A Z O N I N G O R D I N A N C E Public Hearing Draft (05-29-2009) – Page 20.25-16 2. Where Allowed Accessory dwelling units are allowed only on lotparcels occupied by a single de- tached house. 3. Number No more than one accessory dwelling unit is allowed per lotparcel. 4. Methods of Creation An accessory dwelling unit may be created only through the following methods: a. Converting existing living area within a detached house attic or base- ment); b. Adding floor area to an existing detached house; c. Constructing a detached accessory dwelling unit on a lotparcel with an existing detached house; d. Converting space within detached accessory buildings; or e. Constructing a new detached house with an internal or detached accessory dwelling unit. 5. Density (Minimum LotParcel Area per Unit) Accessory dwelling units are not included in minimum lotparcel area per unit calcu- lations, meaning no additional land area is required for the accessory dwelling unit beyond the minimum lotparcel size required for a detached house in the subject zoning district. 6. Wastewater Service Accessory dwelling units are allowed only if the principal dwelling unit and acces- sory dwelling unit are connected to city sewer. 7. Location of Entrances Only one entrance to a detached house containing an accessory dwelling unit may be located on the front facade that faces a street, unless the house contained an addi- tional street-facing entrance before the accessory dwelling unit was created. 8. Parking At least one paved off- street parking space must be provided for an accessory dwell- ing unit, in addition to the required off-street parking for the principal dwelling unit. If the lotparcel abuts an alley, access to the parking for the accessory dwelling unit must come from the alley. 9. Size The floor area of an accessory dwelling unit may not exceed 800 square feet. 10. Exterior Finish Materials The exterior finish material must be the same or visually match in type, size and placement, the exterior finish material of the detached house. 11. Roof Pitch The roof pitch must be the same as the predominant roof pitch of the house. ---PAGE BREAK--- Chapter 20.25Chapter 20.25 Overlay DistrictsOverlay Districts 20.25.08020.25.090 /ADU, Accessory Dwelling Unit Overlay/D, Downtown Overlay M I S S O U L A Z O N I N G O R D I N A N C E Public Hearing Draft (05-29-2009) – Page 20.25-17 12. Trim Trim on edges of elements on any the addition to the detached house or accessory structure occupied by an accessory dwelling unit must be the same in type, size and location as the trim used on the rest of the detached house. 13.Windows Windows must match those in the detached house in proportion (relationship of width to height) and orientation (horizontal or vertical). Windows on a detached accessory dwelling unit must be placed in locations that do not allow direct view in the interior of residential buildings on abutting lots or into the rear yard of abutting lots that are occupied by residential buildings. 13. Building and Fire Department Approval Before the issuance of a building permit for the construction of a new accessory dwelling unit, plans must be reviewed and approved by the building inspector and the fire department to determine compliance with applicable building and fire codes. C. Special Regulations for Detached Accessory Dwelling Units Detached accessory dwelling units must comply with the regulations of this subsection. 1. Entrances Building entrances to detached accessory dwelling units may not face the nearest side or rear lot property line unless there is an alley abutting that lot property line. 2. Setbacks The A detached accessory dwelling unit must be located at least 10 behind the de- tached house. This required 10-foot separation distance must be set back, free of structures and open from the ground to the sky except that it may include walkways, patios, decks and similar structures that do not exceed 30 inches in height above fin- ished grade.at least: a.60 feet from the front lot line; or b.10 feet behind the detached house. 3. Height The maximum height allowed for a detached accessory dwelling unit is 22 feet or the height of the primary (detached house) building, whichever is less. 4. Building Coverage The building coverage for the detached accessory dwelling unit may not exceed the building coverage of the detached house. The combined building coverage of all de- tached accessory buildings may not exceed 50% of the actual rear yard area. 5. Conversion of Existing Detached Accessory Structures a. An existing detached accessory structure that complies with any of the stan- dards of 20.25.080B.10 through 20.110.010A.1, 20.25.080C.3 or 20.25.080C.4, may not be altered in a way that will move the structure out of conformance with the standards that are met; b. If the accessory dwelling unit is proposed for an existing detached accessory structure that does not meet one or more of the standards of 20.25.080B.10 through 20.110.010A.1, the structure is exempt from the standard it does not ---PAGE BREAK--- Chapter 20.25Chapter 20.25 Overlay DistrictsOverlay Districts 20.25.09020.25.090 Downtown Overlay/D, Downtown Overlay M I S S O U L A Z O N I N G O R D I N A N C E Public Hearing Draft (05-29-2009) – Page 20.25-18 meet. If any floor area is added to the detached accessory structure, the entire structure must meet the standards of 20.25.080B.10 through 20.110.010A.1. 20.25.090 Downtown Overlay RESERVED 20.25.100 /TO, Transit-Oriented Overlay RESERVED ---PAGE BREAK--- M I S S O U L A Z O N I N G O R D I N A N C E Public Hearing Draft (05-29-2009) – Page 20.30-1 Chapter 20.30 Historic Preservation RESERVED ---PAGE BREAK--- ---PAGE BREAK--- M I S S O U L A Z O N I N G O R D I N A N C E Public Hearing Draft (05-29-2009) – Page 20.40-1 Chapter 20.40 Use- and Building-Specific Standards 20.40.010 20.40-1 20.40.020 Animal Sales and Grooming 20.40-1 20.40.030 Bed and Breakfast 20.40-1 20.40.040 Casinos, Taverns and 20.40-2 20.40.050 Enterprise Commercial 20.40-2 20.40.060 Gasoline and Fuel Sales 20.40-4 20.40.070 Group 20.40-4 20.40.080 Multi-dwelling Building 20.40-6 20.40.090 Multi-dwelling House 20.40-9 20.40.100 Residential Storage 20.40-9 20.40.110 Residential Support Services 20.40-10 20.40.120 Temporary 20.40-10 20.40.130 20.40-12 20.40.140 Truck Stop/Travel 20.40-15 20.40.150 Wireless Communication Facilities 20.40-16 20.40.010 Applicability A. Unless otherwise expressly stated, compliance with the use- and building-specific stan- dards of this chapter is required regardless of whether the use is permitted as-of-right or requires conditional use approval. B. Unless otherwise expressly stated, the standards of this chapter apply in all districts in which the listed use is allowed. 20.40.020 Animal Sales and Grooming Animal sales and grooming uses are subject to the following standards in B1 and B2 districts: A. outdoor storage of equipment, materials or supplies is prohibited; B. indoor or outdoor kennels are prohibited; and C. the maximum gross floor area is 2,500 square feet. 20.40.030 Bed and Breakfast Bed and Breakfast establishments are subject to the following standards in R and B1 districts: A. The establishment must be operated by the owner of the dwelling unit, who must live on the property; B.The building in which the bed and breakfast is located must have a minimum floor area of 4,000 square feet; B. The bed and breakfast may not contain more than 4 guest rooms in R215, R80, R40, R20, RT10, R8 or R5.4 districts or more than 8 guest rooms in any other R or B1 district; C. Food service may be provided for resident guests only; D. Bed and breakfast establishments may not be leased or offered for use as reception space, party space, meeting space or other similar events open to non-resident guests; and E. A maximum of one non-illuminated wall sign, not exceeding 2 square feet in area, may be displayed. F. If the lotparcel abuts an alley, access to guest parking spaces must come from the alley. ---PAGE BREAK--- Chapter 20.40Chapter 20.50 Use- and Building-Specific StandardsNatural Resource Protection 20.40.04020.50.040 Casinos, Taverns and Land Preservation M I S S O U L A Z O N I N G O R D I N A N C E Public Hearing Draft (05-29-2009) – Page 20.40-2 20.40.040 Casinos, Taverns and A. The following standards of this section apply to all new casinos, taverns and es- tablished after [insert effective date] and all expansions of existing casinos, taverns and when the expansion would increase the casino, tavern or floor area that existed on [insert effective date] by more than 5% or 500 square feet, whichever is greater. B. Casinos, taverns and must be located on lotparcels with frontage on an arterial street. The requirement for frontage on an arterial street does not, however, apply to casi- nos, taverns or in the CBD district. C. No lotparcel may be occupied by a casino, tavern or if the lotparcel is located within: 1. 300 feet of any R zoning district; or 2. 600 feet of any day care, school, religious assembly, or park/recreation use. D. Existing casinos, taverns and may expand one time by up to 5% of their gross floor area without triggering the conditional use review process. E. Existing casinos, taverns and may expand beyond the limits established in 20.40.040D beyond one time and/or by more than 5% of their gross floor) if they comply with applicable location regulations of 20.40.040B and 20.40.040C and they re- ceive approval in accordance with the conditional use procedures of 20.85.070. 20.40.050 Enterprise Commercial Uses A. The standards of this section apply in all C, M1R and M1 zoning districts when a new en- terprise commercial use is established or an existing enterprise commercial use is ex- panded by more than 20% of its existing gross floor area over the gross floor area that ex- isted on [insert effective date]. Enterprise commercial uses standards do not apply to ver- tical mixed-use buildings (with residential dwelling units above ground floor nonresiden- tial floor space) or to residential buildings. B. Enterprise commercial uses must be located on lotparcels that abut an arterial street, or if the lotparcel does not abut an arterial street, the applicant must supply a traffic impact analysis to verify that the capacity of the infrastructure meets the demand of the proposed site development, including warrants for traffic signals as approved by the city engineer. C. All business, servicing, manufacturing or processing of materials, goods or products must be conducted within completely enclosed buildings. Outdoor storage of materials is per- mitted only if visually screened by walls, fences, or landscape plantings so that such mate- rials are not visible from a public right-of-way or R zoning districts. Street vending is permitted only in accordance with the city’s Street Vendor's Ordinance (No. 2813) D. Outdoor display areas and outdoor sales areas are allowed on the site of an enterprise commercial use, provided that any products sold, displayed or stored outdoors may not impede vehicle, bicycle or pedestrian access, as determined by the city engineer and zon- ing officer. E. At least one of the following alternatives must be incorporated into the site to reduce the visual impact of the parking lot: 1. locate at least 50% of the parking to the side or rear of the building; 2. provide a 3-foot tall hedge, decorative wall or fence within parking lot perimeter buffer; ---PAGE BREAK--- Chapter 20.40Chapter 20.50 Use- and Building-Specific StandardsNatural Resource Protection 20.40.05020.50.040 Enterprise Commercial UsesAgricultural Land Preservation M I S S O U L A Z O N I N G O R D I N A N C E Public Hearing Draft (05-29-2009) – Page 20.40-3 3. provide a 2.5- to 3-foot tall berm within parking lot perimeter buffer, with side slopes not exceeding 25% for turf areas or 50% for vegetative ground coverground- cover areas; 4. locate the parking lot at least 2.5 feet lower in elevation than the adjacent right-of- way with the embankment planted with vegetative ground covergroundcover, low shrubs, and shade or ornamental trees; or 5. provide a centrally located, useable outdoor space that is hard-surfaced (concrete or pavers, not asphalt) and incorporates landscaping. Such outdoor areas must be of a size equal to at least 5% of the site’s total gross floor area, include seating, and in- corporate visual points of interest, such as public art, fountains, landscape plazas, public gathering space, etc. Outdoor plazas may be counted toward the site’s overall general landscaping requirement. F. An internal pedestrian circulation plan must be provided that demonstrates clear separa- tion of vehicular and pedestrian traffic that is safe and convenient and that fully intercon- nects pedestrian walkways within the site and to perimeter sidewalks. A minimum 6-foot wide area must be maintained free and clear of obstacles on all pedestrian walkways. G. Sidewalks, no less than 8 feet in width, must be provided along the full length of the building along any facade featuring a customer entrances, and along any facade abutting public parking stalls. In other locations, buildings must be separated from drives and parking areas by a distance of at least 6 feet, except where buildings are adjacent to service drives that do not access any public parking or use area. This 6-foot setback area must be maintained as a walkway and/or landscaped area. H. All crosswalks must be striped or colored and include partial or full texturing to provide a clear visual differentiation between pedestrian walkways and vehicle driving surfaces. The cross color, grade and surface must be continued across any intersection with roads, driv- ing corridors, parking areas, loading areas and driveways. I. The developer must petition the property into the Missoula Urban Transportation Dis- trict, and a bus turnout area, bus shelter, and bus stop signs may be required on or adja- cent to the site. J. Alternatives must be incorporated into the building to reduce its apparent bulk and its visual impact. This requirement applies to all new construction and when the floor area of an existing building is expanded by 50% or more. Building walls that contain public building entrances must contain at least 4 of the following alternative features. Other building walls that face public rights of way must incorporate at least 3 of the following al- ternative features: 1. color variation in the building facade, including building trim and accent areas; 2. exterior building materials that are varied in texture and color (dominant exterior building materials may not include smooth faced concrete block, tilt up concrete panels, or prefabricated steel panels); 3. building facade modulation, such as projections, recesses, off-set planes, overhangs, arcades, and/or clearly defined, highly visible pedestrian entrances encompassing at least 75% of the ground-floor building façade (no uninterrupted ([un-modulated)] length of facade may exceed 100 feet in length); 4. building foundation landscaping, including trees, adjacent to the building along a minimum of 75% of the building’s street-facing façade; 5. windows, doors and other transparent features that encompass at least 20% of the building’s ground floor façade; and/or ---PAGE BREAK--- Chapter 20.40Chapter 20.50 Use- and Building-Specific StandardsNatural Resource Protection 20.40.06020.50.040 Gasoline and Fuel SalesAgricultural Land Preservation M I S S O U L A Z O N I N G O R D I N A N C E Public Hearing Draft (05-29-2009) – Page 20.40-4 6. varied roof lines and multiple roof planes, with at least 3 or more roof slope planes. K. The planning board is expressly authorized to impose conditions on the conditional use approval that:Prior to issuance of a zoning compliance permit, the property owner must enter into a development agreement with the city. The agreement must include: 1. provisions prevent the property owner from prohibiting or otherwise limiting, through contract or other legal device, the reuse of the building for retail or other uses allowed in the subject zoning district; 2. provisions requiring help ensure long-term maintenance of the property if the building is vacated; 3. provisions requireing the preparation of an adaptive reuse plan or a demolition plan one the enterprise commercial use is discontinued or abandonedacceptable to the city; and 4. other provisions address other deemed necessary by the governing bodycity to ad- dress the particular issues or circumstances related to the project. 20.40.060 Gasoline and Fuel Sales Gasoline and fuel sales uses, other than truck stops and travel plazas (see 20.40.140), are subject to the fol- lowing standards: A. Gasoline and fuel sales uses must be located on lotparcels with frontage on an arterial street. B. Gas pumps must be set back at least 50 feet from property lines abutting R zoning dis- tricts or lotparcels occupied by residential dwelling units. Gas pumps must be set back at least 15 30 feet from any other property line. C. No restroom entrance doors may be located on the exterior of the building. D. Pump island canopies may not exceed 22 feet in height. Commentary: See Chapter 8.64 of the municipal code for lighting standards, including specific standards for canopy lighting. 20.40.070 Group Living A. Applicability All group living uses (See “group living” use category description in 20.105.020B) except for personal carehealth care facilities and community residential facilities with 8 or fewer residents are subject to the standards of this section B. Density 1. The density of residents in a group living use is limited to generally approximate and reinforce the density limits that apply in residential zoning districts. Such limits also help address public facility and service demands and prevent overcrowding. 2. For the purpose of these regulations, “residents” include all people living at the site, including children, except that people who provide support services, building main- tenance, care, and supervision, are not considered residents. 3. A community residential facility with 8 or fewer residents may be established on any lotparcel on which a household living use a detached house) is allowed regard- less of the size of the lotparcel. Other group living uses are limited to the following number of residents: ---PAGE BREAK--- Chapter 20.40Chapter 20.50 Use- and Building-Specific StandardsNatural Resource Protection 20.110.01020.50.040 Lot Line HouseAgricultural Land Preservation M I S S O U L A Z O N I N G O R D I N A N C E Public Hearing Draft (05-29-2009) – Page 20.40-5 Zoning District Maximum Number of Residents (per 1,000 sq. ft. of lotparcel area) R215 0.04 R80 0.10 R40 0.20 R20 0.40 RT10 0.80 R8 1.00 R5.4 1,50 RT5.4 1.50 R3 2.70 RT2.7 2.70 RM2.7 2.70 RM1.5 2.70 RM1 2.70 RM0.5 2.70 RMH 2.70 All other 2.70 Note: Building code, health regulations and other requirements may further limit resident density C. On-site Service and Facilities In R districts, on-site services and facilities may be provided only to residents of the group living use. 20.40.080Lot Line House A.Lot line houses must comply with the lot and building standards of the subject zoning dis- trict, except as expressly modified by the lot line house standards of this section. B.A lot line house development must consist of at least 3 lots contiguous lot with frontage on the same street. C.Lot line house developments require that the planning for all house locations be done at the same time. Because the exact location of each house is predetermined, greater flexibility in site planning is possible, while ensuring that neighborhood character is maintained. D.The side setback on one side of the lot containing a lot line house may be reduced to as little as zero. The zero- or reduced setback side of a lot line house may not abut a street and may not abut a lot that is not part of the lot line house development. On the “non-zero” side, a setback must be provided equal to at least 2 times the minimum side setback re- quirement of the subject zoning district, as specified in 20.05.050 (Table 20.05-3). Revised illustration to be inserted (above) E.Driveways may not be located in the required side setback. F.Eaves on the side of a house with a reduced setback may not project over the abutting lot line. G.When the lot line house’s exterior wall or eaves are set back less than 2 feet from the abutting side lot line, a perpetual maintenance easement at least 5 feet in width must be provided on the lot abutting the zero lot line property line, which, with the exception of walls and/or fences, must be kept clear of structures. The easement must be shown on the plat and incorporated into each deed transferring title to the property. This provision is in- tended to ensure the ability to conduct maintenance on the lot line house. ---PAGE BREAK--- Chapter 20.40Chapter 20.50 Use- and Building-Specific StandardsNatural Resource Protection 20.40.08020.50.040 Multi-dwelling BuildingAgricultural Land Preservation M I S S O U L A Z O N I N G O R D I N A N C E Public Hearing Draft (05-29-2009) – Page 20.40-6 H.Windows, doors or other openings that allow for visibility into the side yard of the lot abut- ting the reduced or zero setback side of the lot line house are prohibited. Windows that do not allow visibility into the side yard of the lot abutting the zero or reduced setback side, such as clerestory windows or translucent windows, are allowed, subject to compli- ance with the building code. 20.40.080 Multi-dwelling Building A. Applicability 1. Multi-dwelling buildings are subject to all applicable regulations of this zoning ordi- nance except as modified or supplemented by the multi-dwelling buildings stan- dards of this section. 2. The standards of this section apply to multi-dwelling buildings, including apart- ments, condominiums and retirement homes. They also apply when a single parcel holds either multiple two-unit houses or a combination of multi-dwelling buildings and two-unit buildings. 3. The standards of this section apply to zoned and unzoned land for new construction and for expansions of existing buildings that result in an increase in the number of dwelling units. 4. The multi-dwelling buildings standards of this section do not apply in the CBD dis- trict or to vertical mixed-use buildings. B. Building Height For lotparcels abutting R districts that have a maximum allowed building height of 35 feet or less, the maximum building height at the point of the required minimum setback is 35 feet. In zoning districts that allow maximum building heights above 35 feet, the height of a multi-dwelling building may be increased above 35 feet by up to one foot (vertical) for each 6 inches of building setback or upper floor step-back up to the maximum height limit of the underlying zoning district. C. Pedestrian Access Multi-dwelling developments must provide a system of walkways connecting each multi- dwelling building to the following: adjacent public sidewalks, on-site parking lots or park- ---PAGE BREAK--- Chapter 20.40Chapter 20.50 Use- and Building-Specific StandardsNatural Resource Protection 20.40.08020.50.040 Multi-dwelling BuildingAgricultural Land Preservation M I S S O U L A Z O N I N G O R D I N A N C E Public Hearing Draft (05-29-2009) – Page 20.40-7 ing structures, other on-site multi-dwelling buildings, garages, disposal and recycling con- tainers, mail boxes, recreation areas and bicycle storage areas. Commentary: Required walkways must be designed and constructed in accordance with city engineering division standards (Ti- tle 12). D. Parking and Access 1. Outdoor (surface) parking areas may not be located between the principal building and the street or within any required side setback. 2. Access to parking spaces must be from the alley for all lotparcels abutting an alley. Commentary: The city engineer must review and approve the site plan for traffic circulation, including arrangement of parking spaces, driveway approaches and drive aisles; traffic control devices within the off-street parking area; and drainage. E. Building Design 1. Entry Treatment a. Each multi-dwelling building must have a ground-floor building entrance that is clearly defined and highly visible on the front building façade or other build- ing façade that faces a public street or a right-of-way other than an alley. Patio- style doors, such as sliding glass doors, may not be used for entrance doors on building facades that face a public street. b. The entrance must be in the form of a porch, deck, or covered entry that is at least 8 feet in width and 6 feet in depth. A door that leads directly into a garage does not qualify as a primary entrance. c. Required ground-floor building entrances may face an alley if topographic constraints prevent reasonable access to an adjacent public street or right-of- way. 2. Glazing Each multi-dwelling building must provide windows or glazed area equal to at least 15% of the building façade that faces a public street or a right-of-way other than an alley. Glazing in (vehicle) garage doors may not be counted towards meeting glazing requirements. 3. Storage Each dwelling unit must be provided with an enclosed storage area that is not lo- cated within an individual dwelling unit. The storage space must be a minimum of 7 ---PAGE BREAK--- Chapter 20.40Chapter 20.50 Use- and Building-Specific StandardsNatural Resource Protection 20.40.08020.50.040 Multi-dwelling BuildingAgricultural Land Preservation M I S S O U L A Z O N I N G O R D I N A N C E Public Hearing Draft (05-29-2009) – Page 20.40-8 feet in height and 25 square feet in floor area, with no minimum interior dimension of less than 4 feet. Access doors for storage areas may not directly face a public street. 4. Other Design Features In addition to the requirements of 20.40.080E.1, 20.40.080E.2 and 20.40.080E.3, buildings must incorporate at least 3 of the following 6 features, which apply to the building as a whole unless otherwise expressly stated: a. Modulate building wall planes on the front façade that directly faces a public street other than an alley. Required modulation may be achieved by recessing or projecting portions of a building façade through the use of projections, re- cesses, and offset planes with a minimum depth of 2 feet. b. Provide balconies or bay windows on the front building façade that faces a public street or right-ofr-way, other than an alley. Qualifying bay windows must be at least 2 feet in depth, no more than 8 feet in width and must contain at least 60% glazing. Qualifying balconies must be at least 6 feet in depth and between 6 and 8 feet in width. c. Provide varied rooflines with a pitch that is no flatter than 4/12 pitch. Incorpo- rate at least 2 of the following: a primary roof with a minimum 4/12 pitch gable end facing the public street or (non-alley) right-of-way; a porch roof with a minimum 4/12 pitch facing the public street or (non- alley) right-of-way; and/or provide roof dormers facing the adjacent public street or (non-alley) right-of-way modulated to break up the roof plane for every 500 square feet of roof plane area. The roof dormers must have a minimum 4/12 pitch and must be located at least 3 feet from all the side building walls. d. Provide visual diversity on all building façades by varying materials, texture, or color. Variations in building trim or color variation alone will not comply with this alternative. e. Incorporate landscaping adjacent to the building that includes at least one tree and 5 shrubs per each 25 linear feet of building façade that faces a public street or (non-alley) right-of-way. Trees and shrubs must comply with the landscape material standards of 20.65.080. f. Provide windows or glazed area equal to at 15% of the combined total of all the building’s façades. The glazing does not have to be distributed evenly among building walls. Glazing in (vehicle) garage doors may not be counted towards meeting glazing requirements. The glazing required in 20.40.080E.2 may be counted toward meeting this standard. F. Landscaping Multi-dwelling buildings are subject to landscaping regulations in Chapter 20.65, includ- ing the special multi-dwelling and multi-dwelling house landscaping regulations of 20.65.020D. G. Location in Missoula Urban Transportation District Multi-dwelling developments must be located within the Missoula Urban Transportation District, or the developer must petition for annexation into the Missoula Urban Trans- portation District. ---PAGE BREAK--- Chapter 20.40Chapter 20.50 Use- and Building-Specific StandardsNatural Resource Protection 20.40.09020.50.040 Multi-dwelling HouseAgricultural Land Preservation M I S S O U L A Z O N I N G O R D I N A N C E Public Hearing Draft (05-29-2009) – Page 20.40-9 H. Exceptions; Alternative Compliance 1. The zoning officer, in consultation with the historic preservation officer, is author- ized to approve exceptions to the multi-dwelling building standards of this section when strict application of the multi-dwelling building standards would result in buildings that are incompatible with adjacent structures that are recognized as con- tributing structures in an historic overlay or national register historic district. 2. The design review board is authorized to approve exceptions to the building design standards of 20.40.080E in accordance with the design review procedures of 20.85.070. 20.40.090 Multi-dwelling House Multi-dwelling houses are subject to the standards of 20.05.050 (Table 20.05-3), except as expressly modi- fied or supplemented by the following standards. A. The street-facing façade of a multi-dwelling house may have only one visible building en- trance. If the building is located on a corner lotparcel, one building entrance may be visi- ble from each street. Patio-style doors, such as sliding glass doors, may not be used for en- trance doors on building facades that face a public street. B. The front facade of new multi-dwelling houses established after [insert effective date] may not exceed 60 feet in width. C. Outdoor (surface) parking areas may not be located between the principal building and the street or within any required side setback area. D. Multi-dwelling houses are subject to landscaping regulations in Chapter 20.65, including the special multi-dwelling and multi-dwelling house landscaping regulations of 20.65.020D. 20.40.100 Residential Storage Warehouse Residential storage warehouses are subject to the following standards in all zoning districts: A. Access doors to storage lockers or cubicles may not open directly onto a public street or alley. B. A residential storage warehouse must front on and have direct vehicle access to a collector or higher classification street. C. All driveways, interior aisles, and walkways must be paved. ---PAGE BREAK--- Chapter 20.40Chapter 20.50 Use- and Building-Specific StandardsNatural Resource Protection 20.40.11020.50.040 Residential Support ServicesAgricultural Land Preservation M I S S O U L A Z O N I N G O R D I N A N C E Public Hearing Draft (05-29-2009) – Page 20.40-10 D. No cubicle may be used to store explosives, toxic substances, hazardous materials, or ra- dioactive materials. E. Only storage uses are allowed. No portion of the site may be used for retail sales, service, manufacturing or any similar use. 20.40.110 Residential Support Services A. Where Allowed Residential support services are allowed in RM1.5, RM1 and RM0.5 zoning districts in conjunction with nursing homes, assisted livinghealth care facilities, and multi-dwelling buildings containing 40 or more dwelling units. B. Standards 1. Residential support services must be located in the same building as the principal residential use, and occupy, in aggregate, no more than 3,000 square feet or 10% of the floor area of the principal residential use, whichever is less. 2. Residential support services uses are limited to a maximum of one wall sign per business or one ground sign per building. Wall signs may not exceed 8 square feet in area. Ground signs may not exceed 24 square feet in area or 6 feet in height. 20.40.120 Temporary Uses A. Description and Purpose 1. A temporary use is the use of property conducted from an area or structure parking lots, lawns, trucks, tents, or other temporary structures) that does not re- quire a building permit and that may or may not comply with the use or lotparcel and building standards of the zoning district in which the temporary use is located. 2. The temporary use regulations of this section are intended to permit such occa- sional, temporary uses and activities when consistent with the overall purposes of this zoning ordinance and when the operation of the temporary use will not be det- rimental to the public health, safety or general welfare. B. Authority to Approve 1. Except as expressly stated in 20.40.120C, all temporary uses are subject to all city permits and requirements. 2. The zoning officer is authorized to approve temporary uses that comply with the provisions of this section and to impose conditions on the operation of temporary uses that will help to ensure that they do not create unreasonable adverse impacts on surrounding uses and that they operate safely, consistent with the general purposes of this zoning ordinance. 3. The zoning officer is also authorized to require that individual temporary use re- quests be processed as conditional uses in accordance with 20.85.070. C. Exemptions The following are permitted as temporary uses without complying with the permit re- quirements of this section: 1. garage sales conducted in R districts or on lotparcels occupied by residential dwell- ing units for no more than 12 days total in any calendar year; and ---PAGE BREAK--- Chapter 20.40Chapter 20.50 Use- and Building-Specific StandardsNatural Resource Protection 20.40.12020.50.040 Temporary UsesAgricultural Land Preservation M I S S O U L A Z O N I N G O R D I N A N C E Public Hearing Draft (05-29-2009) – Page 20.40-11 2. temporary uses of no more than 3 days duration conducted on city parkland or pub- lic property, provided such uses have been approved by the city council or other duly authorized city official. D. Authorized Uses The following may be approved as temporary uses when the zoning officer determines that the operation of such use will be generally compatible with surrounding uses and will not be detrimental to public safety: 1. Christmas tree and similar holiday sales lots; 2. outdoor carnivals; 3. outdoor concerts, festivals and similar events; 4. construction yards and offices; 5. temporary sales offices; 6. temporary portable storage containers, subject to 20.40.120F; 7. auctions; and 8. similar uses and activities. E. Conditions of Approval In approving a temporary use, the zoning officer is authorized to impose conditions on the operation of temporary uses that will help to ensure that they do not create unreason- able adverse impacts on surrounding uses and that they operate safely, consistent with the general purposes of this zoning ordinance. Such conditions may include the following: 1. requirements for vehicle access and parking; 2. restrictions on hours of operation; 3. limitations on signs and outdoor lighting; 4. requirements for financial guarantees for cleanup and/or removal of structures or equipment; and 5. other conditions necessary to carry out the general purposes of this zoning ordi- nance. F. Special Regulations for Temporary Portable Storage Containers Temporary portable storage containers are an allowed temporary, accessory use. The fol- lowing regulations apply to lotparcels containing a dwelling unit. 1. Temporary portable storage containers are permitted for a period not to exceed a to- tal of 30 days within any consecutive 6-month period. However, in cases where a dwelling has been damaged by natural disaster or casualty, the zoning officer is au- thorized to allow a temporary portable storage container for a longer period. 2. Temporary portable storage containers may not exceed 8.5 feet in height or more than 260 square feet in floor area. 3. Temporary portable storage containers may not be located in the public right-of- way. 4. Temporary portable storage containers may not be located in a front or corner side setback unless located on a driveway or other paved surface. ---PAGE BREAK--- Chapter 20.40Chapter 20.50 Use- and Building-Specific StandardsNatural Resource Protection 20.40.13020.50.040 TownhouseAgricultural Land Preservation M I S S O U L A Z O N I N G O R D I N A N C E Public Hearing Draft (05-29-2009) – Page 20.40-12 5. Rail cars, semi-trailers, and similar structures may not be used for temporary or permanent storage on lotparcels containing a dwelling. 6. Signs on temporary portable storage containers must comply with all applicable sign regulations of this zoning ordinance. G. Time Limit Temporary uses may be permitted for a maximum of 10 days. Upon expiration of a tem- porary use permit, another permit for the same premises may not be obtained for at least 30 days. The applicant must submit a written explanation of the length of time needed for the temporary use. H. Procedure Upon receipt of a complete application for a temporary use, the zoning officer must re- view the proposed use for its likely effects onand surrounding properties and its compli- ance with the provisions of this section. The zoning officer may impose conditions of ap- proval that they deem necessary necessary to ensure compliance with this section and consistency with the overall purpose of this zoning ordinance. 20.40.130 Townhouse A. Applicability Townhouses are subject to all applicable regulations of this zoning ordinance except as modified or supplemented by the townhouse building standards of this section. B. Side Setbacks No side setback is required for common or abutting walls. Otherwise, the minimum side setback requirements of the subject zoning district apply. C. Building Separation All detached buildings on a single lotparcel must be separated by a minimum dis- tance of 10 feet. D. Number of Units In zoning districts that allow 3+-unit townhouses, buildings may not contain more than 8 attached townhouse units. E. Parking and Access 1. Access to parking spaces and garages must be from the alley for all lotparcels abut- ting an alley. 2. For lotparcels without alley access, driveways, parking and other vehicular use areas may not be located between the porch (or covered building entrance) and the street. ---PAGE BREAK--- Chapter 20.40Chapter 20.50 Use- and Building-Specific StandardsNatural Resource Protection 20.40.13020.50.040 TownhouseAgricultural Land Preservation M I S S O U L A Z O N I N G O R D I N A N C E Public Hearing Draft (05-29-2009) – Page 20.40-13 3. When parking is provided in a garage or carport that faces a street, the following standards must be met: a. The garage or carport width may not exceed 50% of the street facing façade of each attached dwelling unit or 13 linear feet, whichever is greater (see dia- gram). Scenario 1: single-car garage: 21’ façade x 0.5 = 10’6” 10’6” < 13’ maximum garage width = 13’ Scenario 2: 2-car garage: 40’ façade x 0.5 = 20’ 20’ > 13’ maximum garage width = 20’ b. A townhouse structure may have no more than 2 individual garage doors or carport entrances in succession on a street-facing façade. c. Garages and carports must be set back at least 20 feet from all property lines that abut a street. Garages and carports must be recessed as least 2 feet from street facing façade of the building. d. When garages or carports are paired (abutting), driveways must be combined and centered on the property line between dwelling units providing access to the garages or carports. There must be a minimum of 33 feet distance between single or paired driveways, measured along the front property line, unless oth- erwise approved by the city engineer (see diagram). ---PAGE BREAK--- Chapter 20.40Chapter 20.50 Use- and Building-Specific StandardsNatural Resource Protection 20.40.13020.50.040 TownhouseAgricultural Land Preservation M I S S O U L A Z O N I N G O R D I N A N C E Public Hearing Draft (05-29-2009) – Page 20.40-14 e. The width of all driveway approaches must meet city engineering department standards (municipal code 12.12.180), as reviewed and determined by the city engineer. F. Building Design 1. Entry Treatment a. Each dwelling unit must have a separate ground-floor entrance that is clearly defined and highly visible on the building façade that faces a public street or a right-of-way other than an alley. The front door must be within 8 feet of the building’s front façade. The door may be at any angle to the street as long as the other entrance standards are met (see diagram). b. Each front entrance must include a porch or covered entry. A pedestrian walkway must connect each front entrance to the street. A door that leads di- rectly into a garage does not qualify as a front entrance. 2. Glazing Each townhouse dwelling unit must provide windows or glazed area equal to at least 15% of the building façade that faces a public street or a right-of-way other than an ---PAGE BREAK--- Chapter 20.40Chapter 20.50 Use- and Building-Specific StandardsNatural Resource Protection 20.40.14020.50.040 Truck Stop/Travel PlazaAgricultural Land Preservation M I S S O U L A Z O N I N G O R D I N A N C E Public Hearing Draft (05-29-2009) – Page 20.40-15 alley. Glazing in (vehicle) garage doors may not be counted towards meeting glazing requirements. 3. Building Modulation a. Building facade modulation must be provided on the front façade of all town- house buildings containing 3 or more dwelling units when such buildings di- rectly face a public street (other than an alley), as follows: Exterior walls may not exceed 32 feet in (horizontal) length without modulation; and The modulation depth must be at least 2 feet. b. Modulation may be achieved through such techniques and features as: recessed or projecting wall offsets; porch or canopy structures including columns or piers; balconies; dormers; or other prominent architectural features that serve to provide dimension and break- up large expanses of wall area. G. Landscaping Townhouses are subject to landscaping regulations in Chapter 20.65. H. Exceptions; Alternative Compliance 1. The zoning officer, in consultation with the historic preservation officer, is author- ized to approve exceptions to the townhouse standards of this section when strict application of the townhouse standards would result in buildings that are incom- patible with adjacent structures that are recognized as contributing structures in a national register historic district. 2. The design review board is authorized to approve exceptions to the garage/carport width standards of 20.40.130E.3.a and the building design standards of 20.40.130F in accordance with the design review procedures of 20.85.070. 20.40.140 Truck Stop/Travel Plaza A. Applicability The standards of this section apply to all truck stops and travel plazas. B. Minimum LotParcel Area The minimum lotparcel area for establishment of a new truck stop or travel plaza is 10 acres. C. Location The lotparcel on which the truck stop/travel plaza is located must have frontage on an ar- terial street and be within 2,000 feet of the centerline of the nearest interstate highway exit/entry ramp. ---PAGE BREAK--- Chapter 20.40Chapter 20.50 Use- and Building-Specific StandardsNatural Resource Protection 20.40.15020.50.040 Wireless Communication FacilitiesAgricultural Land Preservation M I S S O U L A Z O N I N G O R D I N A N C E Public Hearing Draft (05-29-2009) – Page 20.40-16 D. Pump Island Canopies Pump island canopies may not exceed 22 feet in height. E. Indoor Operation All vehicle service and/or repair activities must be conducted within a completely en- closed building. Parts, equipment, lubricants, fuels, tires or other materials used or dis- carded in any service or repair operations must be screened from abutting streets and property. F. Noise If the lotparcel on which the truck stop/travel plaza is located is within 1,320 feet of an R zoning district, the applicant must provide a noise impact study prepared by a qualified acoustical consultant and must propose necessary mitigation measures to ensure that noise levels at the boundary of the nearest R zoning districts will not exceed 60 dB(A) be- tween the hours of 10 p.m. and 7 a.m. The applicant must also propose idling time re- strictions and means of ensuring compliance with such restrictions. The purpose of such restrictions is to reduce noise and air quality-related impacts. G. Other Uses Other business activities which are customarily accessory and clearly incidental and sub- ordinate to the truck stop/travel plaza may include scales, truck wash, tire repair and sales, barber shop, restaurant, shower facility, convenience store, truckers lounge (for services such as television/exercise/internet access etc.), laundry, chain rental, and gasoline and propane dispensing. Commentary: See Chapter 8.64 of the municipal code for lighting standards, including specific standards for canopy lighting. 20.40.150 Wireless Communication Facilities A. Purpose 1. It is the duty of the city to protect the public health, safety and welfare of all resi- dents. The city has authority to regulate the placement, construction and modifica- tion of personal wireless service facilities in the advancement of that duty. The city recognizes the need to respond to the policies in the Telecommunications Act of 1996 and has constructed these regulations to ensure adequate provision of personal wireless services while respecting the need to protect the natural beauty, community appearance and visual quality of its historic, residential, and commercial neighbor- hoods. Nothing in these regulations is intended to contravene the Telecommunica- tions Act of 1996. 2. The regulations of this section are specifically intended to: a. regulate the location and height of personal wireless services support structures and facilities; b. protect residential areas from potential adverse impact of personal wireless ser- vices support structures and facilities; c. minimize adverse visual impact of personal wireless services support structures and facilities through careful design, siting, landscaping, and innovative design techniques; d. promote and encourage co-location of wireless service facilities on existing support structures as a primary option rather than construction of additional single use personal wireless service facility support structures; ---PAGE BREAK--- Chapter 20.40Chapter 20.50 Use- and Building-Specific StandardsNatural Resource Protection 20.40.15020.50.040 Wireless Communication FacilitiesAgricultural Land Preservation M I S S O U L A Z O N I N G O R D I N A N C E Public Hearing Draft (05-29-2009) – Page 20.40-17 e. promote and encourage utilization of technological designs that will either eliminate or reduce the need for erection of new ground-mounted support structures; f. avoid potential physical damage to property caused by personal wireless ser- vices support structures and facilities by ensuring such structures are soundly and carefully designed, constructed, modified, maintained, and removed when no longer used or are determined to be structurally unsound; g. ensure that personal wireless services structures and facilities are compatible with surrounding land uses; h. support the ability of personal wireless service providers to deliver services in the city in a manner consistent with adopted goals and objectives for commu- nity development; and i. ensure adequate and effective personal wireless services to the citizens of Mis- soula and its environs. B. Applicability 1. The wireless communication facility regulations of this section apply to all personal wireless service facilities, except that those associated solely with the following are exempt: a. public safety services police and fire); b. amateur radio stations; c. land mobile radio; d. radio and television. 2. The public lands and agencies exemption from compliance with zoning in state law does not apply to private entities utilizing publicly owned lands. C. Prohibited Locations and Support Structure Types The following locations and support structures are not permitted: 1. personal wireless service facilities in the public right-of-way or on unzoned land; and 2. lattice and guyed tower support structures for personal wireless services. D. Permitted Locations 1. Existing Support Structures Support structures for personal wireless services in existence on [INSERT DATE of adoption of wireless regulations] that do not comply with the regulations of this sec- tion are deemed nonconforming structures. 2. Co-Location on Existing Support Structures New personal wireless service facilities co-located on support structures in existence on [INSERT DATE of adoption of wireless regulations] are permitted in all zoning districts, subject to compliance with other applicable standards of this section. ---PAGE BREAK--- Chapter 20.40Chapter 20.50 Use- and Building-Specific StandardsNatural Resource Protection 20.40.15020.50.040 Wireless Communication FacilitiesAgricultural Land Preservation M I S S O U L A Z O N I N G O R D I N A N C E Public Hearing Draft (05-29-2009) – Page 20.40-18 3. New Roof-Mounted or Structure-Mounted Support Structures New personal wireless service facilities located on roof-mounted or structure- mounted support structures are permitted in all zoning districts, subject to compli- ance with other applicable standards of this section. 4. New Ground-Mounted Support Structures New ground-mounted support structures for personal wireless service facilities are permitted in OP3, B1, B2, C1, C2, CBD, M1R, M1 and M2 zoning districts, subject to compliance with other applicable standards of the section. E. Historic District Overlay Zones In addition to compliance with applicable standards contained in this section, proposed development located in or within 300 feet of a historic district or /NC overlay district ap- plied to historic areas or landmarkshistoric overlay district must be reviewed by the his- toric preservation officer for consistency with applicable overlay district regulations. Cer- tificates of appropriateness are required for the construction or erection of all personal wireless service support structures and facilities proposed in or within 300 feet of historic districts and /NC overlay districts applied to historic areas or landmarkshistoric overlay districts. F. Development Standards 1. Schedule The following standards apply to wireless communication facility supports: Support Type Permitted Location Support Structure Height Antenna Height Setback Buffering & Screening Visual Im- pact Miti- gation Existing support structures (20.40.150D.1) Existing location Existing height Existing height Existing setback N/A N/A Roof-mounted support structure All zoning districts Not to exceed the height of the tallest element of the building to which it is attached Not to exceed the building’s tallest element; or 10 ft. above the building’s tallest element if total antenna sur- face area does not exceed 10 sq. ft. N/A Not required Required Structure- mounted support structure All zoning districts Support structure + antenna may not exceed 8 feet, not including host structure height Included in height of support structure N/A Not required Required Ground- mounted support structure B1, B2, C1, C2, CBD, M1R, OP3 Support structure + antenna together may not exceed 30 feet or height of existing utility and telephone poles within 300 feet of the proposed site Included in height of support structure From property line: 100% of structure height for support; 20 ft. for equipment enclosure Required Required ---PAGE BREAK--- Chapter 20.40Chapter 20.50 Use- and Building-Specific StandardsNatural Resource Protection 20.40.15020.50.040 Wireless Communication FacilitiesAgricultural Land Preservation M I S S O U L A Z O N I N G O R D I N A N C E Public Hearing Draft (05-29-2009) – Page 20.40-19 Support Type Permitted Location Support Structure Height Antenna Height Setback Buffering & Screening Visual Im- pact Miti- gation M1, M2 Support structure + antenna may not exceed the zoning district height limit Included in height of support structure From property line: 50% of structure height for support; 10 ft. for equipment enclosure Required Required 2. Buffering and Screening Where required, buffers and screening must be provided in accordance with 20.65.060 and 20.65.070. 3. Visual Impact Mitigation a. Roof-mounted Facilities Facilities mounted on the roof of buildings must be visually incorporated into the building or background by the use of architectural elements, color, screen- ing or other methods. Antennas not exceeding 10 square feet in total surface area atop a single support structure are not required to meet this requirement. b. Structure-mounted Support Structure Wireless communication structures mounted on other structures not constructed for the primary purpose of supporting wireless communica- tion services must be either fully concealed within the host structure or camouflaged to appear to be an integral part of the host structure. The surface area of the antenna may not exceed 10 square feet in total an- tenna surface area. The antenna must be either fully concealed within the support structure or camouflaged to appear to be an integrated part of the structure. An antenna that is not flush mounted on the side of the structure must be set back from all sides of the structure to which it is at- tached and camouflaged or disguised. c. Ground-mounted Equipment Enclosures Above-ground equipment enclosures that are used in or adjacent to residential zones must be designed with exterior façade materials of masonry, stucco, or beveled siding and have rooflines of a minimum 4/12 pitch with roofing mate- rials generally used in residential construction. d. Lighting Support structures may not be artificially illuminated except as required by FAA regulations. All other outdoor lighting must meet the following standards: Lighting used to illuminate driving and parking areas must be arranged, designed or shielded so that all light is confined to the subject property. Exterior building lighting must be arranged, designed, or shielded so that direct light falls upon the surface of the structure to be illuminated and within the subject property boundary. Lighting must be arranged so as to deflect lighting down and away from any residential district and may not detract from driver visibility on streets. Lighting may not cause glare on any property used or zoned for residential purposes. ---PAGE BREAK--- Chapter 20.40Chapter 20.50 Use- and Building-Specific StandardsNatural Resource Protection 20.40.15020.50.040 Wireless Communication FacilitiesAgricultural Land Preservation M I S S O U L A Z O N I N G O R D I N A N C E Public Hearing Draft (05-29-2009) – Page 20.40-20 All lighting, except for security purposes, must be turned off between 11:00 p.m. and 6:00 a.m. e. Signage Identification and contact information is permitted on one wall- or fence- mounted sign not exceeding 4 square feet in area per provider per site. Other signage may not be located on wireless facilities, unless required by the FCC or FAA. f. Safety The structural design for all support structures greater than 10 feet in height must be certified by a professional structural engineer licensed to practice in the State of Montana. A building permit, if required by the building depart- ment, must be obtained prior to the installation of a wireless communication facility. G. Modification and Removal 1. Modification of Nonconforming Ground-mounted Support Struc- tures Nonconforming ground-mounted support structures may be modified or demol- ished and rebuilt, provided that all of the following conditions are met: a. the ground mounted support structure is being modified or demolished and rebuilt for the sole purpose of accommodating additional antenna comparable or less in weight, size, and surface area to the existing antenna existing prior to the demolition or modification; b. the support structure is no increased in height; and c. any additional equipment enclosures that may be required meet applicable set- back and visual impact mitigation standards. 2. Removal of Personal Wireless Service Facilities a. Providers must notify the city in writing when a personal wireless service facil- ity is no longer being utilized. Any facilities that are not utilized for the provi- sion of personal wireless services for a continuous period of 6 months or more will be considered abandoned. All abandoned facilities must be removed within 6 months of the cessation of operations. If a facility is not removed within 6 months, the city is authorized to remove the facility at the facility owner’s or land owner’s expense. b. Where multiple users share a support structure, the non-operational antenna and equipment enclosure must be removed. Any necessary shared facilities may be retained until all users have terminated the utilization of the support structure. H. Zoning Compliance Submittal Requirements 1. A zoning compliance permit must be obtained in accordance with 20.85.120 before construction or erection of any personal wireless service facilities. 2. In addition to any other information required for a zoning compliance permit, a permit application for a wireless communication facility must also include: a. An application containing ownership, applicant’s representative or contact, ---PAGE BREAK--- Chapter 20.40Chapter 20.50 Use- and Building-Specific StandardsNatural Resource Protection 20.40.15020.50.040 Wireless Communication FacilitiesAgricultural Land Preservation M I S S O U L A Z O N I N G O R D I N A N C E Public Hearing Draft (05-29-2009) – Page 20.40-21 and lease terms. b. A site plan drawn to scale showing the following: North point; Boundaries, easements and ownership as set forth in the legal description; Topography at 2-foot contour intervals; Existing structures and improvements; Location of existing vegetation including trees over 10 inches in diameter (DBH) that might be impacted by the proposal, watercourses, other natural features and areas of slope greater than 25%; Proposed improvements, if any; Utilities; All adjacent streets and rights-of-way; and Elevation drawings and/or photographs of all existing and proposed structures with documentation prepared by a professional structural en- gineer licensed to practice in the State of Montana establishing the struc- tural integrity of the wireless communications support structure; includ- ing documented loading calculations for wind, snow and seismic forces under circumstances of maximum capacity loading, and the equipment enclosures capacity. Loading criteria, as required by the building inspec- tion division, are those set forth in the edition of the applicable building code most recently adopted by the city. c. Documents containing the following written information: A detailed explanation of how the support structure and its personal wireless service facilities will be maintained and how the maintenance and operations of the structure and facilities will be transferred to a third party in the event the applicant ceases to retain ownership. Unless other- wise approved by the city, the responsibility of maintenance and opera- tions transfer to the owner of the underlying property; and An explanation of how the applicant will provide a financial security for the removal of the support structure in the event that it no longer serves telecommunications carriers or service providers. The amount of the fi- nancial guarantee must be 150% of the estimated cost of facility removal and must be acceptable to the city. An agreement stating that the provider will submit an annual report list- ing all their facilities, the locations, and whether they are operational on October 1 st of each year. d. Visual impact demonstrations including mock-ups and/or photomontages and visual impact analyses for the specific location. e. If proposing a new ground-mounted support structure, applicants must pro- vide, in addition to the above submittal requirements, the following: A list of all existing personal wireless service facilities operated by the ap- plicant and the service area of the existing and proposed facilities; Evidence that no existing buildings, structures or other ground-mounted ---PAGE BREAK--- Chapter 20.40Chapter 20.50 Use- and Building-Specific StandardsNatural Resource Protection 20.40.15020.50.040 Wireless Communication FacilitiesAgricultural Land Preservation M I S S O U L A Z O N I N G O R D I N A N C E Public Hearing Draft (05-29-2009) – Page 20.40-22 support structures within the same geographic service area of the pro- posed structure could be used as alternative locations. Evidence must in- clude a map of the area to be served by the facility, its relationship to other sites in the applicant’s network, a list and evaluation of all existing buildings, structures and ground-mounted support structures reviewed by the applicant within the same geographic service area of the proposed site, demonstration that the provider contacted the landowners or own- ers of the alternative sites listed, asked permission to locate on the site, and was denied; Evidence demonstrating a genuine effort to solicit co-location by other users/providers on the proposed ground-mounted support structure; copies of notice sent by certified mail, return receipt requested, to all other providers of personal wireless services in the city advising of the in- tent to construct a new ground-mounted support structure, identifying the location, inviting the joint use and sharing of costs and requesting a written response in 15 business days; and An agreement, subject to review and approval of the city attorney, to en- courage and promote future joint use of support structures within the city and to commit no act or omission that would have the effect of ex- cluding, obstructing or delaying the joint use of any support structure where fair and reasonable compensation is offered for such use. f. Permit fees, as required. I. Third Party Review Adequate review of applications, particularly for new ground-mounted support struc- tures, may require the city to retain consultants or other third party assistance to review an application. In such an event, the applicant must reimburse the city for the reasonable actual costs incurred by the city for retention of consultants or other third parties prior to issuance of a building or zoning compliance permit. The city must provide a written scope and cost proposal to the provider for approval prior to the city entering into an agreement with a third party. J. Exceptions 1. Applicability In the event that standards of this section cannot be met by an applicant, and there exists no feasible alternative to providing adequate service by any provider for a par- ticular geographic area, the applicant may apply for conditional use approval in ac- cordance with 20.85.070. 2. Review and Submittal Requirements Prior to submitting an application for conditional use approval in accordance with 20.85.070, the applicant must request in writing a pre-application conference with the office of planning and grants. The purpose of the pre-application conference is to acquaint the participants with the applicable requirements of this section. A con- ditional use application must include all information required by 20.40.150H and must provide documentation demonstrating evidence of all the following: a. wireless telecommunications services by any provider are not available within a specific geographic area, and cannot be made available unless a new support structure is built or erected in a manner or location contrary to the standards of this section; ---PAGE BREAK--- Chapter 20.40Chapter 20.50 Use- and Building-Specific StandardsNatural Resource Protection 20.40.15020.50.040 Wireless Communication FacilitiesAgricultural Land Preservation M I S S O U L A Z O N I N G O R D I N A N C E Public Hearing Draft (05-29-2009) – Page 20.40-23 b. location on buildings or other structures is not possible because: no existing or proposed structures adequate to support the proposed an- tenna are located within the geographic area required to meet the appli- cant’s engineering and service requirements; or property owners or owners of existing structures for smaller scale instal- lations are unwilling to accommodate the applicant’s needs; or the applicant demonstrates that there are other factual and verifiable lim- iting factors that render rooftops and other sites or monuments unsuit- able for location of structural supports; and c. co-location on existing support structures is not possible because: existing or approved support structures are not of sufficient height to meet the applicant’s engineering and service requirements and a combi- nation of smaller scale facilities will not enable adequate service delivery; or existing or approved support structures do not have sufficient structural strength to support the proposed antenna and related equipment and cannot be reinforced to provide sufficient structural strength; or the proposed antenna would cause electromagnetic interference with an- tenna on existing or approved support structures, or the antenna on ex- isting or approved support structures would cause interference with the proposed antenna; or the applicant demonstrates that there are other factual and verifiable lim- iting factors that render existing or approved structural supports for wireless facilities unsuitable for co-location. ---PAGE BREAK--- ---PAGE BREAK--- M I S S O U L A Z O N I N G O R D I N A N C E Public Hearing Draft (05-29-2009) – Page 20.45-1 Chapter 20.45 Accessory Uses and Structures 20.45.010 General 20.45-1 20.45.020 Parcel and Building Standards in Residential 20.45-1 20.45.030 Parcel and Building Standards in Nonresidential Districts 20.45-2 20.45.040 Accessory Structures for Livestock or 20.45-3 20.45.050 Home Occupations 20.45-3 20.45.060 Satellite Dish 20.45-5 20.45.010 General Regulations A. Accessory Uses Allowed Accessory uses and structures are permitted in connection with lawfully established prin- cipal uses unless otherwise expressly stated. B. Applicable Regulations and Standards Unless otherwise expressly stated, accessory uses and structures are subject to the same regulations and standards as apply to principal uses and structures on the subject lotpar- cel. C. Incidental and Subordinate Nature The zoning officer is authorized to determine when a use, building or structure meets the definition of an accessory use or accessory structure. In order to classify a use or structure as “accessory,” the zoning officer must determine that the use or structure: 1. is subordinate to the principal building or principal use in terms of area and/or function; 2. contributes to the comfort, convenience or necessity of occupants of the principal building or principal use served; and or 3. is customarily found in association with the subject principal use or principal build- ing. D. Time of Construction and Establishment 1. Accessory buildings must be constructed in conjunction with or after the principal building. They may not be built before the principal building. 2. Accessory uses may be established only after the principal use of the property is es- tablished. E. Location Accessory uses and structures must be located on the same lotparcel as the principal use to which they are accessory, except as otherwise expressly stated. 20.45.020 LotParcel and Building Standards in Residential Districts A. General The lotparcel and building standards of the base zoning district apply to accessory struc- tures in residential districts unless otherwise expressly stated. ---PAGE BREAK--- Chapter 20.45Chapter 20.50 Accessory Uses and StructuresNatural Resource Protection 20.45.03020.50.040 LotParcel and Building Standards in Nonresidential DistrictsAgricultural Land Preservation M I S S O U L A Z O N I N G O R D I N A N C E Public Hearing Draft (05-29-2009) – Page 20.45-2 B. Setbacks 1. Accessory buildings and structures are prohibited in front and street side yards they may not be closer to the street than the principal building), except for struc- tures that are customarily found in front or street yards, such as flag poles and mi- nor landscape structures. 2. Minimum side and rear setbacks for accessory buildings and structures are as fol- lows: Zoning District Side Setback Rear Setback R215 50 50[1] OP2 50 50[1] R80, R40, R20, RT10 5 5 R8, RT2.7, RM1, RM0.5, RMH 5 5 R5.4, RT5.4, R3, RM2.7, RM1.5, RM1, RM0.5, RMH 3 3 Stables and other accessory buildings housing farm animals or livestock must be set back at least 100 feet from residential buildings under separate ownership and 100 feet from all water courses. C. Separation Accessory buildings must be separated by a minimum distance of 10 feet from all other accessory and principal buildings. D. Building Coverage The total combined building coverage of all detached accessory buildings may not exceed 50% of the actual rear yard area. E. Building Height Accessory buildings may not exceed 22 feet in height. 20.45.030 LotParcel and Building Standards in Nonresidential Districts A. General The lotparcel and building standards of the base zoning district apply to accessory struc- tures in nonresidential districts unless otherwise expressly stated. B. Setbacks The setback standards of the underlying zoning district apply to accessory structures in nonresidential districts except as follows: 1. Accessory buildings and structures are prohibited in front yards they may not be closer to the street than the principal building), except for structures that are cus- tomarily found in front yards, such as flag poles and minor landscape structures. 2. Accessory buildings and structures on lotparcels abutting R districts must be set back in accordance with the accessory structure setback standards that apply in resi- dential districts (See 20.45.020). C. Separation Accessory buildings must be separated by a minimum distance of 10 feet from all other accessory and principal buildings. ---PAGE BREAK--- Chapter 20.45Chapter 20.50 Accessory Uses and StructuresNatural Resource Protection 20.45.04020.50.040 Accessory Structures for Livestock or FowlAgricultural Land Preservation M I S S O U L A Z O N I N G O R D I N A N C E Public Hearing Draft (05-29-2009) – Page 20.45-3 D. Height Accessory buildings may not exceed 30 feet in height, or the height of the principal build- ing on the same lotparcel, whichever is less. 20.45.040 Accessory Structures for Livestock or Fowl Accessory buildings and grazing areas for livestock or fowl must be set back at least 100 feet from any dwelling of human habitation under separate ownership or on a separate lotparcel, 100 feet from any wa- tercourse and 50 feet from any property line. This provision does not apply to facilities for the keeping of up to 6 female chickens, in accordance with Chapter 6.12 of the municipal code. 20.45.050 Home Occupations A. General Home occupations are considered accessory to principal uses in the household living category. B. Purpose The regulations of this section are primarily intended to ensure that home occupations in R zoning districts will not adversely affect the character and livability of the surrounding residential neighborhood. The regulations are also intended to ensure that the home oc- cupation remains subordinate to the residential use, and that the residential viability of the dwelling is maintained. The regulations recognize that many types of work can be done in a home with little or no effect on the surrounding neighborhood. C. Applicability Home occupations must comply with all of the standards of this section. D. Exemptions 1. Home-Based Day Care Home-based day care facilities are not regulated as home occupations and are ex- empt from the regulations of this section. 2. Bed and Breakfast Bed and breakfast uses are not regulated as home occupations and are exempt from the regulations of this section. E. Standards A dwelling unit may be used for one or more home occupations subject to compliance with all of the following minimum standards: 1. The home occupation must be accessory and secondary to the use of a dwelling unit for residential purposes, and the home occupation must not change the residential character of the residential building or adversely affect the character of the sur- rounding neighborhood. Home occupations may not, for example, produce light, noise, odor, parking demand, traffic or any exterior activity that is inconsistent with the character of a residential area. 2. There may be no external structural alterations or construction that would change the residential character of the property upon which the home occupation is located. Examples of such prohibited alterations include construction of parking lotparcels, paving of required setbacks, and the addition of commercial-like exterior lighting. 3. No separate entrance from the outside of the building may be added to the residen- tial building for the sole use of the home occupation. ---PAGE BREAK--- Chapter 20.45Chapter 20.50 Accessory Uses and StructuresNatural Resource Protection 20.45.05020.50.040 Home OccupationsAgricultural Land Preservation M I S S O U L A Z O N I N G O R D I N A N C E Public Hearing Draft (05-29-2009) – Page 20.45-4 4. The home occupation and all related activities, including storage, must be con- ducted entirely within a completely enclosed building, either the principal residen- tial building or an allowed accessory building detached garage). 5. Residential accessory uses conducted within garages may not take up space that pro- vides space for meeting minimum off-street parking requirements. 6. No window display or other public display of any material or merchandise is al- lowed. 7. The owner of the home occupation must reside in the dwelling unit in which the home occupation is located. In addition, one nonresident person, whether a paid employee or not, may be involved in the home occupation, provided that there is only one nonresident person on the property at any time. This one person limit per property applies regardless of the number of home occupations being conducted on the property. 8. Hazardous substances are prohibited, except that consumer quantities are allowed. Consumer quantities of hazardous substances are packaged and distributed in a form intended or suitable for sale through retail sales outlets for consumption by individuals for purposes of personal carehealth care and household use. 9. No mechanical or electrical equipment may be employed other than machinery or equipment customarily found in a residential dwelling, associated with a hobby or avocation not conducted for gain or profit, or customary for a home office. 10. The home occupation is limited to one non-illuminated, building-mounted name- plate sign, not exceeding one square foot (144 square inches) in area. 11. The use of trucks and other commercial vehicles is not permitted, except for vehicles commonly used as passenger vehicles. This prohibition on truck or commercial ve- hicles does not apply to vehicles that are not stored or parked on the subject prop- erty. 12. Truck deliveries or pick-ups of supplies or products, associated with the home oc- cupation, are allowed at the site of the home occupation only between 8 a.m. and 7 p.m. Vehicles used for delivery and pick-up may not include semi-tractor trailers. 13. The following uses are expressly prohibited as home occupations: a. any type of repair or assembly of vehicles or equipment with internal combus- tion engines (such as autos, scooters, snowmobiles, outboard ma- rine engines, lawn mowers, chain saws, and other small engines) or of large appliances (such as washing machines, dryers, and refrigerators) or any other work related to automobiles and their parts; b. dispatch centers or other businesses where employees come to the site and are dispatched to other locations; c. medical or dental clinics; d. rental businesses; e. tow truck services; f. material or equipment storage businesses; g. restaurants; h. funeral or interment services; ---PAGE BREAK--- Chapter 20.45Chapter 20.50 Accessory Uses and StructuresNatural Resource Protection 20.45.06020.50.040 Satellite Dish AntennasAgricultural Land Preservation M I S S O U L A Z O N I N G O R D I N A N C E Public Hearing Draft (05-29-2009) – Page 20.45-5 i. animal boarding businesses; and j. any business in which more than 2 customers are present at any one time. 20.45.060 Satellite Dish Antennas A. Satellite dish antennas up to one meter (39.4 inches) in diameter are permitted as acces- sory uses in all districts. They are subject to accessory structure setback standards. B. Satellite dish antennas over one meter in diameter, up to 3 meters (118.2 inches) in di- ameter, are permitted as accessory uses in all nonresidential districts, subject to accessory structure setback standards. C. Satellite dish antennas may be erected on the roof or attached to a principal building, provided the maximum height of the installation does not exceed the maximum allowable height of the subject district or more than 15 feet above the top of the building on which it is to be located, whichever is less. D. Satellite dish antennas not expressly allowed under this section must be approved as a conditional use in accordance with the conditional use procedures of 20.85.070. 20.45.070 Small Wind Energy Conversion Systems Wind energy conversion systems are not allowed within the city limits. A.Applicability Unless otherwise expressly stated, the regulations of this section apply to all small wind energy systems, whether ground-mounted or attached to a building or other structure. B.Where Allowed 1.Not allowed within the Missoula city limits.Small wind energy conversion systems are allowed as of right as an accessory use in all zoning districts except as otherwise ex- pressly stated. 2.Only one ground-mounted small wind energy conversion system is allowed per lot, provided that up to 3 ground-mounted small wind energy conversion systems may be allowed on a single lot if approved through the conditional use process. Multiple ground-mounted small wind energy systems may not be approved on R-zoned lots of less than 80,000 square feet in area. C.Location, Setbacks and Height 1.Small wind energy conversion systems may not be located in required building setbacks or within drainage, utility or other established easements. 2.No portion of a system may extend on or over a property line. Blades may not extend over driveways, parking areas, sidewalks or trails. 3.The lowest point of any moving elements, such as blades or vanes, must be at least 20 feet above the ground beneath such feature. 4.All power transmission and telemetry lines from the tower to any building or other structure must be placed underground. 5.Small wind energy conversion systems must comply with the height limits of the sub- ject zoning district, provided that systems may exceed zoning district height limits by up to 33% if the system is setback from all property lines by a distance at least equal to the overall height of the system, measured from existing grade to the high- ---PAGE BREAK--- Chapter 20.45Chapter 20.50 Accessory Uses and StructuresNatural Resource Protection 20.45.07020.50.040 Small Wind Energy Conversion SystemsAgricultural Land Preservation M I S S O U L A Z O N I N G O R D I N A N C E Public Hearing Draft (05-29-2009) – Page 20.45-6 est point of the system structure, which includes the tip of the top blade when the blade is in its highest position. A small wind energy conversion system that exceeds the maximum height allowed in the subject zoning district by more than 33% may be approved through the conditional use procedure of 20.85.070. D.Operational and Performance Standards 1.Operational noise may not exceed 55dBH at the property line except during short-term high wind speed events such as storms. 2.All systems must be equipped with manual and automatic (mechanical or electrical) over-speed controls to limit the blade rotation speed to within the design limits of the system. 3.The rotating turbine may not produce vibrations that are perceptible to humans stand- ing at ground level outside the property lines of the subject site. 4.Towers, rotors and turbines may not be illuminated unless required by a state or federal agency, such as the FAA. E.Design 1.Lattice type towers and towers using guy wires are prohibited. 2.All structures and equipment must maintain factory colors or be finished in a non- reflective, matte finished, neutral color. 3.No commercial messages may be placed or painted on the tower, rotor, turbine, gen- erator or tail vane that is legible from off-site. This provision is not intended to pro- hibit warning signs or manufacturer’s logos. 4.All climbing pegs, ladders and similar apparatus on freestanding towers must be located at least 12 feet above the ground at the base of the structure. F.Building and Electrical Codes Small wind energy conversion systems are subject to Missoula building and electrical codes. G.Required Information The following information must be submitted with a zoning compliance permit (or con- ditional use) application for a wind energy conversion system: ---PAGE BREAK--- Chapter 20.45Chapter 20.50 Accessory Uses and StructuresNatural Resource Protection 20.45.07020.50.040 Small Wind Energy Conversion SystemsAgricultural Land Preservation M I S S O U L A Z O N I N G O R D I N A N C E Public Hearing Draft (05-29-2009) – Page 20.45-7 1.A description of the system, including its maximum power-rated output capacity. 2.The make, model, an illustrative photograph or brochure, manufacturer’s specifications including noise data (decibels) for the proposed wind energy conversion system, the support structure, and method of attachment to the ground and/or structure. 3.Elevation drawing of the wind energy conversion system showing total height, turbine dimensions, tower and turbine colors, distance between ground and lowest point of any blade, and if proposed, the location of climbing apparatus. 4.If the wind energy conversion system is not certified as meeting the IEEE 1547 stan- dards (Institute of Electrical and Electronic Engineers), then an assessment of poten- tial electromagnetic interference with microwave, radio, television, personal com- munication systems and other wireless communication is required (from an electri- cal engineer). H.Abandonment Any wind energy conversion system that is not operated for a continuous period of 12 months or more or that is in an obvious state of disrepair and a threat to public safety will be deemed abandoned and must be dismantled and removed by the property owner. ---PAGE BREAK--- ---PAGE BREAK--- M I S S O U L A Z O N I N G O R D I N A N C E Public Hearing Draft (05-29-2009) – Page 20.50-1 Chapter 20.50 Natural Resource Protection 20.50.010 Hillside 20.50-1 20.50.020 Ridgeline Protection 20.50-5 20.50.030 Riparian Resource Protection 20.50-5 20.50.040 Agricultural Land Preservation 20.50-9 20.50.050 Wildlife Habitat and Biologically Sensitive Land Protection 20.50-9 20.50.060 Wildland Fire Protection 20.50-9 20.50.010 Hillside DevelopmentProtection A. Purpose 1. Missoula’s hillsides are characterized by slope, vegetation, drainage, rock outcrop- pings, geologic hazards, and other physical factors that, if disturbed for the purposes of development, can cause physical damage to public and private property and ad- versely affect the overall appearance and character of the city. 2. The hillside development protection regulations of this section are intended to regu- late building and development on hillsides in a different manner than on flat terrain. The regulations are intended to allow reasonable use of hillside areas, while also helping to: a. protect the public from natural hazards due to seismic activity, landslides, slope and soil instability, erosion and sedimentation, and stormwater runoff; b. preserve and retain wildlife habitat, open space and natural features, such as drainage channels, streams, ridge lines, rock outcroppings, vistas, and native trees and vegetation; c. promote design that is sensitive to existing vistas; d. preserve and enhance visual and environmental quality by use of natural vege- tation and minimal excavation and terracing; e. encourage innovative planning, design, and construction techniques for devel- opment in environmentally sensitive areas; and f. mitigate adverse impacts, including erosion and the degradation of air and wa- ter quality. B. Applicability 1.The hillside protection development standards of this section apply to any building or disturbance area with All lots and parcels a natural, existing or finished with an average slope of 15% or greater (see 20.50.010D.2 for “average slope” determination). C. Hillside Development Site Analysis 1. Before the zoning officer may approve a zoning compliance permit, the applicant must submit a hillside development site analysis that assesses the subject site’s par- cel’s opportunities and constraints for development. The analysis must be prepared by a qualified professional engineer, landscape architect, architect, or engineer) and depict and identify at least the following information: a. a slope analysis, submitted on a topographic map with contour intervals of 2 feet or less indicating the location and amount of land included within the fol- ---PAGE BREAK--- Chapter 20.50Chapter 20.50 Natural Resource ProtectionNatural Resource Protection 20.50.01020.50.040 Hillside DevelopmentProtectionAgricultural Land Preservation M I S S O U L A Z O N I N G O R D I N A N C E Public Hearing Draft (05-29-2009) – Page 20.50-2 lowing slope categories: 150% or less; 150.01–20%; 20.01–2530%; greater than 3025%. b. proposed finish contours (after all proposed grading); c. protected ridgelines, as shown on the City of Missoula Ridgeline Map; d. geological conditions, including rock outcroppings and slide areas; e. soil conditions including soil type, expansiveness, slumping, erodibility and permeability; f. proposed erosion control and slope stabilization techniques; g. surface hydrological conditions including natural drainage courses, streams, floodplains, wetlands and ponding areas; h. location and types of significant vegetation including known rare and endan- gered plant species and general plant communities; i. habitat areas for rare or endangered animal species; j. proposed for the building and disturbance areabuilding envelope and all areas proposed to be graded or modified; k. grading treatments; and l. driveways and other vehicular and pedestrian circulation routes. 2. A hillside development site analysis is not required for any of the following: a. Construction that does not require a grading permit or a building permit. b. The construction and installation (trenching, utility construction and backfill- ing) of underground utility systems. c. Additions to existing structures and/or construction of accessory structures that are less than 500 square feet in area, unless a grading permit or plan for such improvements is required. d. Any project that has received a zoning compliance permit. D. Allowed Density by Average Slope 1. The following maximum density limits (expressed as minimum-lotparcel-area-per- unit requirements) apply to all lots and parcels with an average slope of 15% or greater: Average Slope of Building or Disturbance Area Minimum LotParcel Area per Dwelling Unit Less than 15 As allowed by underlying zoning or unzoned area regulations of 20.70.010 for “un- zoned areas” 15–20 1.43 x zoning district’s minimum lotparcel area per unit requirement 20.01–3025 2.0 x zoning district’s minimum lotparcel area per unit requirement Greater than 3025 4.0 x zoning district’s minimum lot area per unit requirementBuilding is prohibited ---PAGE BREAK--- Chapter 20.50Chapter 20.50 Natural Resource ProtectionNatural Resource Protection 20.50.01020.50.040 Hillside DevelopmentProtectionAgricultural Land Preservation M I S S O U L A Z O N I N G O R D I N A N C E Public Hearing Draft (05-29-2009) – Page 20.50-3 2. The average (percent) slope of a building or disturbance area parcel is deter- mined as follows: a. Identify the area of development building and disturbance area and depict it on a topographic map of existing terrain, before any grading or other site modification has occurred, at a scale of no less than 1 inch equals 100 feet with contour intervals of 2 feet or less. b. A measurement of the length of each contour line contained with the building and disturbance areaparcel’s property boundaries is made. c. The sum of the of all contour lines is multiplied by the contour in- terval in feet. d. The result is multiplied by a factor of 0.0023 (which converts square feet to acres and multiplies the result by 100 so that the end result is a percentage). e. The result is then divided by the area of the parcel building and disturbance area in acres. f. This process is mathematically represented by the following formula: (0.0023) S = A g. A digital slope analysis that ensures the same or higher level of accuracy may also be used. E. Minimum Pad Size and Maximum Buildable Slope LotParcels must have at least a 2,000 square foot contiguous building and disturbance area (pad site) with an average slope of no more than 3025%. Building and disturbance is prohibited s may not be located on portions of the lot with slopes of greater than 3025%. F. Grading 1. No grading may take place on any slope that exceeds 3025% over an area that encompasses an area of one acre or more and has any minimum horizontal di- mension of 50 feet or more. For the purpose of this provision, “grading” means more than 50 cubic yards of cut or fill or cut or fill of more than 2 feet below or above existing natural (predevelopment) grade. 2. No excavation or other earth disturbance is permitted on any hillside area prior to the issuance of a grading permit, with the exception of drill holes and exploratory trenches for the collection of geologic and soil data. Such trenches must be properly backfilled and erosion treatment must be provided where such slopes exceed 20%. G. Retaining Walls Retaining walls can help reduce the steepness of man-made slopes and provide planting pockets conducive to re-vegetation. They are allowed in accordance with the following regulations: 1. Retaining walls may be used to support steep slopes but may not exceed 6 feet in height from finished grade. Retaining walls necessary to accommodate vehicle or pedestrian access to a building may be up to 8 feet in height from finished grade. Re- taining walls are prohibited in public right-of-way except as approved by the city engineer. Commentary: retaining walls exceeding 4 feet in height require a building permit and must be engineered. ---PAGE BREAK--- Chapter 20.50Chapter 20.50 Natural Resource ProtectionNatural Resource Protection 20.50.01020.50.040 Hillside DevelopmentProtectionAgricultural Land Preservation M I S S O U L A Z O N I N G O R D I N A N C E Public Hearing Draft (05-29-2009) – Page 20.50-4 2. Terracing of retaining walls is limited to 2 tiers. The width of the terrace between any 2 4-foot vertical retaining walls must be at least 3 feet. Retaining walls higher than 4 feet must be separated from any other retaining wall by a minimum distance of 5 feet (horizontal distance). Terraces created between retaining walls must be permanently landscaped or revegetated. H. Driveways 1. Driveway standards are administered and enforced by the city engineering division. 2. Driveways must be designed to: a. reduce cut and fill; b. minimize site disturbance; c. provide year-round access; and d. accommodate emergency response equipment. 3. Driveways must substantially follow natural contours and not exceed a maximum grade of A maximum grade of up to 10% may be allowed for a length of up to 50 feet if approved by the fire department and city engineer. I. Exposed Foundations and Visible Deck Supports The vertical distance between the lowest point where the foundation building line meets existing or finished grade (whichever is lower) and the lowest floor line of the structure building may not exceed a 8 feet in height, and no portion of the walking surface of a deck or porch with visible underpinningscolumns, posts, piers or other supports may exceed a height of 8 feet above grade. J. Wall Elements 1. A wall element is any individual wall or continuous element of a building on a single continuous plane. Wall elements adjacent to grade must be measured from the low- est existing grade to the underside of the eave or top of coping of a flat roof. Wall elements not adjacent to grade must be measured from the lowest point at which the wall element intersects any part of the adjacent building element to the underside of the eave or top of coping of a flat roof. A gable end above the eave is excluded from the wall element measurement. 2. Wall elements may not exceed 22 feet in height (vertically). Individual wall elements may be stacked vertically only if the total cumulative vertical dimension of all stacked wall elements does not exceed 22 feet in height or if the wall elements are offset by at least 12 feet in horizontal distance. Wall elements will be considered off- set for the purpose of these hillside protection regulations only if they are sepa- rated by at least 12 feet in horizontal distance and the offset occurs by stepping the building back towards the slope (uphill). ---PAGE BREAK--- Chapter 20.50Chapter 20.50 Natural Resource ProtectionNatural Resource Protection 20.50.02020.50.040 Ridgeline ProtectionAgricultural Land Preservation M I S S O U L A Z O N I N G O R D I N A N C E Public Hearing Draft (05-29-2009) – Page 20.50-5 20.50.020 Ridgeline Protection A. Applicability The ridgeline protection regulations of this section apply to any parcel containing pro- tected ridge areas, as shown on the City of Missoula Ridgeline Map, which is available in the office of planning and grants. B. Purpose The ridgeline protection standards of this section are intended to help ensure that struc- tures blend more naturally into the landscape rather than being a prominent focal point. C. Ridgeline Map RESERVED C.D.Ridgeline Setbacks All buildings located within a ridgeline protection area must be set back from the ridge- line, as identified on the City of Missoula Ridgeline Map, a distance at least 90 feet hori- zontally. This minimum setback distance must be measured perpendicular to the ridge- line. On parcels subject to the ridgeline protection regulations of this section, the highest point of a proposed building must be at least 90 feet below the ridgeline elevation. Build- ing features allowed to exceed maximum height requirements are exempt from this re- quirement. (See 20.110.060B for building height exceptions) 20.50.030 /RR, Riparian Resource ProtectionOverlay A. Purpose 1. Riparian resources provide protection from river channel changes, protection of ri- parian habitat and associated fish and wildlife, protection of water quality and quan- tity, flood reduction, bio-diversity, forage, recreational uses and a visually attractive environment. Educational opportunities in Missoula’s areas of riparian resource may lead to a greater understanding, and thus, greater protection and enhancement of these valuable resources. ---PAGE BREAK--- Chapter 20.50Chapter 20.50 Natural Resource ProtectionNatural Resource Protection 20.50.03020.50.040 /RR, Riparian Resource ProtectionOverlayAgricultural Land Preservation M I S S O U L A Z O N I N G O R D I N A N C E Public Hearing Draft (05-29-2009) – Page 20.50-6 2. The is /RR, riparian resource protection regulations of this section Overlay district is a functional district with standards that would are intended to trigger inquiries when construction is proposed in or through what may be considered an area of ri- parian resource. A functional definition for an area of riparian resource will protect the area of riparian resource, which will vary in width; functional standards are pro- posed. Areas of riparian resource represent a very small percentage of the land area of the City of Missoula. A map generally locating major areas of riparian resource protection is available for public inspection in the office of planning and grants. Not all areas of riparian resource within the City of Missoula are shown on this map. Ar- eas of riparian resource are typed by site-specific soil, habitat and community types. All other unmapped riparian resources that meet the definitions and criteria con- tained in this ordinance are subject to the standards of this section. B. Areas of Riparian Resource, Generally The /RR overlay district riparian resource protection regulations of this section are in- tended to promote resource conservation and to ensure that no development is approved that is unsuitable by reason of flooding, inadequate drainage, soil and rock formations with severe limitations for development, severe erosion potential, unfavorable topogra- phy, damaging to areas of riparian resource or any other feature likely to be harmful to the public health, safety and welfare of the future residents of the city. More specifically, it is the intent of these regulations to ensure that: 1. areas of riparian resource remain available to support diverse and productive aquatic and terrestrial riparian systems and habitats and to protect water quality; 2. stream channels and banks are protected; 3. areas of riparian resource are preserved to act as an effective sediment filter to main- tain water quality; 4. areas of riparian resource are protected to preserve large, woody debris that is even- tually recruited into a stream to maintain riffles, pools and other elements of chan- nel structure and provide shade to regulate stream temperature; 5. areas of riparian resource are preserved to promote floodplain stability; 6. the public interest in the quality and quantity of surface and ground waters is pro- tected; 7. standards for land disturbance in riparian resource areas are site-specific, allowing flexibility for reasonable and economically beneficial use of property, while main- taining the integrity of riparian resource areas; 8. any allowed disturbance within the riparian buffer area protects and maintains the integrity and function of riparian resource areas; and 9. the area of riparian resource is preserved to promote the high quality of life in the city, which depends in part on water quality, a healthy and visually attractive natural environment, and ample recreational opportunities. C. Riparian Resource Management Plan In order to meet the purposes described in 20.50.030B, a riparian resource management plan must be submitted to the zoning officer for approval, approval with conditions, or denial. The plan must include at least the following: 1. A vegetation map showing the following: a. location of vegetation types referred to in 20.50.030H; ---PAGE BREAK--- Chapter 20.50Chapter 20.50 Natural Resource ProtectionNatural Resource Protection 20.50.03020.50.040 /RR, Riparian Resource ProtectionOverlayAgricultural Land Preservation M I S S O U L A Z O N I N G O R D I N A N C E Public Hearing Draft (05-29-2009) – Page 20.50-7 b. buffer areas; and c. drainage. 2. A description of the following: a. the vegetation (types and quantities) listed in 20.50.030H; b. contribution of the type to stream bank stabilization; c. susceptibility of soil in the type to compaction; d. contribution of the vegetation in preventing erosion; and e. contribution of the vegetation to fish and wildlife habitat, including big game species, upland game bird species, non-game bird species, fisheries, and threat- ened or endangered species. 3. A description of how the area of riparian resource will be maintained, restored or enhanced. The description must include at least the following information: a. proposed disturbance of the area of riparian resource, including access to or through the area, if proposed; b. alteration, enhancement and restoration plan including planned restoration of the area with native species; c. planned mitigation of impacts from all proposed disturbance; d. planting plan; and e. streambank stabilization plan. 4. A maintenance and monitoring plan outlining how the area of riparian resource will be cared for after occupancy. The approved management plan must be carried out and enforced. It may not be altered without express approval of the director of the office or planning and grants. D. Development Prohibition 1. Except as provided in 20.50.030F no development is allowed within an area of ripar- ian resource. Development proposed for sites that encompass portions of areas of riparian resource must provide for protection of the resource specific to the area. 2. Proposed development on sites that encompass areas of riparian resource must place development outside the area of riparian resource. No improvements of any kind may be approved that are within the area of riparian resource, except for those im- provements that are outlined in the approved management plan. The area of ripar- ian resource may be counted in calculating allowed density and intensity of devel- opment and in meeting open space requirements in cluster and conservation devel- opment. E. Road Construction in Areas of Riparian Resource Road construction is prohibited in an area of riparian resource. F. Trail Construction in Areas of Riparian Resource Trails can be shared or classified for specific use. Trails may provide opportunities for rec- reational, educational, aesthetic, experiential and transportation purposes. Trails have long-term beneficial impact upon livability, such as improved air quality, less traffic con- gestion and access to open spaces. Trail designs should reflect the character of the sur- ---PAGE BREAK--- Chapter 20.50Chapter 20.50 Natural Resource ProtectionNatural Resource Protection 20.50.03020.50.040 /RR, Riparian Resource ProtectionOverlayAgricultural Land Preservation M I S S O U L A Z O N I N G O R D I N A N C E Public Hearing Draft (05-29-2009) – Page 20.50-8 rounding area. Various methods may be used to provide buffering, including trail loca- tion and physical buffers such as plants, distance, grade separation or other means. If trails are constructed, the following requirements apply: 1. Opportunities for public or private access must be consolidated to protect areas of riparian resource from excessive disturbance. 2. Trails must be limited to the size and extent necessary to maintain linkages and pro- vide for safe, non-motorized transportation, as described in the Missoula Non- Motorized Transportation Plan. 3. Define tThe function of the proposed trail, the level of use, the potential impacts and the management strategy to mitigate any adverse effects on the area of riparian re- source must be defined. 4. To serve safety and security, construction, landscaping, and signage must clearly de- fine the trail and mark the transition from public to private space. 5. A mechanism must be provided assuring continued maintenance of the trail, includ- ing keeping the trail weed-free. 6. Removal or disturbance of riparian resources must be minimized. To the greatest extent possible, existing landforms must be preserved, including following natural contours and minimizing grading. 7. No motorized vehicle is allowed within the area of riparian resource, except as nec- essary for maintenance, agricultural management, or safety. G. Variances 1. The board of adjustment may grant variances from the requirements of this section if it determines that strict compliance will result in unnecessary hardship and when compliance with the regulations is not essential to the public welfare. The board of adjustment must also consider the statements of purpose in 20.50.030B in determin- ing whether the criteria to grant a variance have been met. 2. Variances to permit road construction may be approved only if the board of adjust- ment finds that all of the variance approval criteria of 20.85.090G been met; the proposed road is for the purpose of crossing a stream, gaining limited access to a body of water, or maintaining existing roads for flood control, and the proposed road is outlined in the required riparian resource management plan. If roads are al- lowed to be constructed, the following requirements apply: a. The intentional sidecasting of road material into a stream, wetland, or other body of water during road construction or maintenance is prohibited. b. Effective erosion and sedimentation control practices must be conducted dur- ing all clearing, construction or reconstruction operations. c. Road fill material may not be deposited in the area of riparian resource or in such a location or manner such that adverse impacts will result to the area. d. Roads must be located on the fringes of areas of riparian resource, rather than through them. In the event it is necessary to route a road through an area of ri- parian resource, then routes must be chosen based on the avoidance of nega- tive impact to sensitive environmental conditions. e. Roads may not be constructed in areas where soils have a high susceptibility to erosion that would create sedimentation and pollution problems during and after construction. ---PAGE BREAK--- Chapter 20.50Chapter 20.50 Natural Resource ProtectionNatural Resource Protection 20.50.04020.50.040 Agricultural Land PreservationAgricultural Land Preservation M I S S O U L A Z O N I N G O R D I N A N C E Public Hearing Draft (05-29-2009) – Page 20.50-9 f. Roads may not intrude into areas adjacent to open exposures of water, and they must avoid scenic intrusion by using the existing contours for the road alignment and minimizing the use of fill. H. Riparian/Wetland Habitat and Community Types Appendix AAppendix A contains a sample listing of riparian/wetland habitat and commu- nity types. 20.50.040 Agricultural Land Preservation RESERVED 20.50.050 Wildlife Habitat and Biologically Sensitive Land Protection RESERVED 20.50.060 Wildland Fire Protection RESERVED ---PAGE BREAK--- ---PAGE BREAK--- M I S S O U L A Z O N I N G O R D I N A N C E Public Hearing Draft (05-29-2009) – Page 20.55-1 Chapter 20.55 Cluster and Conservation Developments 20.55.010 20.55-1 20.55.020 Parcel and Building 20.55-1 20.55.030 Maximum Density and Net Site Area 20.55-1 20.55.040 Open 20.55-2 20.55.050 Permanent Protection of Open Space 20.55-4 Editor’s Note: The regulations of this chapter will be moved to the subdivision regulations. They are included here to aid in un- derstanding the proposed cluster and conservation development options of 20.05.040B. 20.55.010 Purpose/Description A. The regulations of this section are intended to encourage subdivision development design that is more efficient and provides more open space and greater natural resource protec- tion than conventional development designs. Cluster development and conservation de- velopment designs allow more compact and less costly networks of roads and utilities. They can also help reduce stormwater runoff and non-point source pollutant loading rates and can be used to preserve an area’s semi-rural character. Cluster developments and conservation developments are intended to reduce stormwater runoff and flooding, preserve natural resources, protect water quality and encourage the provision of needed open space and recreational amenities for residents. B. The cluster development and conservation development standards of this chapter require that a specified portion of each development be set aside and permanently preserved as open space. The primary difference between “cluster” developments and “conservation” developments is the amount of open space that must be preserved. C. The required open space area within cluster developments or conservation developments can be set aside to conserve and protect significant natural resources, such as stream buff- ers, steep slopes and woodlands. It can be used preserve prime agricultural lands or to provide passive or active recreational opportunities for the subdivision’s residents and/or the general public. 20.55.020 LotParcel and Building Standards Cluster developments and conservation developments must comply with the lotparcel and building stan- dards of 20.05.050 (Table 20.05-3), which also establish minimum open space requirements. 20.55.030 Maximum Density and Net Site Area A. The maximum number of dwelling units allowed within a cluster development or a con- servation development is computed by dividing the net area of the site by the applicable minimum-lotparcel-area-per unit standard of 20.05.050 (Table 20.05-3). Net site area is to be calculated by subtracting all of the following from the site’s gross land area: 1. special flood hazard areas; 2. jurisdictional (Army Corps of Engineers) wetlands and waterways; 3. land with an average slope of more than 3025%; and 4. water bodies with a contiguous area of more than 5,000 square feet. B. If the cluster development or conservation development parcel site (subdivision) is lo- cated in more than one zoning district, the maximum number of dwelling units allowed must be determined separately for each portion of the site parcel lying within a different ---PAGE BREAK--- Chapter 20.55Chapter 20.50 Cluster and Conservation DevelopmentsNatural Resource Protection 20.55.04020.50.040 Open SpaceAgricultural Land Preservation M I S S O U L A Z O N I N G O R D I N A N C E Public Hearing Draft (05-29-2009) – Page 20.55-2 zoning district. Density may be transferred from one portion of the site parcel to another as long as the transfer does not result in an increase in the number of dwelling units al- lowed on the overall siteparcel. 20.55.040 Open Space A. General Open space provided to meet minimum open space requirements must be in one or more parcels dedicated or otherwise protected as permanent (active or passive) open space. Any city-accepted parkland or open space under the subdivision regulations (parkland dedica- tion requirements) will be counted towards meeting minimum open space standards for cluster developments and conservation developments. B. Location and Design The location, size, character and shape of required open space must be appropriate for its intended use. 1. oOpen space proposed to be used for recreation, particularly active recreation, should be located and designed so that it can be accessed conveniently and safely by intended users, and open space to be used for ball fields, playing fields or other ac- tive recreational facilities should be located on land that is relatively flat and dry). 2. In the case of resource protection, open space must be designed to provide maxi- mum protection for the subject resources, such as continuous blocks of wildlife or wildlife habitat and corridors, plant habitat, agricultural lands (soils), or riparian ar- eas. C. Use 1. Open space set-asides that protect wildlife habitat areas and corridors or promote preservation of prime agricultural lands and sustainable food production activities are the highest priority for open space. 2. Open space may also be dedicated or reserved for one or more of the following uses: a. conservation of, and avoidance of development in, any readily identifiable natural hazard areas, i.e., areas that potentially pose a significant hazard to people or property drainageways, wetlands, and lands whose slope and/or soils make them particularly susceptible to subsidence or erosion when dis- turbed by development activities); b. conservation and protection of riparian vegetation within riparian resource ar- eas; c. conservation and protection of natural resources rare plant communities and wildlife habitat) or other environmentally sensitive areas where develop- ment might threaten water quality or ecosystems; d. protection of hillsides and prominent viewsheds; e. conservation and protection of significant historic or cultural resources; or f. provision of active and/or passive outdoor recreation opportunities for the general public or for the development’s residents or employees and their guests. 3. Open space may contain active recreation areas and only such buildings, structures, accessways and parking facilities as are necessary and accessory to its principal uses ---PAGE BREAK--- Chapter 20.55Chapter 20.50 Cluster and Conservation DevelopmentsNatural Resource Protection 20.55.04020.50.040 Open SpaceAgricultural Land Preservation M I S S O U L A Z O N I N G O R D I N A N C E Public Hearing Draft (05-29-2009) – Page 20.55-3 pedestrian paths, recreational club houses, utility lines, driveways, parking ar- eas). All active recreation areas, permanent structures and impervious surfaces must be of a “low-impact” design, and management practices must be instituted to pro- tect and enhance the natural character and function of the open space. Such devel- opment requires: a. a tree and native vegetation preservation plan that limits site disturbance to the minimum required for construction and protects mature vegetation areas from degradation; b. landscaping using native or naturalized plant species; c. low-input, natural vegetation management practices; and d. stormwater management best management practices. 4. Open space areas may be used for low-impact design stormwater management prac- tices. 5. Open space areas may not be used for irrigation of reclaimed wastewaterwith treated sanitary sewage. 6. The area of stormwater retention/detention ponds that are designed to hold storm- water from less than 100-year storm events may not be counted toward satisfying minimum open space requirements. 7. Roadways and parking areas within open space areas may not be counted toward satisfying minimum open space requirements unless they provide public access to the open space area. D. Ownership and Management 1. The applicant must identify the owner of the open space. The designated owner and the owner’s successors are responsible for maintaining the open space and any asso- ciated facilities. If a property owners association is the owner, membership in the as- sociation is mandatory and automatic for all property owners within the develop- ment of the subdivision and their successors. If a property owners association is the owner, the property owners association must have lien authority to ensure collection of dues from all members. 2. The applicant must submit a management plan for the open space and all common areas. The management plan must: a. allocate responsibility and guidelines for the maintenance and operation of the open space and any associated facilities, including provisions for ongoing maintenance and for long-term capital improvements; b. estimate the costs and staffing requirements needed for maintenance, opera- tion and insurance and outline the means by which necessary funding will be obtained or provided; c. provide that any changes to the management plan be approved by the [IN- SERT] city council; and d. provide for enforcement of the management plan. 3. In the event the party responsible for maintenance of the open space fails to main- tain all or any portion in reasonable order and condition, the city may assume re- sponsibility for its maintenance and may enter the premises and take corrective ac- tion, including the provision of extended maintenance. The costs of such mainte- ---PAGE BREAK--- Chapter 20.55Chapter 20.50 Cluster and Conservation DevelopmentsNatural Resource Protection 20.55.05020.50.040 Permanent Protection of Open SpaceAgricultural Land Preservation M I S S O U L A Z O N I N G O R D I N A N C E Public Hearing Draft (05-29-2009) – Page 20.55-4 nance, plus any administrative costs and penalties, may be charged to the owner, property owner association, or to the individual property owners that make up the property owners association. Unpaid costs will become a lien on all subdivision properties within the development. E. Boundary Markers 1. Boundary markers must be put in place clearly marking required open space areas before, during and after construction. 2. Boundary markers must be installed at the intersection of private lot property lines with the outer edge of the permanent open space area before receiving final city ap- proval of plans for clearing, grading, or sediment and erosion control. 3. Construction fencing must be placed at the outer edge of the existing vegetation to be preserved in the permanent open space area. This fencing must be maintained throughout the construction process. 4. Permanent signs must be placed at the edge of the permanent open space. as follows: a. For single-lotparcel developments, signs must be posted every 100 feet along the open space boundary. b. For multiple lotparcels located along an open space set-aside, signs must be lo- cated at the intersection of every other lot property line along the open space. c. Required signs must indicate that the area has been designated as a permanent open space set-aside and identify any limitations on use or disturbance of the area. Signs must be maintained and remain legible at all times. 20.55.050 Permanent Protection of Open Space A. The open space must be protected in perpetuity by a binding legal instrument that is re- corded with the deed. The legal instrument must be one of the following: 1. a permanent conservation easement in favor of either: a. a land trust or similar conservation-oriented non-profit organization with legal authority to accept such easements. The organization must be bona fide and in perpetual existence and the conveyance instruments must contain an appro- priate provision for transfer in the event the organization becomes unable to carry out its functions; b. a governmental entity (if the entity accepting the easement is not the city, then a third right of enforcement favoring the city must be included in the ease- ment); 2. an open space tract protected by a permanent restrictive covenant for conservation purposes in favor of a governmental entity; or 3. an equivalent legal tool that provides permanent protection, as approved by the city attorney. B. The instrument for permanent protection must include clear restrictions on the use of the open space. These restrictions must include all restrictions contained in this section, as well as any further restrictions the applicant chooses to place on the open space. ---PAGE BREAK--- Chapter 20.55Chapter 20.50 Cluster and Conservation DevelopmentsNatural Resource Protection 20.55.06020.50.040 Perimeter Treatment Abutting Conventional SubdivisionsAgricultural Land Preservation M I S S O U L A Z O N I N G O R D I N A N C E Public Hearing Draft (05-29-2009) – Page 20.55-5 20.55.060 Perimeter Treatment Abutting Conventional Subdivisions A. Perimeter Treatment Options When a cluster or conservation development is proposed abutting an existing or ap- proved residential subdivision that is not part of the cluster or conservation development, one of the following options must be provided as part the cluster or conservation devel- opment: 1. All lotparcels along the perimeter of the cluster or conservation development abut- ting the conventional residential subdivision must be at least 80% of the area, width and depth of the abutting lotparcels within the conventional subdivision; or 2. A natural or restored vegetative buffer must be provided between developed areas within the cluster and conservation development and the abutting residential (con- ventional) subdivision in accordance with 20.55.060B. B. Buffer Option The following requirements apply to the perimeter buffer option: 1. The minimum width of the buffer is as follows: Abutting Zoning Area of Perimeter LotParcels (square feet) within Cluster/Conservation Develop- ment 80,000+ 40,000– 79,999 20,000– 39,999 10,000– 19,999 5,000– 9,999 Less than 5,000 Minimum Buffer Width (feet) R215 100 150 200 250 300 500 R80 None 50 100 150 200 250 R40 None None 50 100 150 200 R20 None None None 50 100 150 RT10 None None None None 50 100 R8 None None None None None 100 R5.4 None None None None None 50 RT5.4 None None None None None None R3 None None None None None None RT2.7 None None None None None None RM2.7 None None None None None None RM1.5 None None None None None None RM1 None None None None None None RMH None None None None None None RM0.5 None None None None None None 2. The land area within the perimeter buffer may be used to satisfy minimum open space requirements of the cluster or conservation development. The buffer area may not be included as a part of any platted residential lotparcel within the cluster or conservation development. ---PAGE BREAK--- ---PAGE BREAK--- M I S S O U L A Z O N I N G O R D I N A N C E Public Hearing Draft (05-29-2009) – Page 20.60-1 Chapter 20.60 Parking and Access 20.60.010 General 20.60-1 20.60.020 Required Motor Vehicle 20.60-3 20.60.030 Shared 20.60-6 20.60.040 Location of Off-Street 20.60-8 20.60.050 Use of Off-Street Parking 20.60-8 20.60.060 Parking Area Design 20.60-9 20.60.070 Accessible Parking (for People with 20.60-9 20.60.080 Transit-Served Locations 20.60-9 20.60.090 Bicycle Parking 20.60-10 20.60.100 20.60-12 20.60.110 Drive-through Facilities and Vehicle Stacking 20.60-12 20.60.120 20.60-13 20.60.130 Off-Street Loading 20.60-13 20.60.140 Traffic Studies 20.60-14 20.60.010 General A. Purpose 1. The regulations of this chapter are intended to ensure provision of off-street motor vehicle parking, bicycle parking, and other transportation access facilities in rough proportion to the generalized parking and transportation demands of different land uses. By requiring such facilities, it is the intent of this chapter to help avoid the negative impacts associated with spillover parking into adjacent neighborhoods, while at the same time avoiding the negative environmental and urban design im- pacts that can result from parking lots and other vehicular use areas. 2. The provisions of this chapter are also intended to help protect the public health, safety, and general welfare by: a. helping avoid and mitigate traffic congestion; b. encouraging multi-modal transportation options and enhanced pedestrian safety; c. providing methods to reduce the amount of impervious surfaces in parking ar- eas and adequate drainage structures in order to reduce the environmental im- pacts of storm water runoff; d. encouraging paving or alternate means of surfacing of parking areas in order to address dust abatement and improve air quality; and e. providing flexible methods of responding to the transportation and access de- mands of various land uses in different areas of the city. B. Applicability 1. General Unless otherwise expressly stated, the parking regulations of this chapter apply to all districts and all uses within zoned and unzoned areas. 2. New Development Unless otherwise expressly stated, the parking standards of this chapter apply to all new buildings constructed and all new uses established in all zoning districts. ---PAGE BREAK--- Chapter 20.60Chapter 20.50 Parking and AccessNatural Resource Protection 20.60.01020.50.040 GeneralAgricultural Land Preservation M I S S O U L A Z O N I N G O R D I N A N C E Public Hearing Draft (05-29-2009) – Page 20.60-2 3. Enlargements and Expansions a. Unless otherwise expressly stated, the parking standards of this chapter apply whenever an existing building or use is enlarged or expanded to include addi- tional dwelling units, floor area, seating capacity, employees or other units of measurement used for establishing off-street parking requirements. b. In the case of enlargements or expansions triggering requirements for addi- tional parking, additional off-street parking spaces are required only to serve the enlarged or expanded area, not the entire building or use. In other words, there is no requirement to address lawfully existing parking deficits. Commentary: An enlargement or expansion may trigger the need to provide or increase accessible (ADA-compliant) parking, as determined by the city engineer. 4. Change of Use a. Unless otherwise expressly stated, when the use of property changes, additional off-street (vehicle and bicycle) parking spaces must be provided to serve the new use only when the number of parking spaces required for the new use ex- ceeds the number of spaces required for the lawful use that most recently oc- cupied the building, based on the standards of this zoning ordinance. In other words, “credit” is given to the most recent lawful use of the property for the number of parking spaces that would be required under this zoning ordinance, regardless of whether such spaces are actually provided. Any new parking spaces required must comply with all applicable parking area design and layout standards. b. When the number of parking spaces required for the new use exceeds the number of spaces required for the use that most recently occupied the prop- erty, additional parking spaces are required only to make up the difference be- tween the amount of parking required for the previous use and the amount of parking required for the new use, based on the standards of this ordinance. Commentary: A change of use may trigger the need to provide or increase accessible (ADA-compliant) parking, as determined by the city engineer. C. Exemptions, Reductions and Special Area Standards 1. CBD Zoning District No off-street motor vehicle parking is required in the CBD zoning district. 2. B1 Zoning District No off-street parking is required for retail sales uses in the B1 district unless such uses exceed 1,000 square feet of gross leasable floor area, in which case off-street parking must be provided for the floor area in excess of 1,000 square feet. On lotpar- cels occupied by 2 or more uses, the 1,000 square foot exemption may only be ap- plied once. 3. Pedestrian-Oriented Overlay District No off-street parking is required for retail sales uses in the /P overlay district unless such uses exceed 1,000 square feet of gross leasable floor area, in which case off- street parking must be provided for the floor area in excess of 1,000 square feet. On lotparcels occupied by 2 or more uses, the 1,000 square foot exemption may only be applied once. ---PAGE BREAK--- Chapter 20.60Chapter 20.50 Parking and AccessNatural Resource Protection 20.60.02020.50.040 Required Motor Vehicle ParkingAgricultural Land Preservation M I S S O U L A Z O N I N G O R D I N A N C E Public Hearing Draft (05-29-2009) – Page 20.60-3 4. Landmarks and Historic Districts The zoning officer, in consultation with the historic preservation officer, is author- ized to approve exceptions and waivers to minimum off-street parking ratios when strict application of the parking ratios would result in buildings that are incompati- ble with adjacent structures that are recognized as contributing structures in a local historic district or national register historic district.: a. rehabilitation or reuse of buildings on the National Register of Historic Places; b. buildings designated as local cultural resources; c. contributing buildings in National Register Historic Districts; or d. locally designated historic districts. 5. Long-Term Bicycle Parking Off-street motor vehicle parking space requirements may be reduced by one space for every 8 long-term bicycle parking spaces provided. Long-term bicycle parking spaces must comply with 20.60.090. 6. Effect on Bicycle Parking Requirements The bicycle parking requirements of 20.60.090 apply regardless of any motor vehicle parking exemptions and reductions authorized in this section. D. Compliance Required Existing parking facilities may not be altered to violate the requirements of this chapter. 20.60.020 Required Motor Vehicle Parking A. Minimum Requirements Except as otherwise expressly stated, off-street motor vehicle parking spaces must be pro- vided in accordance with the off-street parking schedule of 20.60.020C. B. Maximum Requirements Nonresidential uses requiring 100 or more parking spaces may not provide more than 4.3 spaces per 1,000 square feet of gross leasable floor area. C. Off-Street Parking Schedule Use Category Ŋspecific use type Minimum Motor Vehicle Off-Street Parking Ratio R E S I D E N T I A L Household Living (except as noted below) 1 space per dwelling unit ŊDetached House, Two-unit House, Townhouse, Lot Line House 2 spaces per dwelling unit ŊDetached House, Townhouse (subsidized + 1,250 sq. ft. or more) 2 spaces per dwelling unit ŊDetached House, Townhouse (subsidized + under 1,250 sq. ft) 1 space per dwelling unit ŊMulti-dwelling unit (55 years of age and over) 0.75 spaces per dwelling unit ŊMulti-dwelling unit (55 years of age + subsidized) 0.5 spaces per dwelling unit ŊMulti-dwelling unit (over 2,000 square feet or more) 2.0 spaces per dwelling unit ŊMulti-dwelling unit (1,250 850 sq. ft –1,999 sq. ft) 1.5 spaces per dwelling unit ŊMulti-dwelling unit (under 1,250 850 sq. ft) 1.0 spaces per dwelling unit ---PAGE BREAK--- Chapter 20.60Chapter 20.50 Parking and AccessNatural Resource Protection 20.60.02020.50.040 Required Motor Vehicle ParkingAgricultural Land Preservation M I S S O U L A Z O N I N G O R D I N A N C E Public Hearing Draft (05-29-2009) – Page 20.60-4 Use Category Ŋspecific use type Minimum Motor Vehicle Off-Street Parking Ratio ŊMulti-dwelling unit (subsidized + 2,000 sq. ft. or more) 1.5 spaces per dwelling unit ŊMulti-dwelling unit (subsidized + 850 sq. ft –1,999 sq. ft) 1.0 spaces per dwelling unit ŊMulti-dwelling unit (subsidized + under 850 sq. ft) 0.75 spaces per dwelling unit Group Living (except as noted below) 2 spaces ŊCommunity Residential Facility 1 space + 1 space per 3 residents ŊFraternity/sorority 1 space + 1 space per 3 residents ŊNursing Home 1 space per 5 beds ŊPersonal CareHealth Care Facility 10 spaces + 1 space per 3 residents P U B L I C / C I V I C Fraternal Organization 1 space per 200 square feet + 1 space per 4 em- ployees College/University 1 space per 3 students Day Care ŊResidential Day Care (1–12) 2 spaces ŊDay Care Center (13+) 1 space per 8 enrollees + 1 space per 2 employees Hospital 1 space per 4 beds + 1 space per 2 employees Library/Cultural Exhibit 1 space per 300 square feet Park/Recreation (except as noted below) per 20.60.020E ŊGolf course 5 spaces per hole Religious Assembly 1 space per 40 square feet of assembly area Safety Services per 20.60.020E School ŊElementary & Junior High 10 spaces + 1 space per employee ŊHigh School 1 space per employee + 1 space per 5 students Utilities and Services ŊMinor None ŊMajor 1 space + 1 space per 2 employees C O M M E R C I A L Animal Services ŊSales and Grooming 1 space per 400 square feet ŊShelter or Boarding Kennel 1 space per 1,000 square feet ŊVeterinary 1 space per 400 square feet Artist Work or Sales Space 1 space per 400 square feet Building Maintenance Service 1 space per 1,000 square feet Business Equipment Sales and Service 1 space per 400 square feet Business Support Service 1 space per 400 square feet Communication Service Establishments 1 space per 400 square feet Day Labor Employment Agency 5 spaces + 1 space per 400 square feet Eating and Drinking Establishments ŊRestaurant 1 space per 4 seats + 1 space per 2 employees ŊTavern or 1 space per 4 seats + plus space 1 space per 2 em- ployees + 1 space per billiard table and gaming ma- chine Entertainment and Spectator Sports (except as noted below) 1 space per 8 seats + 1 space 100 square feet of assembly area without seats ŊTheater/Cinema 1 space per 4 seats Financial Services 1 space per 400 square feet ---PAGE BREAK--- Chapter 20.60Chapter 20.50 Parking and AccessNatural Resource Protection 20.60.02020.50.040 Required Motor Vehicle ParkingAgricultural Land Preservation M I S S O U L A Z O N I N G O R D I N A N C E Public Hearing Draft (05-29-2009) – Page 20.60-5 Use Category Ŋspecific use type Minimum Motor Vehicle Off-Street Parking Ratio Food and Beverage Retail Sales 1 space per 400 square feet Funeral and Interment Services 1 space per 75 square feet of assembly area Gasoline and Fuel Sales 1 space per 400 square feet of retail sales area plus 1 space per 2 pumps Lodging ŊBed and Breakfast 1 space per 2 guest rooms + 2 spaces for primary dwelling unit. Maximum 6 spaces total in R zoning district. ŊHostel 1 space per 8 beds + 1 space per 4 employees ŊHotel/Motel 1 space per room + 1 space per 4 employees Office ŊAdministrative, Professional or General Office 1 space per 400 square feet ŊMedical Office 1 space per 200 square feet Parking, Non-Accessory None Personal Improvement Service 1 space per 300 square feet Repair or Laundry Service, Consumer 1 space per 400 square feet Retail Sales (except as noted below) 1 space per 300 square feet ŊFurniture, Appliance and Similar Large Items 1 space per 1,000 square feet + 1 space per 3 em- ployees Sports and Recreation, Participant (except as noted below) 1 space per 400 square feet ŊBlowling Alley 4 spaces per alley ŊHealth Club 6 2 spaces per court, plus 2 for every 3 pieces of athletic, gym, or bodybuilding equipment, plus 1 space per 2 employees at peak shift, plus 1 space per 250 designated recreational floor area ŊSkating Rink 1 space per 300 square feet + 1 space per 2 em- ployees ŊSwimming Pool 1 space per 4-person capacity plus 1 space per 2 employees Vehicle Sales and Service ŊCar Wash/Cleaning Service 1 space per cleaning stall ŊHeavy Equipment Sales/Rentals 1 space per 2 employees + 2 spaces per service stall ŊLight Equipment Sales/Rentals 1 space per 2 employees + 1 space per 20 vehicles displayed + 2 spaces per service stall ŊMotor Vehicle Repair 1 space per 1,000 square feet or 1 space per 3 em- ployees, whichever is greater ŊVehicle Storage and Towing 5 spaces + 1 space per 2 employees I N D U S T R I A L Manufacturing, Production and Industrial Service 1 space per employee Microbrewery, Small-Scale Winery or Food Production 1 space per 4 seats + 1 space per 2 employees Recycling Service 1 space per 2 employees Residential Storage Warehouses 1 space per 25 storage units Warehousing, Wholesaling and Freight Movement 1 space per 2 employees O T H E R Transportation Terminals ŊBus Depot 1 space per 100 square feet of customer waiting area + 1 space per 3 employees at peak + stack- ing/waiting space for 2 buses ---PAGE BREAK--- Chapter 20.60Chapter 20.50 Parking and AccessNatural Resource Protection 20.60.03020.50.040 Shared ParkingAgricultural Land Preservation M I S S O U L A Z O N I N G O R D I N A N C E Public Hearing Draft (05-29-2009) – Page 20.60-6 D. Calculations The following rules apply when calculating the required number of off-street parking spaces: 1. Multiple Uses Unless otherwise expressly stated, lotparcels containing more than one use must provide parking in an amount equal to the total of the requirements for all uses. 2. Fractions When measurements of the number of required spaces result in a fractional number, any fraction of less than ½ is rounded down to the next lower whole number, and any fraction of ½ or more is rounded up to the next higher whole number. 3. Area Measurements Unless otherwise expressly stated, all area-based (square footage) parking standards must be computed on the basis of gross floor area. 4. Occupancy- or Capacity-based Standards For the purpose of computing parking requirements based on employees, students, residents or occupants, calculations must be based on the largest number of persons working on any single shift, the maximum enrollment or the maximum fire-rated capacity, whichever is applicable and whichever results in the greater number of spaces. 5. Unlisted Uses Upon receiving a development application for a use not specifically listed in an off- street parking schedule, the zoning officer is authorized to apply the off-street park- ing ratio specified for the listed use that is deemed most similar to the proposed use or establish a minimum off-street parking requirement for the proposed use in ac- cordance with 20.60.020E. E. Establishment of Other Parking Ratios 1. Upon receipt of an application of a use for which no parking ratio is established, the zoning officer is authorized to apply the parking ratio that applies to the most simi- lar use or establish a different minimum parking requirement on the basis of park- ing data provided by the applicant and the office of planning and grants. 2. Parking data and studies must include estimates of parking demand based on reli- able data collected from comparable uses or on external data from credible research organizations. Comparability will be determined by density, scale, bulk, area, type of activity and location. Parking studies must document the source of all data used to develop recommended requirements. 20.60.030 Shared Parking A. General Shared parking is encouraged as a means of conserving scarce land resources, reducing stormwater runoff, reducing the heat island effect caused by large paved areas and im- proving community appearance. Shared parking facilities are allowed, subject to the fol- lowing standards and approval by the city engineer: 1. Shared parking is allowed among different categories of uses or among uses with dif- ferent hours of operation, but not both. ---PAGE BREAK--- Chapter 20.60Chapter 20.50 Parking and AccessNatural Resource Protection 20.60.03020.50.040 Shared ParkingAgricultural Land Preservation M I S S O U L A Z O N I N G O R D I N A N C E Public Hearing Draft (05-29-2009) – Page 20.60-7 2.Accessible parking spaces (for persons with disabilities) may not be shared and must be located on-site. 2. Up to 10% of required parking spaces for any use may be used jointly by a tempo- rary commercial use. 3. Applicants must provide a shared parking agreement executed by the parties estab- lishing the shared parking spaces. Shared parking privileges will continue in effect only as long as the agreement, binding on all parties, remains in force. If the agree- ment is no longer in force, then parking must be provided as otherwise required by this chapter. 4. Shared parking may be located off site, subject to the regulations of 20.60.040C. B. Shared Parking for Different Categories of Uses A use may share parking with a different category of use according to only one of the fol- lowing subsections: 1. If an office use and a retail sales-related use share parking, the parking requirement for the retail sales-related use may be reduced by up to 20%, provided that the re- duction does not exceed the minimum parking requirement for the office use. 2. If a residential use shares parking with a retail sales-related use (expressly excluding lodging uses, eating and drinking establishments and entertainment-related uses, the parking requirement for the residential use may be reduced by up to 30%, provided that the reduction does not exceed the minimum parking requirement for the retail sales-related use. 3. If an office and a residential use share off-street parking, the parking requirement for the residential use may be reduced by up to 50%, provided that the reduction does not exceed the minimum parking requirement for the office use. 4. If office, retail sales and residential uses share off-street parking, the applicant may elect to use any one of the shared parking reductions of 20.60.030B.1, 20.60.030B.2 or 20.60.030B.3. The applicant may also elect to prepare a shared parking analysis using the Urban land Institute’s (ULI) shared parking analysis methodology. Park- ing reductions based on the ULI methodology require review and approval by the zoning officer after consultation with the city engineer. C. Shared Parking for Uses with Different Hours of Operation 1. For the purposes of this section, the following uses are considered daytime uses: a. customer service and administrative offices; b. retail sales uses, except eating and drinking establishments, lodging uses, and entertainment-related uses; c. warehousing, wholesaling, and freight movement uses; d. manufacturing, production and industrial service uses; and e. other similar primarily daytime uses, as determined by the zoning officer. 2. For the purposes of this section, the following uses are considered nighttime or Sun- day uses: a. auditoriums accessory to public or private schools; b. religious assembly uses; ---PAGE BREAK--- Chapter 20.60Chapter 20.50 Parking and AccessNatural Resource Protection 20.60.04020.50.040 Location of Off-Street ParkingAgricultural Land Preservation M I S S O U L A Z O N I N G O R D I N A N C E Public Hearing Draft (05-29-2009) – Page 20.60-8 c. entertainment-related uses, such as theaters, bowling alleys, and dance halls; and d. other similar primarily nighttime or Sunday uses, as determined by the Zoning Officer. 3. Up to 90% of the parking required by this chapter for a daytime use may be supplied by the off-street parking provided for a nighttime or Sunday use and vice-versa, when authorized by the zoning officer. 4. The applicant must show that there is no substantial conflict in the principal operat- ing hours of the uses for which shared parking is proposed. 20.60.040 Location of Off-Street Parking A. General Except as otherwise expressly stated, required off-street parking spaces must be located on the same parcel as the building or use they are required to serve. B. Residential Districts The following standards apply in all R districts: 1. Parking is prohibited in front and street side setbacks except that parking spaces may be located on an approved driveway in the front setback. 2. No more than 40% of the front yard area in an R district may be paved or used for parking or vehicular use. On corner parcels, not more than 20% of the street side yard area may be paved or devoted to parking or other vehicle use. C. Off-Site Parking 1. General All or a portion of required off-street parking may be provided off site, in accor- dance with the provisions of this section. Off-site parking areas must comply with all applicable parking area design and accessibility standards. 2. Location Off-site parking space must be located within a 500-foot radius feet walking distance of the shared parking area, measured between the entrance of the use to be served and the outer perimeter of the furthest parking space within the shared parking lot. 3. Control of Off-Site Parking Area The property to be occupied by the off-site parking facilities must be under the same ownership as the lotparcel containing the use to be served by the parking. The off- site parking are may be under separate ownership only if an agreement is provided guaranteeing the long-term availability of the parking, commensurate with the use served by the parking. Off-site parking privileges will continue in effect only as long as the agreement, binding on all parties, remains in force. If an off-site parking agreement lapses or is no longer valid, then parking must be provided as otherwise required by this chapter. 20.60.050 Use of Off-Street Parking Areas A. Required off-street parking areas may be used solely for the temporary parking of licensed motor vehicles in operating condition. ---PAGE BREAK--- Chapter 20.60Chapter 20.50 Parking and AccessNatural Resource Protection 20.60.06020.50.040 Parking Area DesignAgricultural Land Preservation M I S S O U L A Z O N I N G O R D I N A N C E Public Hearing Draft (05-29-2009) – Page 20.60-9 B. Required off-street parking spaces may not be used for the display of goods for sale or lease or for storage of building materials. C. Required off-street parking spaces are intended to serve residents, tenants, patrons, em- ployees, or guests of the principal use. Off-street parking spaces that are required by this zoning ordinance must be maintained for the life of the principal use. D. No commercial motor vehicle repair work of any kind is permitted in a required parking space. 20.60.060 Parking Area Design A. General Parking areas must be laid out and designed in accordance with municipal code require- ments and city engineering division standards and specifications. B. Driveways 1. Driveways must be reviewed and approved by the city engineering division and health department prior to issuance of a zoning compliance permit. Driveways ex- ceeding 150 feet in length require an additional approval from the fire department. 2. No driveways are allowed may be created in residential zoning districts for lotparcels with access to an alley. 3. Driveways may not exceed a grade of provided that a maximum grade of up to 10% may be allowed for short distances, not exceeding 50 feet, if approved by the fire department and city engineering division. C. Pedestrian Walkways A system of pedestrian walkways is required to connect each primary use structure on a site to the following: adjacent public sidewalks, on-site parking lots or parking structures, other on-site primary use structures, bicycle storage areas, and common outdoor use ar- eas. The pedestrian walkway system must comply with municipal code requirements and city engineering division standards and specifications. 20.60.070 Accessible Parking (for People with Disabilities) A. Accessible parking facilities must be provided in accordance with municipal code re- quirements and city engineering division standards and specifications. B. When fewer than 6 parking spaces are required, dedicated van-accessible parking spaces are not required to be signed. C. Accessible parking spaces may be shared between businesses if there is appropriate acces- sibility between the parking spaces and all business sharing the spaces, and fewer than 35 parking spaces are required in total between the uses sharing the accessible parking spaces. 20.60.080 Transit-Served Locations The zoning officer may authorize up to a 15% reduction in the number of off-street parking spaces re- quired for uses located within 500 feet of a transit stop that is served at intervals of 30 minutes or less be- tween the hours of 7:00 pm. and 9:00 pa.m. and between 4:00 p.m. and 6:00 p.m. Applicants seeking approval of such a reduction must secure approval in accordance with the administrative adjustment pro- visions of 20.85.110. ---PAGE BREAK--- Chapter 20.60Chapter 20.50 Parking and AccessNatural Resource Protection 20.60.09020.50.040 Bicycle ParkingAgricultural Land Preservation M I S S O U L A Z O N I N G O R D I N A N C E Public Hearing Draft (05-29-2009) – Page 20.60-10 20.60.090 Bicycle Parking A. General This section establishes requirements for short-term bicycle parking and long-term bicy- cle parking and storage facilities. These requirements apply regardless of any motor vehi- cle parking exemptions or reductions. B. Spaces Required Short-term and long-term bicycle parking is required in accordance with the following minimum ratios: Use Required Bicycle Parking Short-Term Long-Term Multi-dwelling Residential 1 space per 5 dwelling units; 2 spaces minimum 1 space per dwelling unit Multi-dwelling Residential (ages 55+) 1 space per 20 dwelling units; 2 spaces minimum 1 space per 5 employees;1 space minimum Personal CareHealth Care Facilities & Nursing Homes residents) 1 per 10 motor vehicle spaces; 2 spaces minimum 1 space per 10 employees; 1 space minimum Commercial, Public and Civic 1 per 10 motor vehicle spaces; 2 spaces minimum 1 space per 5 employees; 1 space minimum Industrial 1 per 20 motor vehicle spaces; 2 spaces minimum 1 space per 5 employees;1 space minimum C. Short-Term Bicycle Parking Spaces 1. Purpose Short-term bicycle parking is generally intended to serve the needs of cyclists who park their bicycles for short time periods, including customers, clients, students and other short-term visitors. 2. Design and Location a. General Required short-term bicycle parking spaces must: consist of bike racks or lockers that are anchored so that they cannot be easily removed ; be of solid construction, resistant to rust, corrosion, hammers, and saws; allow both the bicycle frame and the wheels to be locked with the bicycle in an upright position using a standard U-lock; be designed so as not to cause damage to the bicycle; facilitate easy locking without interference from or to adjacent bicycles; and be in highly visible, active, well-illuminated areas that do not interfere with pedestrian movements. b. Location At least 50% of required bicycle parking spaces must be located within 50 feet of a customer entrance, and the remainder must be located within 100 feet of any entrance. If required short-term bicycle parking spaces are not visible from ---PAGE BREAK--- Chapter 20.60Chapter 20.50 Parking and AccessNatural Resource Protection 20.60.09020.50.040 Bicycle ParkingAgricultural Land Preservation M I S S O U L A Z O N I N G O R D I N A N C E Public Hearing Draft (05-29-2009) – Page 20.60-11 the abutting street or the main customer entrance, signs must be posted indi- cating their location. c. Size All required short-term bicycle parking spaces must have minimum dimen- sions of 2 feet in width by 6 feet in length, with a minimum overhead vertical clearance of 7 feet. D. Long-Term Bicycle Parking and Storage Spaces Long-term bicycle parking is generally intended to serve the needs of cyclists who park their bicycles for long time periods, including employees and residents. 1. Design and Location a. General Required long-term bicycle parking spaces must: be protected from weather and access by unauthorized persons; consist of bike racks or lockers anchored so that they cannot be easily re- moved; be of solid construction, resistant to rust, corrosion, hammers, and saws; allow both the bicycle frame and the wheels to be locked with the bicycle in an upright position using a standard U-lock; be designed so as not to cause damage to the bicycle; and facilitate easy locking without interference from or to adjacent bicycles. b. Location Required long-term bicycle parking must be provided in at least one of the fol- lowing locations: in covered stationary racks or lockers that comply with the short-term bi- cycle parking location requirements of 20.60.090C.2.b in a locked room; in an covered, locked area that is enclosed by a fence or wall with a minimum height of 7 feet; in a private garage or private storage space serving an individual dwelling unit within a multi-dwelling (residential) building; in a covered area within clear view of an attendant or security personnel; in a covered area continuously monitored by security cameras; or in a covered area that is visible from employee work areas. c. Size Required long-term bicycle parking spaces must have minimum dimensions of 2 feet in width by 6 feet in length, with a minimum overhead vertical clearance of 7 feet. Bicycle lockers are exempt from overhead clearance requirements. ---PAGE BREAK--- Chapter 20.60Chapter 20.50 Parking and AccessNatural Resource Protection 20.60.10020.50.040 ParkingAgricultural Land Preservation M I S S O U L A Z O N I N G O R D I N A N C E Public Hearing Draft (05-29-2009) – Page 20.60-12 E. Authorized Administrative Adjustments 1. The zoning officer is authorized to approve an administrative adjustment reducing the number of bicycle spaces required under this section in accordance with the pro- cedures of 20.85.110. 2. The zoning officer is also authorized to approve an administrative adjustment to modify the bicycle parking design and location requirements of this section in ac- cordance with the procedures of 20.85.110. 20.60.100 Parking In parking lots containing over 20 motor vehicle parking spaces, parking may be substituted for up to 5 automobile parking spaces or 5% of required motor vehicle parking, whichever is less. For every 4 parking spaces provided, the automobile parking requirement is reduced by one space. Each space must have minimum dimensions of 4 feet by 8 feet. This provision applies to exist- ing and proposed parking lots. 20.60.110 Drive-through Facilities and Vehicle Stacking Spaces A. Applicability 1. The regulations of this section apply to all uses that include drive-through facilities and to all portions of a development that comprise the drive-through facility. 2. The regulations apply to new developments, the addition of drive-through facilities to existing developments, and the relocation of existing drive-through facilities. Commentary: Drive-through facilities are not a right; the size of the site or the size and location of existing structures may make it impossible to meet the regulations of this section. B. Parts of a Drive-through Facility A drive-through facility is composed of two parts: 1. the stacking lanes (the space occupied by vehicles queuing for the service to be pro- vided); and 2. the service area, where the service occurs. In uses with service windows, the service area starts at the service window. In uses where the service occurs indoors, the ser- vice area is the area within the building where the service occurs. For other facilities, such as gas pumps, air compressors, and vacuum cleaning stations, the service area is the area where the vehicles are parked during the service or operation. C. Setbacks and Landscaping 1. Service areas and stacking lanes on lotparcels abutting R zoning districts must be set back at least 50 feet and landscaped in accordance with the landscape buffer re- quirements of 20.65.060. 2. If the service areas and stacking lanes are within 50 feet of and visible from the roadway, they must be set back at least 20 feet from the right-of-way and landscaped in accordance with perimeter parking lot landscaping requirements of 20.65.050. D. Stacking Lane Standards These standards help ensure that there is adequate on-site maneuvering and circulation areas, that stacking vehicles do not impede traffic on abutting streets, and that stacking lanes will not have nuisance impacts on nearby residential uses. ---PAGE BREAK--- Chapter 20.60Chapter 20.50 Parking and AccessNatural Resource Protection 20.60.12020.50.040 Cross-AccessAgricultural Land Preservation M I S S O U L A Z O N I N G O R D I N A N C E Public Hearing Draft (05-29-2009) – Page 20.60-13 1.Gasoline Pumps Gasoline pumps must be set back at least 30 feet from all property lines. 1. Other Drive-through Facilities a. All other drive-though facilities must provide a stacking lane with a minimum length of 150 feet for a single stacking lane or 80 feet per lane when there is more than one stacking lane. A stacking lane is measured from the property line from which street access is taken to the service area. b. A stacking lane is not required for accessory facilities where vehicles do not routinely queue up while waiting for the service. Examples are window wash- ing, air compressor, and vacuum cleaning stations. 2. Stacking Lane Design and Layout Stacking lanes must be designed and laid out in accordance with municipal code re- quirements and city engineering division standards and specifications. 3. Stacking Lane Identification All stacking lanes must be clearly identified, through such means as striping, land- scaping, pavement design and signs. Such identification must comply with munici- pal code requirements and city engineering division standards and specifications E. Noise Speakers associated with drive-through facilities must comply with municipal code re- quirements. Sound attenuation walls, landscaping or other mitigation measures may be required to ensure that the facility will not have adverse noise-related impacts on nearby residential uses. F. Site Plans Site plans must show the location of drive-through windows and associated facilities (for example: communications systems and access aisles), as well as adjacent residential uses. 20.60.120 Cross-Access A. Description and Purpose Cross-access refers to providing vehicular access between 2 or more contiguous sites so that motorists and/or pedestrians do not need to reenter the public street system to gain access to abutting sites. Cross-access between abutting properties reduces vehicular con- flicts between motorists on the street and motorists entering and leaving driveways. Re- duced traffic conflicts result in fewer accidents and improved traffic flow on the public street network. B. Requirements Vehicular and/or pedestrian access between abutting lotparcels may be required in accor- dance with municipal code requirements and city engineering division standards and specifications. 20.60.130 Off-Street Loading Vehicle loading and unloading areas must be provided in accordance with municipal code requirements and city engineering division standards and specifications. ---PAGE BREAK--- Chapter 20.60Chapter 20.50 Parking and AccessNatural Resource Protection 20.60.14020.50.040 Traffic StudiesAgricultural Land Preservation M I S S O U L A Z O N I N G O R D I N A N C E Public Hearing Draft (05-29-2009) – Page 20.60-14 20.60.140 Traffic Studies The city engineer may require the submittal of trip generation data for proposed developments using data from the Institute of Transportation Engineers’ publication Trip Generation. A. The city engineer may require a traffic study for a proposed development that generates 200 or more average daily (weekday) trips. The traffic study must provide adequate in- formation to allow the transportation planner and the city engineering department to as- sess the impact of the proposed development on nearby streets and intersections, includ- ing its impacts on pedestrians and bicyclists. B. The city engineer may require traffic control improvements, including off-site access and traffic control. The city engineer may require the applicant to finance and construct those traffic improvements that are directly attributable to the development. ---PAGE BREAK--- M I S S O U L A Z O N I N G O R D I N A N C E Public Hearing Draft (05-29-2009) – Page 20.65-1 Chapter 20.65 Landscaping 20.65.010 General 20.65-1 20.65.020 General Site Landscaping 20.65-2 20.65.030 Street Frontage 20.65-4 20.65.040 Interior Parking Lot 20.65-6 20.65.050 Perimeter Parking Lot 20.65-7 20.65.060 20.65-8 20.65.070 Screening 20.65-9 20.65.080 Landscape Material and 20.65-10 20.65.090 Installation and Maintenance 20.65-12 20.65.100 Alternative 20.65-13 20.65.010 General A. Purpose The landscaping regulations of this chapter are intended to preserve, maintain and en- hance the beauty of the city of Missoula, to advance the general purposes of 20.01.050 and specifically to: 1. enhance the city’s image and appearance and protecting property values by conserv- ing trees and by requiring the planting of trees and other vegetation plant and con- serve trees and other desirable vegetation to enhance the city’s livability, protect property values, mitigate urban heat island effects and address global climate change; 2. mitigate possible adverse impacts of higher intensity land uses located adjacent to lower intensity land uses; 3. promoteing the preservation, expansion, protection and proper maintenance of landscaping, including the wise use of water resources; 4. improveing air quality; 5. protecting water quality by providing vegetated areas that minimize and filter storm water runoff; 6. moderateing heat by providing shade; 7. reduceing the impacts of noise and glare; 8. enhanceing pedestrian areas; 9. provideing landscaped areas within parking lots that are designed to facilitate movement of traffic, break-up large areas of impervious surfaces, provide shade, and buffer and screen adjacent properties from the visual impact of glare and lights; 10. enhanceing the quality and appearance development projects; 11. encourageing the use of drought-tolerant landscaping practices to conserve water and reduce maintenance promote sustainable landscape practices including the use of non-invasive native and regionally adaptable plants, green roofs, permeable pavements, healthy soils and local materials; and 12.encourageing the use of native plants and discouraging the use of invasive plants; and 13.12.encourageing the use of landscape architects licensed in the state of Montana. ---PAGE BREAK--- Chapter 20.65Chapter 20.50 LandscapingNatural Resource Protection 20.65.02020.50.040 General Site LandscapingAgricultural Land Preservation M I S S O U L A Z O N I N G O R D I N A N C E Public Hearing Draft (05-29-2009) – Page 20.65-2 B. Applicability 1. Unless otherwise expressly stated, the landscaping requirements of this chapter ap- ply to all zoned and unzoned land to be used or developed for nonresidential or multi-dwelling residential purposes, including vertical mixed-use buildings. They also apply when a single parcel is occupied by multiple two-unit houses or a combi- nation of multi-dwelling residential structures, two-unit houses and/or nonresiden- tial buildings. The general site landscaping requirements of 20.65.020 apply to townhouses. Commentary: landscaping requirements apply to accessory and non-accessory (commercial) parking areas. 2.More specific applicability statements are included in the individual sections pertaining to various forms of landscaping. 20.65.020 General Site Landscaping A. Applicability 1. The general site landscaping requirements of this section apply when any of the fol- lowing occurs: a. when new development occurs; b. when existing development is expanded or modified in any way that results in a 10% or greater increase in off-street parking requirements; or c. when the expansion or modification results in the addition of 4 or more new parking spaces. 2. The general site landscaping requirements of this section apply to townhouses. B. Exceptions The general site landscaping requirements of this section do not apply in the CBD district. C. Standards 1. All areas of a site that are not covered by structures, driveways, parking areas, or other paved surfaces must be landscaped. Existing healthy trees and shrubs must be preserved to the maximum extent possible. 2. For lotparcels occupied by townhouses, multi-dwelling houses, and multi-dwelling buildings, general site landscaping must be provided on at least 35% of the lotparcel for developments of fewer than 10 dwelling units. For lotparcels occupied by enter- prise commercial uses, general site landscaping must be provided on at least 20% of the lotparcel. In all other cases, general site landscaping must be provided on at least 15% of developed lotparcels. If less than the required percentage of the lotparcel is available for landscaping, the applicant must provide general site landscaping on the entire area of the site that is available for landscaping. 3. General site landscaping must consist of at least one tree and 6 shrubs per 1,000 square feet of required general site landscaping area, as specified in 20.65.020C.2. 4. Landscape areas and plant material provided to meet the street frontage landscaping requirements of 20.65.030, the interior parking lot landscaping requirements of 20.65.040, the perimeter parking lot landscaping requirements of 20.65.050, the buffer requirements of 20.65.060 and the screening requirements of 20.65.070 counts toward satisfying the general site landscaping requirements of this section. ---PAGE BREAK--- Chapter 20.65Chapter 20.50 LandscapingNatural Resource Protection 20.65.02020.50.040 General Site LandscapingAgricultural Land Preservation M I S S O U L A Z O N I N G O R D I N A N C E Public Hearing Draft (05-29-2009) – Page 20.65-3 5. Groundcover plants may be substituted for required shrubs at a ratio of 3 ground- cover plants per each required shrub. 6. Public boulevard areas do not count toward satisfying the general site landscaping requirements of this section except that boulevard trees that comply with Chapter 12.32 do count, on a one-to-one basis, toward meeting the general site landscaping requirements of this section. 7. Existing healthy trees and shrubs count toward meeting the general site landscaping requirements of this section if they comply with the plant height and size require- ments of 20.65.080. 8. Unless otherwise approved by the urban forester, the removal of trees with a diame- ter breast height (DBH) of 12 6 inches or greater, single stem, must be mitigated by providing one or more replacement trees with a total combined DBH that is at least equal to the total DBH of for each trees that is are removed. The urban forester is authorized to waive this tree replacement requirement when they determine that in- adequate area exists for healthy growth of replacement trees or when they determine that the removed trees are diseased or of an undesirable species. D. Special Provisions for Activity Area Requirements for Multi-dwelling Houses and Multi-dwelling Buildings In addition to the general site landscaping requirements of 20.65.020, the The following provisions apply only to multi-dwelling houses and multi-dwelling building develop- ments that include 10 or more dwelling units. 1. Provide at least 20% of the parcel as activity area. This activity area requirement may be satisfied by the following: a. Private outdoor areas for individual dwelling units balconies and patios) may be counted toward satisfying the general site landscapingactivity area re- quirements of this section. Private outdoor spaces must be directly adjacent to and accessible only from the dwelling unit it serves. Each square foot of upper- floor balcony or terrace space counts as 1.5 square feet of general site landscap- ingactivity area. Each square foot of private outdoor space at ground level counts as one square foot of general site landscapingactivity area. Ground-floor private outdoor space must be clearly delineated and at least 80 square feet in area in order to count toward satisfying the general site landscapingactivity area requirements of this section. Ground-floor dwelling units are those at finished grade or within 3 feet of (above or be- low) finished grade. Ground-floor private outdoor space within 4 feet of a driveway, street or parking lot must be buffered with a wall, a fence, or landscaping which is at least 50% opaque and at least 3 feet in height. Upper-floor private outdoor space must be provided as balconies or ter- races that are a minimum of 6 feet deep and at least 60 square feet in area in order to count toward satisfying the general site landscapingactivity area requirements of this section. b. Up to 20% of the general site landscaping requirements may be satisfied by providing a common outdoor plaza or public gathering area. Common recrea- tion area may be counted toward satisfying the activity area requirements of this section. Such areas must be readily accessible, contiguous, usable outdoor spaces, with seating, landscaping, and other active or passive recreational fea- tures grills, sports and play facilities). The common recreation area may include recreational facilities, such as a swimming pool or recreation room ---PAGE BREAK--- Chapter 20.65Chapter 20.50 LandscapingNatural Resource Protection 20.65.03020.50.040 Street Frontage LandscapingAgricultural Land Preservation M I S S O U L A Z O N I N G O R D I N A N C E Public Hearing Draft (05-29-2009) – Page 20.65-4 (not community meeting room). In order to be counted toward satisfying ac- tivity area requirements, the common activity area must: be centrally located within the proposed development or adjacent to an existing park or open space; have a maximum 3% slope; and have a length that is no more than 2 times its width, with a width of no less than 40 feet a 40-foot wide area could be no longer than 80 feet). c. Pedestrian/bicycle greenway corridors may be counted toward satisfying the activity area requirements of this section if such a corridor is determined by the Parks Department to have a primarily recreational and/or commuter function. d. On-site community gGarden areas may be counted toward satisfying the gen- eral site landscaping activity area requirements of this section if: tool storage areas are provided for common use by residents; appropriate fencing is provided to exclude deer; and topsoil of adequate quality and depth is provided.. 2. Exceptions The activity area requirements of this section do not apply to the following: a. Development on parcels within the 2008 Downtown Master Plan study area. b. Remodel or conversion projects that do not change the building footprint by more than 15%. c. Expansion projects that modify structures in existence before August 11, 2003 if such projects cannot comply with the activity area requirements of this sec- tion. Such projects must provide the maximum amount of activity area possi- ble (even if less than 20% of the parcel). d. Development on parcels in subdivisions approved subject to the parkland dedication requirements in effect after December 31, 2009. e. Development on parcels in major residential subdivisions approved subse- quent to the requirement for parkland dedication in accordance with the 1973 Montana Subdivision and Platting Act. 3. Agency Review a. The applicant must submit development plans to the Parks Department for their review, comment and approval, prior to submittal of a zoning compli- ance permit or building permit. b. Zoning compliance permit or building permit submittal materials must in- clude approval by the Parks Department. 20.65.030 Street Frontage Landscaping A. Applicability Street frontage landscaping must be provided along all lot street frontagesfrontages abut- ting street rights-of-way, in accordance with the requirements of this section. The street frontage landscaping requirements apply when any of the following occurs: ---PAGE BREAK--- Chapter 20.65Chapter 20.50 LandscapingNatural Resource Protection 20.65.03020.50.040 Street Frontage LandscapingAgricultural Land Preservation M I S S O U L A Z O N I N G O R D I N A N C E Public Hearing Draft (05-29-2009) – Page 20.65-5 1. when new development occurs; 2. when existing development is expanded or modified in any way that results in a 10% or greater increase in off-street parking requirements; or 3. when the expansion or modification results in the addition of 4 or more new park- ing spaces. B. Exceptions The street frontage landscaping requirements of this section may be waived or reduced by the zoning officer in either of the following cases: 1. where strict application of these standards is deemed inconsistent with the historic character of a National or Municipal Historic District, upon review by the zoning officer, in consultation with the historic preservation officer; or 2. for industrial land uses if the surrounding development pattern does not include street frontage landscaping, then the trees otherwise required as part of street front- age landscaping may be located elsewhere on the site, such as between the street and building or between the street and parking lot. C. Standards 1. Street frontage landscaping areas must extend inward on the lotparcel at least 10 feet from the edge of all street rights-of-way along the full length of the street frontage, unless the required zoning district setback is less than 10 feet. The following rules apply when the zoning district setback requirement is less than less than 10 feet and lawfully established buildings are located within 10 feet of the right-of-way: a. For those portions of the lotparcel on which buildings are set back from the right-of-way less than 5 feet, street frontage landscaping is not required. b. For those portions of the lotparcel on which buildings are set back from the right-of-way by 5 feet but no more than 10 feet, the street frontage landscaping area must be as deep as the actual building setback distance. The maximum re- quired width of a street frontage landscaping area is 10 feet. 2. Sites occupied by enterprise commercial uses must provide street frontage landscap- ing areas with a minimum depth of 20 feet. Commentary: Street frontage landscaping areas must be located on the lotparcel, outside of the right-of-way. 3. Parking lots and paved vehicular use areas may not encroach into required street frontage landscaping areas, nor may parked vehicles encroach into required street frontage landscaping areas 4. All street frontage landscaping areas and front yard areas must be planted with trees, shrubs, grass/vegetative groundcover and may include berms. At a minimum, street frontage landscaping areas must consist of 2 trees (if no boulevard trees exist along the street frontage) and 10 6 shrubs per 1,000 square feet of required street frontage landscaping area. Berms may be installed within street frontage landscaping areas. Required trees and shrubs may be planted throughout street frontage landscaping area. For required street frontage landscaping areas under 500 square feet in area, a minimum of one tree is required. 5. Groundcover plants may be substituted for required shrubs at a ratio of 3 ground- cover plants per each required shrub. ---PAGE BREAK--- Chapter 20.65Chapter 20.50 LandscapingNatural Resource Protection 20.65.04020.50.040 Interior Parking Lot LandscapingAgricultural Land Preservation M I S S O U L A Z O N I N G O R D I N A N C E Public Hearing Draft (05-29-2009) – Page 20.65-6 6. Paved walkway areas may not occupy more than 10% of the street frontage land- scaping area. 20.65.040 Interior Parking Lot Landscaping A. Applicability The interior parking lot landscaping requirements of this section apply to all of the fol- lowing: 1. the construction or installation of any new parking lot or vehicular use area contain- ing 10 or more parking spaces or more than 3,300 square feet of paved area; 2. the expansion of any existing parking lot or vehicular use if the expansion would create 10 or more new parking spaces or more than 3,300 square feet of additional paved area, in which case the requirements of this section apply only to the ex- panded area; and 3. the excavation and reconstruction of existing parking lots or vehicular use areas containing 10 or more parking spaces or more than 3,300 square feet of paved area if such excavation and reconstruction involves the removal of more than 25% of the paved surface, in which case the requirements of this section apply only to the por- tion of the parking lot or vehicular use area that is excavated and reconstructed. B. Exceptions Exceptions to the interior parking lot landscaping requirements of this section may be granted by the zoning officer in consultation with the historic preservation officer when such landscaping is deemed inconsistent with the historic character of a National or Mu- nicipal Historic District. C. Standards 1. Minimum Area At least 10% of the paved vehicular use must be devoted to interior parking lot land- scaping. Vehicular use areas include parking spaces, drive aisles, driveways and drive-though lanes. Vehicular use areas that are covered by carports, canopies or similar structures must be included when calculating minimum interior parking lot landscaping requirements, but installation of landscaping is not required beneath carports, canopies or other structures that block sunlight and rainfall. Parking and circulation areas located within parking garages structure are not counted as vehicu- lar use areas for purposes of these interior parking lot landscaping requirements. 2. Landscaped Islands Interior parking lot landscaping must be provided in the form of parking lot land- scaped islands. Landscaped islands must comply with all of the following require- ments: a. they must be bordered by a paved surface on at least 2 sides; b. they must be at least 9 feet wide, as measured from the outside edge of the curb; c. they must be planted with ground covergroundcover and include at least one deciduous tree per 180 square feet of landscaped area, with a minimum of one tree per island; d. they must be protected by curbs or other barriers in accordance with city engi- ---PAGE BREAK--- Chapter 20.65Chapter 20.50 LandscapingNatural Resource Protection 20.65.05020.50.040 Perimeter Parking Lot LandscapingAgricultural Land Preservation M I S S O U L A Z O N I N G O R D I N A N C E Public Hearing Draft (05-29-2009) – Page 20.65-7 neering division standards and specifications; and e. landscaped islands must be dispersed to define drive aisles and break up long rows of parking spaces by providing at least one landscaped island every 135 feet. Any parking row that ends adjacent to a paved driving surface, regardless of the aisle’s length, must have a landscaped (terminal) island at that end of the parking row. 3. Other Interior Parking Lot Landscaping If the minimum 10% interior parking lot landscaping requirement is not met by providing interior landscaped islands in accordance with the requirements of this section, then landscaping bordering paved parking and vehicular use areas may be counted to meet interior parking lot landscaping requirements. In order to be counted, the border landscaping must have a minimum depth of 6 feet and a maxi- mum depth of 15 feet from the edge of the parking/vehicular use area pavement. 20.65.050 Perimeter Parking Lot Landscaping A. Applicability The perimeter parking lot landscaping requirements of this section apply to all of the fol- lowing: 1. the construction or installation of any new parking lot or vehicular use area contain- ing 10 or more parking spaces or more than 3,300 square feet of paved area; 2. the expansion of any existing parking lot or vehicular use if the expansion would create 10 or more new parking spaces or more than 3,300 square feet of additional paved area, in which case the requirements of this section apply only to the ex- panded area; and 3. the excavation and reconstruction of existing parking lots or vehicular use areas containing 10 or more parking spaces or more than 3,300 square feet of paved area if such excavation and reconstruction involves more than 25% of the paved surface, in which case the requirements of this section apply only to the portion of the parking lot or vehicular use area that is excavated and reconstructed. B. Exceptions 1. Perimeter parking lot landscaping requirements do not apply to sites on which more than 50% of the required parking spaces are located outside of the area between the primary building façade and the street right-of-way. 2. Exceptions to the perimeter parking lot landscaping requirements of this section may be granted by the zoning officer in consultation with the historic preservation officer when such landscaping is deemed inconsistent with the historic character of a National or Municipal Historic District. ---PAGE BREAK--- Chapter 20.65Chapter 20.50 LandscapingNatural Resource Protection 20.65.06020.50.040 BuffersAgricultural Land Preservation M I S S O U L A Z O N I N G O R D I N A N C E Public Hearing Draft (05-29-2009) – Page 20.65-8 C. Standards 1. Perimeter parking lot landscaping requirements may be satisfied by providing at least one of the following: a. Any combination of berms, planting, walls or fences that results in a continu- ous buffer to a height of 36 inches above parking lot grade along the length of the parking area frontage; or dense evergreen hedge, solid wall or solid fence at least 4 feet in height; b.a berm between 2 and 3 feet in height; or c.b. a street frontage landscaping area with a minimum depth of 20 feet and land- scaping material at the rates specified in 20.65.030C.4. 2. Berms may encroach into the landscaped boulevard area only with approval from the city engineer and/or the State Department of Transportation. 3. The city engineer is authorized to approve reductions in height for buffers to im- prove sight distance at intersections. 20.65.060 Buffers Buffers are intended to mitigate the possible adverse effects noise, lighting, and other site-related and operational impacts) that can occur when multi-dwelling houses, multi-dwelling buildings, mixed-use or nonresidential development occurs abutting residential areas. A. Applicability 1. Buffers are required when nonresidential development occurs on lotparcels that abut R zoning districts or lotparcels used for residential purposes. 2. Buffers are required when any multi-dwelling residential or mixed-use development occurs on lotparcels that abut lotparcels occupied by detached houses or lotparcels zoned R215, R80, R40, R20, RT10, R8 or R5.4. 3. The buffer requirements of this section are triggered when new development occurs or when existing nonresidential uses or buildings are expanded by more than 10% of their existing gross floor area. B. Standards 1. Buffers must be provided along the entire lot property line that abuts the lotparcel zoned or used for residential purposes. Buffers are not required abutting alleys. 2. Any of the following 3 options may be used to satisfy the buffer requirements of this section: a. Landscape ScreenBuffer Provide a The landscaped area screen option requires a minimum buffer width of at least 8 6 feet in width with . It requires at least one shrub per 3 2 linear feet of buffer area, plus at least 2 one evergreen trees and one deciduous tree per 30 linear feet of buffer area. Shrubs must be at least 3 feet in height at time of planting. Ground cover plants must fully cover the remainder of the buffer area. b. Fence or Wall Provide a landscaped area The fence or wall option requires a minimum buffer width of at least 8 6 feet in width with. It requires a 6-foot solid wall or fence ---PAGE BREAK--- Chapter 20.65Chapter 20.50 LandscapingNatural Resource Protection 20.65.07020.50.040 ScreeningAgricultural Land Preservation M I S S O U L A Z O N I N G O R D I N A N C E Public Hearing Draft (05-29-2009) – Page 20.65-9 along the interior side of the buffer area. One tree deciduous tree is required per 20 linear feet of fence or wall. Ground cover plants must fully cover the remainder of the buffer area. c. Landscape Berm Provide a The landscape berm option requires a berm between 4 and 6 feet in height. If the berm is less than 6 feet in height, it must include at least one shrub per 3 linear feet along the top of the berm. Ground cover plants must fully cover the remainder of the buffer area. 3. Walls and fences must comply with Chapter 12.30 of the municipal code. Chain link fences may not be used as part of a required buffer. 4. Enterprise commercial uses are subject to the buffer standards of this section except that required buffers must have a minimum width of 25 feet. 20.65.070 Screening A. Applicability The screening requirements of this section apply when any of the following occurs: 1. when new development occurs; 2. when existing development is expanded or modified in any way that results in a 10% or greater increase in off-street parking requirements; or 3. when the expansion or modification results in the addition of 4 or more new park- ing spaces. B. Features to be Screened The following features must be screened from view of public rights-of-way, public parks and civic uses, and from lotparcels used or zoned for residential purposes. 1. Ground-mounted Mechanical Equipment Ground-mounted mechanical equipment may not be located within 15 feet of the property line of a lotparcel used or zoned for residential purposes and such equip- ment must be screened from view of streets and abutting residential uses and zoning districts by a dense evergreen hedge, solid wall or solid fence. The hedge, fence or wall must be tall enough to screen the equipment. Walls and fences must comply with Chapter 12.30 of the municipal code. 2. Roof-mounted Mechanical Equipment Roof-mounted mechanical equipment that is over 30 inches in height and located within 50 feet of a lotparcel used or zoned for residential purposes must be screened from the lotparcel used or zoned for residential purposes in one of the following ways: a. a parapet along facades facing the lotparcel used or zoned for residential pur- poses that is as tall as the tallest part of the equipment; b. a solid screen around the equipment that is as tall as the tallest part of the equipment, with the screen an integral part of the building’s architectural de- sign; or c. an equipment setback from roof edges facing lotparcels used or zoned for resi- dential purposes that is at least 3 feet in depth for each one foot of equipment height. ---PAGE BREAK--- Chapter 20.65Chapter 20.50 LandscapingNatural Resource Protection 20.65.08020.50.040 Landscape Material and DesignAgricultural Land Preservation M I S S O U L A Z O N I N G O R D I N A N C E Public Hearing Draft (05-29-2009) – Page 20.65-10 3. Trash Receptacles Trash receptacles must be screened from view of streets and all abutting lotparcels with a solid wall or fence. Trash receptacles may not be located in the front or street side setback area. Commentary: See the city fire code for minimum spacing requirements for trash receptacle (from buildings and openings). 4. Utility Cabinets a. Above-ground utility cabinets that are 30 or more inches in height and located within 25 feet of a street must be screened from view of the street by a solid fence, solid wall, dense evergreen hedge, or combination of such features. b. Requirements for utility cabinet screening apply to new cabinets, as well as re- placement of existing cabinets. 5. Materials, Supplies and Equipment All stored materials, supplies, merchandise, vehicles, equipment, storage or shipping containers, or other similar matter not on display for direct sale, rental or lease to the ultimate consumer or user must be screened by a fence, wall, dense evergreen hedge, or combination of such features. C. Standards 1. Walls and fences must comply with Chapter 12.30 of the municipal code. Chain link fences may not be used as part of a required buffer. 2. All landscape materials and features must be located to avoid damage from vehicles. 3. For screening purposes, all plant material must be at least 3 feet in height at time of planting. 4. Screens may be broken only as necessary to accommodate approved access drives and walkways. 20.65.080 Landscape Material and Design A. Plant Selection 1. Plants selected for required landscape areas must consist of plants that are well- suited to the microclimate and soil conditions at the project site. Plants with similar water needs must be grouped together as much as possible. 2. Interior parking lot landscape islands and other landscaped areas less than 8 feet wide on any side must be landscaped with plants that can generally survive with available rainfall once established (although supplemental irrigation may be needed or desirable during summer months). 3. For developments located in the located in the wildland-urban interface area, plants must: a. be able to survive without irrigation once established; b. be fire-resistant or fire-retardant; c. have low fuel volume or high moisture content; d. not be species that tend to accumulate excessive dead wood or debris. ---PAGE BREAK--- Chapter 20.65Chapter 20.50 LandscapingNatural Resource Protection 20.65.08020.50.040 Landscape Material and DesignAgricultural Land Preservation M I S S O U L A Z O N I N G O R D I N A N C E Public Hearing Draft (05-29-2009) – Page 20.65-11 4. Woody plants must be rated to survive in USDA Hardiness Zones 1, 2, 3, 4. B. Trees 1. Deciduous Trees Deciduous trees used to satisfy the requirements of this chapter must have a caliper size of 1.5 inches and the minimum height of 8 feet at time of planting. 2. Evergreen Trees Evergreen trees used to satisfy the requirements of this chapter must have a mini- mum height of 6 feet at time of planting. There is no minimum caliper size for ever- green trees at time of planting. C. Shrubs Shrubs used to satisfy the requirements of this chapter must be at least 5-gallon size and have a minimum 12-inch spread at time of planting. D. Groundcover Plants When ground cover plants are used they must be installed at a minimum rate of one ground cover plant for each 50 square feet of landscape area.Groundcover plants are de- ciduous or evergreen plants that grow low and spread horizontally, not including turf. Groundcover plants used to satisfy the requirements of this chapter must be at least 1- gallon size. E. Mulch All required trees and shrubs must be located within a mulched area and be separated from turf by a minimum distance of 4-foot diameter mulched area feet. Mulch within such areas must comply with the following requirements: 1. Mulch must be applied to provide at a 3-inch (minimum) to 5-inch (maximum) soil cover, with no weed barrier material visible. 2. At least 50% of the total All of the required mulch area must be comprised of or- ganic mulch, such as bark, shredded wood, wood chips, or other organic matter. Mineral mulch such as decorative stone, river stone or tumbled glass may be used in up to 50% of the mulch area. 3. Organic mulch must consist of the following: regionally sourced, fully chipped or shredded, un-splintered wood product or bark chips free of soil, rocks, weeds, met- als, toxins, and foreign objects. Organic mulch must have an average particle size of no more than 2.5 cubic inches. a.Wood chips must be manufactured from clean wood. Wood chips produced from tree trimmings may not contain leaves or twigs, weeds, weed seeds or rocks. The particle size must be between 12 millimeters and 80 millimeters in length, not less than 9 millimeters in width and not less than 2 millimeters in thick- ness. At least 85% (by volume) of shredded bark must conform to these speci- fied sizes. b.Shredded bark may be a mixture of shredded bark and wood. The particle size must be between 3 millimeters and 40 millimeters in thickness and between 25 and 210 millimeters in length. Shredded bark must be free of salt and foreign materials such as clods, course objects, weeds, weed seeds, and rocks. At least 75% (by volume) of shredded bark must conform to these specified sizes. c.Tree bark must have a particle size between 12 millimeters and 40 millimeters and ---PAGE BREAK--- Chapter 20.65Chapter 20.50 LandscapingNatural Resource Protection 20.65.09020.50.040 Installation and MaintenanceAgricultural Land Preservation M I S S O U L A Z O N I N G O R D I N A N C E Public Hearing Draft (05-29-2009) – Page 20.65-12 must be free of salt and foreign materials such as clods, coarse objects, sticks, rocks, weeds, weed seeds and rocks. F. Berms Berms used to satisfy the requirements of this chapter must consist of a mound or bank of earth 2 to 6 feet in height, planted with vegetation, with a slope not exceeding one foot of rise for each 2 feet of run. G. Fences and Walls All fences and walls are subject to Chapter 12.30 of the municipal code. Chain-link fences may not be used to satisfy any of the requirements of this chapter. 20.65.090 Installation and Maintenance A. Installation Landscaping must be installed in accordance with the requirements of this chapter and the approved landscape plan. B. Irrigation If the landscape design incorporates plants that require seasonal watering, automatic irri- gation systems in conformance with the current adopted plumbing codes with back flow prevention must be provided to maintain the landscaping in healthy, attractive condition. C. Maintenance It is the responsibility of the property owner to maintain required landscaping in accor- dance with an approved maintenance plan. The maintenance plan must include methods for providing the following: 1. consistent irrigation, 2. integrated pest management, 3. fertilization, 4. tree care and pruning, 5. replacement of lost vegetation, and 6. weed management consistent with the Missoula County Weed Management Plan. D. Timing of Installation 1. Required landscaping must be installed in complete and healthy condition, with op- erational irrigation in place, before a final occupancy permit may be issued. 2. If weather does not permit installation of required landscaping before issuance of a final occupancy permit, a temporary occupancy permit may be issued if the appli- cant provides a performance bond or other form of financial security and written as- surance that the planting will occur during the next growing season. The security and assurances must be in a form approved by the city attorney. The financial secu- rity must in an amount deemed adequate by the zoning officer to cover the cost of completing the required landscaping (materials and labor), as indicated by the ap- plicant’s landscape architect or landscape contractor. Commentary: Boulevard maintenance plans must comply with Chapter 12.32 and Chapter 12.48. ---PAGE BREAK--- Chapter 20.65Chapter 20.50 LandscapingNatural Resource Protection 20.65.10020.50.040 Alternative ComplianceAgricultural Land Preservation M I S S O U L A Z O N I N G O R D I N A N C E Public Hearing Draft (05-29-2009) – Page 20.65-13 20.65.100 Alternative Compliance An applicant proposing to deviate from strict compliance with the landscaping requirements of this chap- ter may do one of the following: A. Request alternative compliance review (design review) in accordance with the procedures of 20.85.080. B. Submit a landscape plan, covering the limits of the project, prepared and stamped by a landscape architect licensed in the State of Montana.written statement prepared by a li- censed landscape architect describing how the proposed landscaping is at least as effective in meeting the intent of the regulations of this chapter as strict compliance with the regu- lations. The statement must be stamped by a landscape architect licensed in the State of Montana. ---PAGE BREAK--- ---PAGE BREAK--- M I S S O U L A Z O N I N G O R D I N A N C E Public Hearing Draft (05-29-2009) – Page 20.70-1 Chapter 20.70 Miscellaneous Regulations 20.70.010 Unzoned 20.70-1 20.70.010 Unzoned Areas A. Zoning Compliance Permits for New Buildings, Structures or Uses 1. A zoning compliance permit for a new principal building, principal structure, prin- cipal use, accessory building, accessory structure or accessory use on unzoned land land that has not been assigned a city zoning classification) may be issued by the zoning officer if the zoning officer determines that at least 2 of the following cri- teria are met: a. the proposed development would have been allowed by the county zoning regulations in effect at the time of annexation; b. the proposed development is consistent with the land use recommendations of the adopted Growth Policy; c. the proposed development is consistent with Growth Policy goals, objectives and policies; d. the proposed development is located in an approved subdivision that complies with the approved subdivision plat and any conditions placed on the subdivi- sion; e. the proposed development is substantially the same as or compatible with the existing or allowed land uses (based on zoning or Growth Policy designations) of 50% or more of the properties located within 300 feet of the subject prop- erty. 2. If the zoning officer determines that the proposed development does not comply with at least 2 of the criteria in 20.70.010A.1, the zoning officer may not issue a zon- ing compliance permit. Decisions to deny a zoning compliance permit for unzoned land may be appealed in accordance with 20.85.120F.2. B. Zoning Compliance Permit for Existing Use or Occupancy The zoning officer may issue a zoning compliance permit for an existing use or building occupancy on unzoned land, including building additions, after determining that: 1. the building, structure or use is a continuation of an existing nonconforming use under the county zoning classification in effect at the time of annexation; or 2. the building, structure or use is pursuant to a variance granted by the county board of adjustment. C. Zoning Compliance Permit for Seasonal Activity Business Licenses A zoning compliance permit may be issued by the zoning officer for seasonal activities on unzoned land if the area is not designed for residential use in the Growth Policy. All other provisions of general zoning regulations apply. ---PAGE BREAK--- Chapter 20.70Chapter 20.50 Miscellaneous RegulationsNatural Resource Protection 20.70.01020.50.040 Unzoned AreasAgricultural Land Preservation M I S S O U L A Z O N I N G O R D I N A N C E Public Hearing Draft (05-29-2009) – Page 20.70-2 D. Nonconformities in Unzoned Areas 1. Any change of a nonconforming use on unzoned land must comply with 20.80.040B. The zoning compliance permit must state that the replacement use is nonconforming. 2. Nonconforming uses on unzoned land are subject to provisions of 20.80.040F (Loss of Nonconforming Status). Once a use located on unzoned land loses its noncon- forming status, any new or replacement use must comply with 20.70.010A through 20.70.010D. 3. Nonconforming structures on unzoned land are subject to provisions of 20.80.030F (Loss of Nonconforming Status). Once a structure located on unzoned land loses its nonconforming status, any new or replacement structure must comply with 20.70.010A through 20.70.010D. E. Compliance with General Zoning Regulations When a proposed development on unzoned land is determined to be in compliance with 20.70.010A through 20.70.010D, it will be subject to general zoning regulations with re- spect to any new, expanded or changed land uses. Further, all new construction and addi- tions to existing buildings are subject to the following setback and height regulations: Minimum Setback (feet) Front Street Side Interior Side Rear Maximum Height (feet) Residential (Principal Structure) 20 10 7.5 20 35 Residential (Detached Accessory Structures) 20 20 5 5 22 Nonresidential (Principal Structure) 20 10 0 10 35 ---PAGE BREAK--- M I S S O U L A Z O N I N G O R D I N A N C E Public Hearing Draft (05-29-2009) – Page 20.75-1 Chapter 20.75 Signs 20.75.010 Purpose 20.75-1 20.75.020 General Sign Regulations 20.75-1 20.75.030 Prohibited Signs and Sign Characteristics 20.75-2 20.75.040 Signs Allowed Without a Sign 20.75-3 20.75.050 Signs in Residential and Open Space/Public 20.75-4 20.75.060 Signs in Nonresidential Districts 20.75-4 20.75.070 Regulations of Specific Types of Signs 20.75-6 20.75.080 Signs for Businesses that Lack Street Frontage 20.75-11 20.75.090 Off-Premise Sign 20.75-11 20.75.100 Special Signs; Review by the Design Review 20.75-12 20.75.110 Maintenance and 20.75-13 20.75.120 Nonconforming Signs 20.75-14 20.75.130 Sign Variances 20.75-14 20.75.140 Administration and 20.75-14 20.75.150 Violations, Penalties and Enforcement 20.75-15 20.75.160 Off-Premise 20.75-15 20.75.170 Measurement Rules 20.75-16 20.75.010 Purpose The sign regulations of this chapter are intended to protect the health, safety, and general welfare by estab- lishing standards for the design, construction, location, illumination, and maintenance of all signs and sign structures. The city council declares that such regulations are necessary and desirable for the follow- ing reasons: A. to protect the public safety by ensuring that traffic signs and devices are easily visible and free from obstruction or other distraction caused by improper use of signs; B. to ensure that signs are designed, constructed, installed and maintained in a way that pro- tects life, health, property, and the public welfare, especially during periods of high winds; C. to support the desired character of Missoula, as expressed in adopted city plans and poli- cies; D. to promote an attractive visual environment; E. to control the size, placement, and use of signs and other attention-gathering parapherna- lia in order to preserve the right of citizens to enjoy Missoula’s natural scenic beauty; F. to address the ongoing technological advancements in the sign industry that continue to result in new sign types; and G. to ensure fair and equitable treatment of sign users. 20.75.020 General Sign Regulations The general sign regulations of this section are applicable to all allowed signs unless otherwise expressly stated. A. Property Owner’s Responsibility Each property owner is responsible for proper permitting, installation, and maintenance of all signs on their property. B. Noncommercial Messages Any sign allowed under this chapter may contain, in lieu of any other message or copy, any lawful noncommercial message that does not direct attention to a business operated for profit, or to a product, commodity or service for sale or lease, or to any other com- ---PAGE BREAK--- Chapter 20.75Chapter 20.50 SignsNatural Resource Protection 20.75.03020.50.040 Prohibited Signs and Sign CharacteristicsAgricultural Land Preservation M I S S O U L A Z O N I N G O R D I N A N C E Public Hearing Draft (05-29-2009) – Page 20.75-2 mercial interest or activity, so long as the sign complies with the size, height, area and other requirements of this chapter. Authorized decision-making bodies may not consider the content of speech of the viewpoint of the speaker when taking action to approve or deny sign permits or other application for signs. C. Placement of Allowed Signs 1. Except as otherwise expressly stated, wall signs allowed on a parcel may be placed on building frontage and ground signs may be placed along any frontage upon which the parcel has frontage. 2. No sign or supporting structure may extend beyond the property except as other- wise expressly stated. 3. Allowed signs above sidewalks and other pedestrian areas must maintain a vertical clearance from the ground of at least 8 feet. 4. Signs and supporting structures that overhang or extend within vehicle traffic lanes or parking spaces must have a minimum vertical clearance of 14 feet. D. Construction Construction and erection of all signs and supporting structures must comply with the International Building Code (commercial), as adopted by the city council. Building per- mits are required for all ground signs over 6 feet in height. 20.75.030 Prohibited Signs and Sign Characteristics The following signs are expressly prohibited in all zoning districts unless expressly allowed by other provi- sions of this zoning ordinance: A. Signs that resemble an official traffic sign or signal, and signs that resemble traffic signs because they predominately display the words “STOP,” “GO SLOW,” “CAUTION,” “DANGER,” “WARNING,” or similar words that are commonly used by agencies of gov- ernment and construction contractors to draw attention to traffic or roadway hazards; B. Strings, lines or streamers of exposed light bulbs, except traditional holiday decorations; C. Exposed light bulbs exceeding 12 watts; D. Flashing, blinking or scintillating signs; E. Animated signs, except for those expressly allowed by the dynamic display regulations of 20.75.070F; F. Roof signs; G. Signs that are located so as to obstruct the view of traffic-control devices or automobiles at intersections or pedestrians at marked crosswalks, as determined by the city engineer. H. Dynamic display billboards; I. Mobile billboards; J. Signs that are written upon, temporarily or permanently placed upon or attached to a motor vehicle or trailer that advertises the price of any product or service, indicate hours of business, or advertise special business events or sales. This restriction is intended to prohibit the use of motor vehicles or trailers for on-premises or off-premises advertising. This restriction is not intended to be construed to prohibit signs on vehicles that carry a firm name, telephone number, address of business, major enterprise, principal products or service; and this restriction is not intended to be construed to limit political signs mounted on vehicles; ---PAGE BREAK--- Chapter 20.75Chapter 20.50 SignsNatural Resource Protection 20.75.04020.50.040 Signs Allowed Without a Sign PermitAgricultural Land Preservation M I S S O U L A Z O N I N G O R D I N A N C E Public Hearing Draft (05-29-2009) – Page 20.75-3 K. Searchlights; L. Temporary (portable) changeable copy signs, except that such signs may, after review and approval of a sign permit, be used to announce and advertise the grand opening of a new business or business under complete new ownership for a period of no more than 2 weeks; M. Banners, flags, pennants, streamers, spinners or other types of wind signs, except that such signs and devices may, after review and approval of a sign permit, be used to an- nounce and advertise the grand opening of a new business or business under complete new ownership for a period of no more than 2 weeks; and N. Signs not expressly allowed by the regulations of this chapter. 20.75.040 Signs Allowed Without a Sign Permit The following signs are allowed without a permit and are not counted toward the applicable limits on the number or area of signs allowed. In order to be exempt from sign permit requirements, such signs may not be directly illuminated, cause glare, or cast light onto adjacent property: A. Address and nameplate signs on all buildings, not exceeding 4 square feet in area; B. Directional signs—up to 6 per business with none exceeding 6 square feet in area. Com- mercial messages may comprise no more than 50% of the area of any directional sign; C. Temporary signs protecting private property or identifying property hazards; and D. The following temporary signs, provided they are removed upon completion of the activ- ity (in real estate, “completion” means closing) or activity identified on the sign: 1. Identifying the location of garage and yard sales, not exceeding 6 square feet in area; 2. Advertising property for sale, lease or rent, including open-house directional signs, not exceeding 6 square feet in area in residential zoning districts or 32 square feet in area in nonresidential districts. (Larger signs in nonresidential zoning districts may be erected in compliance with the area limitations and permit requirements of the subject zoning district); 3. Contractor, developer, or construction-project identification signs, not exceeding 32 square feet in area; 4. Notices posted by public agencies notice of proposed rezoning); 5. Public utility signs and safety signs required by law; 6. Political signs located on private property, limited to a maximum of 20 square feet in area per sign; 7. Signs located on private property that are not visible from any public right-of-way or public lands; 8. Seasonal signs and holiday decorations erected for periods of time not exceeding the customary duration of general celebration; 9. Barber-pole signs not exceeding 4 feet in height or 6 square feet in area, attached to a building; 10. Incidental signs not exceeding 2 square feet in area, subject to 20.75.070D; and 11. National register district identification signs. ---PAGE BREAK--- Chapter 20.75Chapter 20.50 SignsNatural Resource Protection 20.75.05020.50.040 Signs in Residential and Open Space/Public DistrictsAgricultural Land Preservation M I S S O U L A Z O N I N G O R D I N A N C E Public Hearing Draft (05-29-2009) – Page 20.75-4 20.75.050 Signs in Residential and Open Space/Public Districts A. The regulations of 20.75.040 apply to detached houses, lot line houses, townhouses and two-unit houses in R and OP districts. B. Signs for other uses allowed in R and OP districts are subject to the following standards: District/ Sign Type Maximum Num- ber Maximum Area (sq. ft.) Maximum Height (feet) R215, R80, R40, R20, RT10, R8, R5.4, R3, OP1, OP3 ŊWall 1 12 6 ŊGround 1[1] 8 6 ŊOther Signs See 20.75.040 and 20.75.070 RT5.4, RT2.7, RM2.7, RM1.5, RM1, RM0.5, RMH, OP2 ŊWall 1 24 22[2] ŊGround 1[1] 8 6 ŊOther Signs See 20.75.040 and 20.75.070 Where a parcel contains nonintersecting lot street frontage on 2 or more streets, a sign is permitted on each nonintersecting street. The formula for each sign is the same as the formula used to determine the maximum al- lowable for one ground sign. Wall sign height limit also applies to signs on canopy structures, such as porte-cocheres and all other struc- tures. Such signs are subject to all other wall sign regulations of this chapter. 20.75.060 Signs in Nonresidential Districts A. B1 and B2 Districts 1. Applicability The sign regulations of this subsection (20.75.060A) apply in B1 and B2 districts. 2. Signs Permitted a. The regulations of 20.75.040 apply to detached houses, lot line houses, town- houses and two-unit houses in B1 and B2 districts. b. All other uses allowed in B1 and B2 districts are subject to the following stan- dards: Sign Type/Districts Maximum Number Maximum Area (sq. ft) Maximum Height (feet) ŊWall[1] 1 per building frontage 50 22[1] ŊGround 1 per parcel 16 6 ŊOther Signs See 20.75.040 and 20.75.070 Wall sign height limit also applies to signs on canopy structures, such as gasoline station canopies and porte- cocheres, and all other structures. Such signs are subject to all other wall sign regulations of this chapter. Where a parcel contains nonintersecting lot street frontage on 2 or more streets, a sign is permitted on each nonintersecting street. The formula for each sign is the same as the formula used to determine the maximum al- lowable for one ground sign. B. Commercial and Industrial 1. Applicability The regulations of this subsection apply in C1, C2, M1R, M1 and M2 zoning dis- tricts. ---PAGE BREAK--- Chapter 20.75Chapter 20.50 SignsNatural Resource Protection 20.75.06020.50.040 Signs in Nonresidential DistrictsAgricultural Land Preservation M I S S O U L A Z O N I N G O R D I N A N C E Public Hearing Draft (05-29-2009) – Page 20.75-5 2. Regulations Any sign located within 100 feet of a residential zoning district that is visible from that residential zoning district, is subject to the B1 and B2 district sign regulations of 20.75.060A. Other signs are subject to the following standards. Sign Type Maximum Number Maximum Area Bonus area Maximum Height (feet) ŊWall 1 per building frontage 50 square feet, plus 1 sq. ft. for each foot of building frontage in excess of 50 feet. Parcels without ground signs may increase the area of 1 wall sign by 25%. Each building on a parcel in single ownership may use the 25% wall sign bonus. 22 ŊGround 1 per parcel 50 square feet, plus 1 sq. ft. for each 2 ft. of street frontage in excess of 100 feet to a maxi- mum of 72 sq. ft. An additional 2 sq. ft. in sign area is allowed for each linear ft. the sign is set back from the right-of-way, up to a maximum of 122 sq. ft. 22 ŊProjecting 1 16 square feet, plus 1 sq. ft. for each 3 feet of building frontage in excess of 50 feet, to a maxi- mum of 32 sq. ft. NA 14 ŊOther Signs See 20.75.040 and 20.75.070 Wall sign height limit also applies to signs on canopy structures, such as gasoline station canopies and porte- cocheres, and all other structures. Such signs are subject to all other wall sign regulations of this chapter. Where a parcel contains nonintersecting lot street frontage on 2 or more streets, a sign is permitted on each nonintersecting street. The formula for each sign is the same as the formula used to determine the maximum al- lowable for one ground sign. When the permitted size of a ground sign includes a bonus derived from street frontages on intersecting streets (i.e. a corner lotparcel), the location of the sign must be as close as practicable to the corner of the lotparcel at the street intersection. A projecting sign may be used instead, but not in addition to, a ground sign; projecting signs are not permitted on any building frontage that also contains a wall sign associated with the same business or entity. Projecting signs may have copy on only 2 sides. C. Central Business District 1. Applicability The provisions of this subsection (20.75.060C) apply in the CBD district. 2. Regulations a. Maximum Cumulative Sign Area The total cumulative sign area of all signs on a lotparcel in the CBD district may not exceed 100 square feet plus one square foot of sign area for each 80 square feet of floor area above 5,000 square feet, up to a maximum sign area of 200 square feet. b. Standards for Individual Sign Types In addition to the maximum cumulative sign area limit of 20.75.060C.2.a, in- dividual signs in the CBD district are subject to the following standards: Sign Type/District Number Area Height (feet) ŊWall 1 per building frontage 50 square feet plus 1 square foot for each foot of building front- age in excess of 50 feet 22[1] ŊGround 1 per parcel 32 square feet 14 ŊProjecting 1[3] 12 square feet 14 ---PAGE BREAK--- Chapter 20.75Chapter 20.50 SignsNatural Resource Protection 20.75.07020.50.040 Regulations of Specific Types of SignsAgricultural Land Preservation M I S S O U L A Z O N I N G O R D I N A N C E Public Hearing Draft (05-29-2009) – Page 20.75-6 Sign Type/District Number Area Height (feet) ŊOther Signs See 20.75.040 and 20.75.070 Wall sign height limit also applies to signs on canopy structures, such as gasoline station canopies and porte- cocheres, and all other structures. Such signs are subject to all other wall sign regulations of this chapter. Where a parcel contains nonintersecting lot street frontage on 2 or more streets, a sign is permitted on each nonintersecting street. The formula for each sign is the same as the formula used to determine the maximum al- lowable for one ground sign. A projecting sign may be used instead, but not in addition to, a ground sign; projecting signs are not permitted on any building frontage that also contains a wall sign associated with the same business or entity. Projecting signs may have copy on only 2 sides. D. /NC-SR District Signs in the /NC-SR overlay district may be subject to special regulations. See 20.25.060H. 20.75.070 Regulations of Specific Types of Signs A. Awning Signs 1. When a wall sign and an awning sign are installed on the same building frontage, up to 6 square feet of sign (copy) area may be displayed on the border (valance) or end panels of the awning. This sign (copy) area does not count against the maximum wall sign allowance. Other awning signs do count against the maximum wall sign al- lowance. 2. Letters, logos, and symbols on awning signs are limited to a maximum area of one square foot per one foot of awning length or 25% of the awning area, whichever is less. The total combined length of letters, logos, and symbols may not exceed 70% of awning length. In calculating the length and area of an awning or canopy only the single longest plane of the awning or canopy may be counted. This generally means that the valance and sides (ends) of the awning or canopy are not counted for pur- poses of measuring length or area. B. Hanging Signs Hanging signs must comply with the standards of this subsection. They are allowed in ad- dition to other signs allowed by this chapter, and they do not count against the maximum wall sign allowance. 1. One hanging sign is allowed per public entrance. 2. Hanging signs may be constructed of rigid material, and they may be externally il- luminated. They may not be internally illuminated. 3. Hanging signs must be mounted below the under-side of the marquee or canopy. 4. The lowest point of hanging signs must be at least 8 feet above the sidewalk, drive- way or grade line beneath the sign. 5. Hanging signs may not exceed 10 square feet in area, and may not have more than 2 sign faces. 6. Hanging signs may be mounted on the outer edge or on top of a marquee in such a way that they appear as if the sign is part of the structure itself. C. Window Signs Window signs must comply with the standards of this subsection. Window signs are al- lowed in addition to other signs allowed by this chapter. ---PAGE BREAK--- Chapter 20.75Chapter 20.50 SignsNatural Resource Protection 20.75.07020.50.040 Regulations of Specific Types of SignsAgricultural Land Preservation M I S S O U L A Z O N I N G O R D I N A N C E Public Hearing Draft (05-29-2009) – Page 20.75-7 1. Permanent Window Signs a. Permanent window signs affixed to the interior of a ground floor exterior win- dow are permitted. Not more than 30% of a window may be covered. b. Permanent window signs for businesses that are not located on the ground floor are permitted (see also 20.75.080). Such window signs are permitted only for businesses located within the room situated behind the window on which such signs are located. Not more than 30% of the window may be covered. 2. Temporary Window Signs a. Temporary window signs may be displayed without a permit in ground level windows only, and may include but are not limited to: public notices concern- ing off-premises special events or public meetings, announcements of on- premises special events, and announcements of sales and specials. b. Temporary window signs may not be attached or affixed in any manner to the exterior surface of the window. c. Temporary window signs must be removed on the day following the event as advertised, and at no time may more than 25% of the window area be covered by temporary signs. D. Directory Signs In addition to other allowed signs, multi-tenant developments may have up to one direc- tory sign per building entrance that is open to the general public. Directory signs may not exceed 16 square feet in area and, if freestanding, may not exceed 6 feet in height. E. Manual Changeable-Copy Signs One manual changeable copy signs is allowed per parcel for public and civic uses in R and OP districts and all allowed uses in other districts. Unless otherwise expressly stated, such signs are subject to the sign regulations of the subject zoning district and the following: a. The changeable-copy portion of the sign must be contained within the border of the allowed primary wall or ground sign. b. The changeable-copy portion of the sign may not exceed 40 square feet or 50% of the total area of the sign, whichever is less, and must be computed as part of the sign’s total area. F. Dynamic Displays Dynamic displays on signs are allowed subject to the following regulations: 1. Where Allowed a. Prohibited Locations Dynamic displays are prohibited permitted for public and civic uses in R, and OP and CBD zoning districts. They are also prohibited in historic districts. b. Allowed Locations Dynamic displays are permitted and for all allowed uses in C1, C2, M1 and M2 zoning districts on parcels with frontage on principal arterials, subject to the dynamic display regulations of this subsection.other districts. ---PAGE BREAK--- Chapter 20.75Chapter 20.50 SignsNatural Resource Protection 20.75.07020.50.040 Regulations of Specific Types of SignsAgricultural Land Preservation M I S S O U L A Z O N I N G O R D I N A N C E Public Hearing Draft (05-29-2009) – Page 20.75-8 2. Maximum Dynamic Display Area The dynamic display portion of the sign may not exceed 40 square feet or 50% of the total area of the sign, whichever is less, and must be computed as part of the sign’s total area. The remainder of the sign may not have the capability to have dynamic displays even if not used. Only one, contiguous dynamic display area is allowed on a sign face. 3. Orientation The sign face must be oriented away from adjacent residential uses and zoning dis- tricts. 4.Hold Time Dynamic displays are subject to the following minimum hold times, meaning the display or message may not change or move more often than the stated minimum hold time: Zoning Districts Minimum Hold Time (sec- onds) R and OP 60 B, CBD, C1, and M1R 1 C2, M1, and M2 None 4. Transitions a.R and OP Districts In R and OP zoning districts the images and messages displayed must be com- plete in themselves, without continuation in content to the next image or mes- sage or to any other sign. The images and messages displayed must be static, and the transition from one static display to another (after the minimum hold time) must be instantaneous without any special effects. b.Other Districts In districts other than R and OP zoning districts tThe transition from one image or display to the next must be accomplished in one second or less. Fading, scaling, scrolling, and dissolving effects may be used as part of the transition. 5. Message Duration Each complete message on a dynamic display must be completed within 8 seconds. the following limits: Zoning Districts Message Duration (seconds) R and OP 60 (same as “hold time” B, CBD, C1, and M1R No less than 5; no more than 8 C2, M1, and M2 No more than 8 6. Display Malfunctions The sign owner must stop the dynamic display within 24 hours of receiving notice from the city that it is malfunctioning or otherwise not complying with the stan- dards of this zoning ordinance. 7. Brightness Dynamic displays may not exceed a maximum illumination of 5,000 nits (candelas per square meter) during daylight hours or more than 500 nits during nighttime ---PAGE BREAK--- Chapter 20.75Chapter 20.50 SignsNatural Resource Protection 20.75.07020.50.040 Regulations of Specific Types of SignsAgricultural Land Preservation M I S S O U L A Z O N I N G O R D I N A N C E Public Hearing Draft (05-29-2009) – Page 20.75-9 hours (between dusk and dawn), as measured from the sign’s face at maximum brightness. Dynamic displays must be equipped with automatic dimming technol- ogy that automatically adjusts the display’s brightness based on ambient light condi- tions. 8. Prohibited Display Types Dynamic displays may not use blinking, bursting, distorting, flashing, oscillating, ro- tating, shimmering, sparkling, streaming, tracing or twinkling effects. Audio or py- rotechnic elements are also prohibited. 9. Nonconformities Dynamic displays existing on [insert effective date] must comply with all the opera- tional standards of this subsection. An existing dynamic display that does not meet the structural requirements of 20.75.070F.2 may continue as a nonconforming sign subject to the nonconforming sign regulations of 20.75.120. An existing dynamic display that cannot meet the minimum size requirement Error! Reference source not found. must use the largest size possible for one line of copy to fit in the avail- able space. 10. Hours of Operation Dynamic displays may not be illuminated during the hours beginning one hour after the business or other operation is closed to the public and ending one hour before the business or other operation is open to the public. Commentary: In the case of dynamic displays used for multiple businesses shopping center), the hours of operation restric- tion will be applied to the business or other operation with the longest public operating hours. G. Changeable Copy Signs for Specific Uses 1. Theaters a. Each indoor cinema or theater is allowed 2 changeable-copy signs (manual or dynamic display) affixed to the building or marquee, so that it may be visible from the street from both directions of approach; b. Signs may be illuminated by indirect or interior lighting; and c. Changeable-copy signs for theaters may include up to 60 square feet per thea- ter screen or auditorium up to a maximum 180 square feet total sign area. 2. Service Stations Service stations may erect one changeable copy (wall or ground) sign as allowed by 20.75.070E or 20.75.070F, and gasoline price signs as follows: a. Manual or dynamic display changeable-copy signs may be used to display the current price of fuel; b. One sign is allowed per street frontage on which the station gains access; c. Signs may not be larger than 15 square feet in area; d. Signs may be double-faced and illuminated either by indirect or internal light- ing; and e. Electronic readerboards or digital display signs may be used to display fuel prices provided The numbers, letters, and characters may be displayed in no more than 2 colors. ---PAGE BREAK--- Chapter 20.75Chapter 20.50 SignsNatural Resource Protection 20.75.07020.50.040 Regulations of Specific Types of SignsAgricultural Land Preservation M I S S O U L A Z O N I N G O R D I N A N C E Public Hearing Draft (05-29-2009) – Page 20.75-10 H. Sidewalk Signs 1. Sidewalk signs must comply with all applicable standards regarding total square footage allowances. 2. Sidewalk signs are permitted with the following conditions: a. No Ground Signs Sidewalks signs are allowed only on parcels that have no ground signs. b. Number Each business may have one sidewalk sign, regardless of frontage. c. Size and Height Sidewalk signs may have no more than 2 faces and are limited to 5 feet in height and 3 feet in width. d. Location Sidewalk signs must be placed immediately in front of the building being occupied by the advertiser on the sign. Sidewalk signs must be placed to accommodate a minimum 6-foot pe- destrian clear zone on the sidewalk. If there is no sidewalk, sidewalk signs are permitted only on parcels that do not have a ground sign. The placement of sidewalk signs must not create a traffic hazard as de- termined by the city engineer and may not be placed in state highway right-of-way without permission of the state highway department. Sidewalk signs may be displayed during business hours only. I. Menu Board Signs Menu board signs accessory to allowed drive-through uses are permitted in addition to other allowed signs, as follows: 1. Number and Dimensions a. Primary Menu Board One primary menu board not to exceed 36 square feet in area or 8 feet in height is allowed per order station, up to a maximum of 2 primary menu boards per parcel. b. Secondary Menu Board One secondary menu board not to exceed 16 square feet in area or 6 feet in height is allowed per parcel. 2. Visibility Menu board signs are intended to convey information to motorists within the boundaries of the development site and therefore may not be located or oriented to be legible from off-site. J. Bus Stops Signs on bus stop benches and transit shelters are allowed in any zoning district subject to the following standards: ---PAGE BREAK--- Chapter 20.75Chapter 20.50 SignsNatural Resource Protection 20.75.08020.50.040 Signs for Businesses that Lack Street FrontageAgricultural Land Preservation M I S S O U L A Z O N I N G O R D I N A N C E Public Hearing Draft (05-29-2009) – Page 20.75-11 1. This allowance extends only to those benches and shelters placed under agreement with the City of Missoula at locations specified by the Missoula Urban Transit Dis- trict. 2. Signs on bus stop benches and transit shelters are subject to all the traffic safety and maintenance-related provisions of this chapter. 3. For the purpose of enforcing traffic safety and maintenance requirements, benches and shelters are considered part of the sign. 4. Signs are restricted to the side of the bench backrest or shelter that faces the public right̂of̂way and may not extend above or beyond the bench or the top of the shel- ter. 5. Signs may not be illuminated, and signs on shelters may not exceed 32 square feet in area. Off-premise signs are allowed. 20.75.080 Signs for Businesses that Lack Street Frontage Businesses that do not have ground floor building frontage or that are not visible from a public street may erect and use the following sign types. A. Window signs as allowed by20.75.070C; B. Sidewalk signs as allowed by 20.75.070H, provided that it is not directly illuminated or hang to allow swinging movement; C. One wall-mounted sign that is not directly illuminated and that does not exceed 4 square feet in area; or. D. One building directory sign per public building entrance. Such signs may not be directly illuminated and may not exceed 8 square feet in area. 20.75.090 Off-Premise Sign Options Off-premise signs may be permitted on some parcels to compensate for certain locational problems that create severe practical difficulties with adherence to this chapter. A. Special Exception The board of adjustment must grant a special exception for an off-premises sign prior to a permit being issued. The board of adjustment may grant a special exception if all of the following conditions apply: 1. The location of the business precludes the placement of a sign that is visible from a street or the business is located on a parcel that does not abut a public street; and 2. The use for which a special exception for an off-premises sign is requested is not in a residential zoning district. B. Standards 1. Off-premises signs must comply with the strictest ground sign regulations of the dis- trict in which they are located. 2. If a business that qualifies for an off-premises sign elects to combine its sign with an on-premises sign of another business, the total square footage of the resulting ground sign identifying two businesses may equal the combined maximum ground sign for each business. ---PAGE BREAK--- Chapter 20.75Chapter 20.50 SignsNatural Resource Protection 20.75.10020.50.040 Special Signs; Review by the Design Review BoardAgricultural Land Preservation M I S S O U L A Z O N I N G O R D I N A N C E Public Hearing Draft (05-29-2009) – Page 20.75-12 3. An off-premise sign that in part identifies a private business as a donor of the sign constitutes an off-premise sign of the business donor. 20.75.100 Special Signs; Review by the Design Review Board A. Purpose and Applicability Signs that do not lend themselves to the measurement provisions of this chapter or signs designed for a special and unique purpose, or signs that are deemed aesthetically superior by the design review board may be permitted in any zoning district when, following re- view and public hearing, the design review board finds such signs in conformance with the overall purpose and intent of this chapter and appropriate to the type of development or structure to which they are related. B. Special Sign Classes 1. Aesthetically Superior Signs Signs that meet the overall intent and purposes of this chapter but that are not in strict compliance with the regulations of this chapter may be approved when the de- sign review board finds that the grant of approval would result in a superior design for the overall site in terms of the quality of materials, lighting, and overall coordi- nation of the design of signs on the site. 2. Signs as Part of Building Signs that are not in strict compliance with the regulations of this chapter may be approved when the design review board determines that the signs and the building are part of a comprehensive design plan that meets the overall intent and purposes of this chapter. 3. Special Districts Proposed signs in areas where special zoning districts are in force must be reviewed by the design review board. The design review board is responsible for determining if the signs meet the overall intent and purposes of this chapter and the require- ments of this section. Signs requiring approval by the design review board include those proposed for construction or erection in the following special districts: /PUD; /NC-B (Boulevard), /H (Historic) and /NC-SR (Southside Riverfront) districts. 4. Historic, Artistic and Landmark Signs (Existing) The design review board may declare that an existing sign makes a significant artistic or historic contribution to the community or neighborhood in which the sign is cur- rently located. This declaration, which may be made only at the request of the owner or lessee of the sign, entitles its owner or lessee to continue using the sign subject to the maintenance requirements of 20.75.110. 5. Building Graphics The design review board may approve a proposed building graphic if they determine that the building graphic will make a positive contribution to the building and sur- rounding area’s appearance enhance the beauty of its location and will otherwise be in keeping with the intent of this zoning ordinance. ---PAGE BREAK--- Chapter 20.75Chapter 20.50 SignsNatural Resource Protection 20.75.11020.50.040 Maintenance and RemovalAgricultural Land Preservation M I S S O U L A Z O N I N G O R D I N A N C E Public Hearing Draft (05-29-2009) – Page 20.75-13 20.75.110 Maintenance and Removal A. Identification Tag Any wall or ground sign for which a permit is required by this chapter must have perma- nently affixed to it a permit identification tag. This tag must consist of such material that the tag itself and the identifying copy on it must remain permanent and legible. The tag must be of such size and affixed in such a location on the sign so as to allow inspection of the tag from the ground by the building inspector. The owner of the sign is responsible for acquiring the ID tag and attaching it to the sign. The owner is likewise responsible for maintenance of the ID tag as stated in 20.75.110B of this section. B. Maintenance All signs and their identification tags, supports, braces, guys, anchors, and electrical equipment must be kept fully operable and maintained in a safe, neat, clean, and attrac- tive condition or the signs must be removed. Failure to comply with the maintenance provisions of this chapter constitutes a violation and is subject to enforcement proceed- ings under 20.75.140. C. Unsafe, Inadequately Maintained, and Abandoned Signs 1. The building inspector is authorized to require the removal of any sign found to be unsafe or not as required by this chapter. Before bringing such action to require re- moval of an unsafe or inadequately maintained sign, the building inspector must provide written notice to the owner of the sign or the owner of the premises on which the sign is located. The notice must specify that within 30 days the illegal sign must be removed or brought into compliance with this section. The notice must state the reasons for removal, specifying the deficiencies and violations; and such notice must specify what repairs, if any, will make the sign and its support conform to the construction and maintenance requirements of this chapter. Notice must be given in person to the sign owner or lessee, or given to the owner or lessee by certi- fied mail. The building inspector is not authorized to require removal of a sign des- ignated as a Historic, Artistic or Landmark Sign in accordance with 20.75.100B.4. 2. If the owner or lessee of the sign fails to remove the sign within the allowed time af- ter receiving written notice, the building inspector is authorized to remove the sign at the owner’s expense. D. Dangerous Signs If the building inspector finds that any sign or sign support is in violation of this section or 20.75.110 of this chapter and that by reason of its condition it presents an immediate danger to the public, they must order either immediate repair or immediate removal. The building inspector is authorized to remove the sign if the person responsible cannot be found or refuses to repair or remove the sign within 10 days. E. Abandoned Signs Any person who owns or leases a sign must remove the sign within 30 days after it be- comes an abandoned sign as defined by this chapter. If the owner or lessee cannot be lo- cated, the city building inspector is authorized to remove the sign. The cost of removal must be borne by the owner of the sign. In the event that the sign structure complies with the regulations of this chapter, the zoning officer may approve a sign permit to install a blank insert for the structure. ---PAGE BREAK--- Chapter 20.75Chapter 20.50 SignsNatural Resource Protection 20.75.12020.50.040 Nonconforming SignsAgricultural Land Preservation M I S S O U L A Z O N I N G O R D I N A N C E Public Hearing Draft (05-29-2009) – Page 20.75-14 20.75.120 Nonconforming Signs A. Description A nonconforming sign is any sign or sign structure that was lawfully established but no longer complies with the sign regulations of this zoning ordinance. B. General Nonconforming signs may remain, subject to the regulations of this section. Noncon- forming signs must be maintained in sound condition and appearance. C. Alterations 1. Change of copy or the substitution of panels or faces on nonconforming signs is permitted without affecting the legal status of a sign as a nonconforming sign, sub- ject to applicable permit requirements. No other alterations are allowed, except for routine maintenance and repair. 2. Any nonconforming sign that is structurally altered, relocated on the same or an- other lotparcel or that is replaced must immediately comply with all provisions of this zoning ordinance. 3. Any sign, however, that is accidentally damaged or destroyed may be repaired or re- placed within 90 days to the sign’s original condition subject to the permit require- ment of this chapter. 20.75.130 Sign Variances A. The board of adjustment is authorized to grant variances from the sign regulations of this Chapter 20.75) in accordance with the variance procedures of 20.85.090. B. Sign variances may be approved only when the board of adjustment finds that literal en- forcement of the sign regulations of this chapter will result in unnecessary hardship to the applicant that were not brought about by an act of the applicant, or when strict applica- tion of the provisions of this chapter would be unreasonable for particular sign. C. An “unnecessary hardship” related to a sign may result from the size, shape, location or dimensions of a site, or the existing structures located on the site, or from geographic, to- pographic or other physical conditions on the site or in the immediate (adjacent) vicinity that are unique to the applicant's site. The board of adjustment, in approving any vari- ance based on such physical hardship, must allow only the minimum variance necessary to overcome the unnecessary hardship, in keeping with the intent and purposes of this chapter. D. The board may not base variance decisions on problems or requirements unique to a par- ticular industry or business of which the applicant may be a member. 20.75.140 Administration and Enforcement A. Permits Required No sign may be erected, constructed, affixed, painted, changed in copy, altered, or relo- cated unless a sign permit authorizing such work has been issued by the zoning officer. No permit is valid for any sign covered by this chapter unless the sign and its location are in compliance with the provisions of this chapter. No permit issued for a sign may be transferred to another property. ---PAGE BREAK--- Chapter 20.75Chapter 20.50 SignsNatural Resource Protection 20.75.15020.50.040 Violations, Penalties and EnforcementAgricultural Land Preservation M I S S O U L A Z O N I N G O R D I N A N C E Public Hearing Draft (05-29-2009) – Page 20.75-15 B. Permit Submittal Requirements Application for a sign permit must be made in writing on forms provided by the zoning officer and include all information required by the zoning officer. C. Permit Fees A sign permit fee for all signs is established by resolution of the city council. This fee must be paid prior to the issuance of any permit to allow the construction of a sign. Failure to obtain a permit as required by this section prior to the performance of the work will result in a double fee. D. Lapse of Sign Permit Approval If a sign authorized by a sign permit issued pursuant to this section is not installed within 180 days after the date of issue, such permit is void. E. Inspections The zoning officer may conduct inspections to determine that signs were erected in com- pliance with the permit issued. The zoning officer is authorized to require the permit holder to dismantle and remove any sign erected in violation of this chapter, or in any way varying from the sign approved prior to the permit being issued. 20.75.150 Violations, Penalties and Enforcement See Chapter 20.91. 20.75.160 Off-Premise Signs A. Purpose The off-premise sign regulations of this section chapter are intended to protect the health, safety, and general welfare of the people residing in and visiting the city and to protect property values, enhance the appearance of the city and promote the tourist industry by limiting the locations at which billboard signs may be allowed to exist within Missoula. B. Prohibited Locations Billboards may not be installed or enlarged after [February 14, 1985] [insert effective date of original ordinance amendment] within any of the following zoning districts: OP1, OP2, B2, B1, CBD or any R zoning district. In addition, new billboards may not be in- stalled within 100 feet of any R-zoned parcel. C. Nonconforming Billboards in R, O, B and CBD Districts 1. All billboards in place within any OP1, OP2, B2, B1, CBD or any R zoning district of the zoning districts or areas listed must be removed by [February 14, 1985] [April 7, 1988] insert effective date of original ordinance amendment + 5 years]. Any bill- board removed pursuant to the preceding sentence may be reinstalled within any of the zoning districts listed in 20.75.160D within 5 years of such removal. Any rein- stallation must be done in compliance with all applicable zoning regulations. 2. Whenever a parcel of land containing any billboard is rezoned or annexed and zoned to an R, O or CBD zoning classification the billboard must be removed within 5 years of the rezoning or, in the case of annexation, within 5 years of the date upon which a city zoning classification is imposed upon the annexed parcel; provided, that any billboards removed pursuant to the preceding sentence may be reinstalled within any of the zoning districts listed in 20.75.160D within 5 years of such re- moval. ---PAGE BREAK--- Chapter 20.75Chapter 20.50 SignsNatural Resource Protection 20.75.17020.50.040 Measurement RulesAgricultural Land Preservation M I S S O U L A Z O N I N G O R D I N A N C E Public Hearing Draft (05-29-2009) – Page 20.75-16 D. Nonconforming Billboards in C1, C2 and M Districts Except as provided in 20.75.160C, billboards may not be installed or enlarged after [Feb- ruary 14, 1985] the effective date of the ordinance codified in this chapter within any of the following zoning districts: C1, C2, M1, M2, and M1R. All billboards in place within any of these zoning districts may remain in place. E. Enforcement Adjacent to Highways Unless the city council directs otherwise, the provisions of 20.75.160C may not be en- forced within 660 feet of federal-aid primary or interstate highways in the city if, as of the date at which enforcement is begun, federal law provides for the automatic imposition of penalties against the city or the state upon the uncompensated abatement of billboards and off-premises signs located within the 660-foot strip of land on either side of such highways. F. Time Extensions for Removal The board of adjustment is authorized to grant an extension of required timeframe for removal of nonconforming billboards the 5-year period referred to in 20.75.160C to any owner or lessee of a billboard. The maximum extension the board may grant is 3 years. In determining whether to grant an extension, and the duration of any extension granted, the board of adjustment must consider: 1. The number of billboards belonging to the applicant that are affected by the removal requirement; 2. The ability and cost to the applicant of relocating affected billboards; 3. Depreciation of billboards for tax purposes; 4. The nature of the applicant’s business and the impact thereon of loss of affected bill- boards; 5. The character of the neighborhood in which affected billboards are situated; and 6. The monopoly or advantage, if any, occurring to the applicant as a result of the im- position of nonconforming use status on the land in which affected billboards are situated. G. Violations and Penalties Any person who violates or fails to comply with the provisions of this chapter is guilty of a misdemeanor and is punishable as provided in Chapter 1.20. Each day a violation exists constitutes a separate offense. In addition to criminal penalties, the city attorney may file an appropriate civil action to prevent any violation from being allowed to continue. 20.75.170 Measurement Rules This section sets forth rules for measuring sign area and other regulated dimensional features. A. Box Signs The area of a box sign (also referred to as a “cabinet sign” sign) is determined based on the outer dimensions of the cabinet. Signs with more than one plane, such as boxes, balls, cylinders, etc., must be computed by determining the total surface area of the box re- quired to enclose the sign divided by 2. ---PAGE BREAK--- Chapter 20.75Chapter 20.50 SignsNatural Resource Protection 20.75.17020.50.040 Measurement RulesAgricultural Land Preservation M I S S O U L A Z O N I N G O R D I N A N C E Public Hearing Draft (05-29-2009) – Page 20.75-17 B. Channel (individual) Letter Signs The area of a sign comprised of individual letters or elements attached to a building wall is determined by calculating the area of the smallest geometric figure (e.g. square, rectan- gle, circle, polygon, etc) that can be drawn around the letters and/or elements, including any material or color used to form a background for the sign or to differentiate the sign from the surface against which it is to be placed. Signs consisting of individual letters and/or elements will be measured as one sign when the distance between the letters and/or elements is less than the largest dimension of the largest sign letter. C. Multi-Sided Signs When the sign faces of a multi-sided sign are parallel or within 30 degrees of parallel, only the largest single side is counted. If the sign faces are not parallel or within 30 degrees of parallel, all sign faces are counted. ---PAGE BREAK--- Chapter 20.75Chapter 20.50 SignsNatural Resource Protection 20.75.17020.50.040 Measurement RulesAgricultural Land Preservation M I S S O U L A Z O N I N G O R D I N A N C E Public Hearing Draft (05-29-2009) – Page 20.75-18 D. Building Frontage Many of the wall sign regulations of this chapter are based on “building frontage.” The following rules govern the measurement of building frontage. 1. For buildings occupied by a single tenant or multiple tenants that access the building via a common entrance, building frontage is the exterior building wall (or walls) that faces a public right of way or (on-site) off-street parking area and that contains a customer building entrance. Allowed wall sign area for a building that has 2 or more building frontages must be calculated on the basis of each individual building front- age. 2. On buildings housing more than one tenant where each tenant has their own exte- rior entrance, a tenant’s building frontage is the exterior building wall (or walls) that directly abut the tenant’s interior floor space and that faces a public right of way or (on-site) off-street parking area and that contains a customer building entrance. A tenant that has 2 or more building frontages must calculate the permitted sign area on the basis of each individual building frontage. ---PAGE BREAK--- Chapter 20.75Chapter 20.50 SignsNatural Resource Protection 20.75.17020.50.040 Measurement RulesAgricultural Land Preservation M I S S O U L A Z O N I N G O R D I N A N C E Public Hearing Draft (05-29-2009) – Page 20.75-19 3. Regardless of the height, number of stories, or number of tenants in a building, building frontage will be determined by one measurement of the horizontal length of the wall at finished grade. Building walls must be measured along a flat, unbroken plane, regardless of the presence of recesses or projections along the building wall. 4. In no instance may the total combined sign area for all signs exceed the maximum allowed sign area for the individual building frontages, as determined in accordance with the provisions of this chapter, provided that in all B, C, and M districts every ground floor tenant with building frontage is allowed a 50-square foot wall sign re- gardless of the length of their building frontage. ---PAGE BREAK--- Chapter 20.75Chapter 20.50 SignsNatural Resource Protection 20.75.17020.50.040 Measurement RulesAgricultural Land Preservation M I S S O U L A Z O N I N G O R D I N A N C E Public Hearing Draft (05-29-2009) – Page 20.75-20 E. Window Area The area of a window includes only the glass or glazed elements of the window. Frames, mullions and similar features are not counted as part of the window area. ---PAGE BREAK--- M I S S O U L A Z O N I N G O R D I N A N C E Public Hearing Draft (05-29-2009) – Page 20.80-1 Chapter 20.80 Nonconformities 20.80.010 General 20.80-1 20.80.020 Nonconforming Lots 20.80-2 20.80.030 Nonconforming Structures 20.80-3 20.80.040 Nonconforming Uses 20.80-4 20.80.050 Nonconforming Signs 20.80-6 20.80.010 General A. Scope The regulations of this chapter govern nonconformities, which are lotparcels, uses and structures that were lawfully established but—because of annexation or the adoption of new or amended regulations—no longer comply with one or more requirements of this zoning ordinance. B. Intent Occasionally, lotparcels, uses, and structures that were lawfully established in com- pliance with all regulations in effect at the time of their establishment) have been made nonconforming because of changes in the zoning regulations that apply to the subject property through annexations, zoning map changes, or amendments to the text of this zoning ordinance). The regulations of this chapter are intended to clarify the effect of such nonconforming status and avoid confusion with “illegal” buildings and uses (those established in violation of applicable zoning regulations). The regulations of this chapter are also intended to: 1. recognize the interests of landowners in continuing to use their property for uses and activities that were lawfully established; 2. promote maintenance, reuse and rehabilitation of existing buildings; and 3. place reasonable limits on nonconformities that have the potential to adversely af- fect surrounding properties. Commentary: Nonconformities typically arise because buildings or uses were established before zoning regulations were first established or because ordinance amendments were adopted after buildings or uses were first (lawfully) established. C. Authority to Continue Any nonconformity that existed on the effective date specified in 20.01.020 or any situa- tion that becomes nonconforming upon adoption of any amendment to this zoning ordi- nance may be continued in accordance with the regulations of this chapter unless other- wise expressly stated. D. Determination of Nonconformity Status 1. The zoning officer is authorized to determine whether adequate proof of noncon- forming status has been provided by the subject landowner. 2. The burden of proving that a nonconformity exists (as opposed to a violation of this zoning ordinance) rests entirely with the subject landowner. 3. A preponderance of the evidence must be provided and be sufficient to show that the nonconformity was lawfully established prior to annexation or prior to the adoption of the subject regulations. Evidence must also indicate that the noncon- formity has been continuous and that it has not lost its nonconforming status. Ex- ---PAGE BREAK--- Chapter 20.80Chapter 20.50 NonconformitiesNatural Resource Protection 20.80.02020.50.040 Nonconforming LotsAgricultural Land Preservation M I S S O U L A Z O N I N G O R D I N A N C E Public Hearing Draft (05-29-2009) – Page 20.80-2 amples of reliable evidence include: business licenses; building permits; zoning compliance permits; city/county billing records; utility billing records; assessment, tax or rent records; and city directory listings. 4. The zoning officer must maintain a record of nonconformities as such informa- tion becomes available. 5. Appeals of the zoning officer’s decision on nonconforming status determinations may be appealed in accordance with 20.85.100. E. Repairs and Maintenance 1. Nonconformities must be maintained to be safe and in good repair. 2. Incidental repairs and normal maintenance necessary to keep a nonconformity in sound condition are permitted unless otherwise expressly prohibited by this zoning ordinance. No structural alterations may be made, except those required to ensure the safety of the building or those otherwise allowed by law or ordinance. 3. Nothing in this chapter is intended to prevent nonconformities from being structur- ally strengthened or restored to a safe condition in accordance with an order from a duly authorized city official. F. Change of Tenancy or Ownership Nonconforming status runs with the land and is not affected by changes of tenancy, own- ership, or management. 20.80.020 Nonconforming Lots A. Description 1. A nonconforming lot is a lawfully created lottract of record, shown on a plat or sur- vey map recorded in the office of the county clerk and recorder that does not com- ply with all applicable minimum lot parcel area or lot parcel width standards of the zoning district in which the lot is located. 2. All nonconforming lots are subject to nonconformity determination provisions of 20.80.010D. B. Use of Nonconforming Lots 1. Any nonconforming lot in an R district may be used as a building site for a single detached house, except as expressly stated in 20.80.020B.3 and 20.80.020B.4. 2. In nonresidential zoning districts, a nonconforming lot may be used as a building site and developed with a use allowed in the subject zoning district, except as ex- pressly stated in 20.80.020B.3 and 20.80.020B.4. If the zoning allows a variety of uses or a variety of intensities of uses and one or more uses or intensities would comply with applicable lotparcel area and lotparcel width standards, while others would not, then only the uses or intensities that comply with applicable standards are permit- ted. 3. When 2 contiguous lots of record are held in common ownership, and when both of the lots of record are nonconforming lots, they will be deemed a single lotparcel for the purpose of meeting applicable lotparcel area and lotparcel width requirements of the zoning district in which they are located. This provision treats contiguous lots under common ownership as merged for the purposes of the zoning regulation of ---PAGE BREAK--- Chapter 20.80Chapter 20.50 NonconformitiesNatural Resource Protection 20.80.03020.50.040 Nonconforming StructuresAgricultural Land Preservation M I S S O U L A Z O N I N G O R D I N A N C E Public Hearing Draft (05-29-2009) – Page 20.80-3 bulk, size, and similar dimensional standards only and does not aggregate individual parcels of land in a manner affected by 76-3-103(17)(b), MCA. 4. A nonconforming lot may not be used as a building site if the land area resulted from: a. the redesign or rearrangement of contiguous nonconforming tracts of record pursuant to a boundary line relocation exemption of the Montana Subdivision and Platting Act occurring after October 23, 2006; or b. the removal or destruction of a structure that utilized contiguous nonconform- ing lots as a single building site. C. LotParcel and Building Standards 1. Development on nonconforming lots must comply with the lotparcel and building standards of the subject zoning district unless otherwise expressly stated. 2. Nonconforming lots may not be adjusted in size or shape to create nonconformity or increase the degree of nonconformity for lotparcel area, lotparcel width, setbacks or other applicable lotparcel and building standards. Lot area or shape adjustments that decrease the extent of nonconformity are allowed. 20.80.030 Nonconforming Structures A. Description 1. A nonconforming structure is any building or structure, other than a sign, that was lawfully established but no longer complies with the lotparcel and building stan- dards of the zoning district in which it is located. 2. All nonconforming structures are subject to nonconformity determination provi- sions of 20.80.010D. B. General Nonconforming structures may remain, subject to the regulations of this section. C. Alterations and Expansions Structural alterations, including enlargements and expansions, are permitted if the pro- posed structural alteration or expansion complies with all applicable lotparcel and build- ing standards. A building with a nonconforming front setback, for example, may be ex- panded to the rear as long as the rear expansion complies with applicable rear setback standards and all other applicable lotparcel and building standards. On the other hand, a multi-dwelling building that is nonconforming with regard to density contains more dwelling units than allowed by the underlying zoning) may not be expanded to add addi- tional dwelling units. Structural alterations ordered by the city to ensure the safety of a building or structure are allowed. D. Use A nonconforming structure may be used for any use allowed in the zoning district in which the structure is located. E. Moving A nonconforming structure may be moved in whole or in part to another location only if the movement or relocation eliminates or reduces the extent of nonconformity. A non- ---PAGE BREAK--- Chapter 20.80Chapter 20.50 NonconformitiesNatural Resource Protection 20.80.04020.50.040 Nonconforming UsesAgricultural Land Preservation M I S S O U L A Z O N I N G O R D I N A N C E Public Hearing Draft (05-29-2009) – Page 20.80-4 conforming structure may be moved to another parcel only if the structure would comply with the zoning regulations that apply to that (relocation) parcel. F. Loss of Nonconforming Status 1. Intentional Damage or Destruction When a nonconforming structure is intentionally destroyed or damaged by causes within the control of the property owner or tenant, all nonconforming structure rights are lost and re-construction of the nonconforming structure is prohibited. 2. Accidental Damage or Destruction When a nonconforming structure is accidentally destroyed or damaged by causes that are not within the control of the owner, the structure may be restored or re- paired provided that no new nonconformities are created and that the existing de- gree of nonconformity is not increased. A building permit to reconstruct a destroyed or damaged structure must be obtained within 12 months of the date of occurrence of such damage. 20.80.040 Nonconforming Uses A. Description 1. A nonconforming use is a land use that was lawfully established in accordance with all zoning regulations in effect at the time of its establishment but that is no longer allowed by the use regulations of the zoning district in which the use is now located. Lawfully established uses that do not comply with any applicable separation (or spacing) distance requirements those that require one land use to be located a certain minimum distance from another land use) are also deemed nonconforming uses. 2. All nonconforming uses are subject to nonconformity determination provisions of 20.80.010D. B. Change of Use 1. A nonconforming use may be changed to any other use that is allowed in the subject zoning district. Once changed to a conforming use, a nonconforming use may not be re-established. 2. The zoning officer is authorized to approve a nonconforming use substitution— substituting one nonconforming use for another nonconforming use that is no more intensive and creates no greater adverse impacts than the previous nonconforming use. In order to approve a zoning compliance permit for a nonconforming use sub- stitution, the zoning officer must determine, based on information provided by the applicant, that the substituted use will cause no net increase in adverse impacts on the surrounding area than the previous nonconforming use of the property. In mak- ing such a determination, the zoning officer must consider all of the following fac- tors, as applicable: a. traffic to and from the site; b. on-street parking availability; c. hours of operation, d. outdoor display, storage and work activities; and ---PAGE BREAK--- Chapter 20.80Chapter 20.50 NonconformitiesNatural Resource Protection 20.80.04020.50.040 Nonconforming UsesAgricultural Land Preservation M I S S O U L A Z O N I N G O R D I N A N C E Public Hearing Draft (05-29-2009) – Page 20.80-5 e. other factors likely to substantially affect the immediate area in which the use is located. 3. A nonconforming use of open-air use land may not be changed to any other non- conforming use of open-air use land. 4. A nonconforming mobile home may be replaced by a manufactured housing unit constructed after June 15, 1976 upon issuance of a zoning compliance permit and a building permit. However, no permits may be issued unless the replacement unit complies with all setback requirements of the subject zoning district or does not in- fringe upon the setbacks of the original mobile home unit. C. Expansion of Use 1. Except as otherwise expressly stated, the zoning officer is authorized, through the administrative adjustment procedures of 20.85.110, to approve expansion of a non- conforming use into another part of the same building as that building existed on the date that the use became nonconforming, provided that the zoning officer de- termines such expansion: a. will not result in a violation of off-street parking or loading requirements; b. will not violate any applicable lotparcel or building standards of the subject zoning district; c. is not an expansion of a nonconforming use of open-air use land; and d. is not an expansion of a nonconforming industrial or manufacturing use in an R district. 2. Nonconforming use expansions other than those authorized under 20.80.040C.1, may only be approved as a variance in accordance with 20.85.090. D. Remodeling and Improvements A building in which a nonconforming use is located may be remodeled or otherwise im- proved as long as the remodeling or improvements do not violate the other regulations of this chapter. E. Moving A nonconforming use may be moved in whole or in part to another location on the same parcel only if the movement or relocation eliminates or reduces the extent of noncon- formity. A nonconforming use may be moved to another parcel only if the use is allowed under the zoning regulations that apply to that (relocation) parcel. F. Loss of Nonconforming Status 1. Abandonment a. Once a nonconforming use is abandoned, its nonconforming status is lost and any new, replacement use must comply with the regulations of the zoning dis- trict in which it is located. b. A nonconforming use is presumed abandoned when the use is discontinued or ceases for a continuous period of one year or more. c. A nonconforming use of open-air use land is presumed abandoned when the use is discontinued for a continuous period of 6 months or more. ---PAGE BREAK--- Chapter 20.80Chapter 20.50 NonconformitiesNatural Resource Protection 20.80.05020.50.040 Nonconforming SignsAgricultural Land Preservation M I S S O U L A Z O N I N G O R D I N A N C E Public Hearing Draft (05-29-2009) – Page 20.80-6 d. The presumption of abandonment may be rebutted upon showing, to the satis- faction of the zoning officers, that during such period the owner of the land or structure has been: maintaining the land and structure in accordance with all applicable mu- nicipal code requirements and did not intend to discontinue the use; actively and continuously marketing the land or structure for sale or lease for that particular nonconforming use; or engaged in other activities that affirmatively prove there was not intent to abandon. e. Any period of discontinued use caused by government action, unintended fire or natural disaster will not be counted in calculating the length of discontinu- ance. 2. Change to Conforming Use If a nonconforming use is changed to a conforming use, no matter how short the pe- riod of time, all nonconforming use rights are lost and re-establishment of the non- conforming use is prohibited. 3. Intentional Destruction When a building containing a nonconforming use is intentionally damaged by causes within the control of the owner, re-establishment of the nonconforming use is prohibited. 4. Accidental Damage or Destruction When a building containing a nonconforming use is accidentally destroyed or dam- aged by causes that are not within the control of the property owner or tenant, the building may be restored or repaired provided that no new nonconformities are cre- ated and that the existing degree of nonconformity is not increased. A building per- mit to reconstruct a destroyed or damaged structure must be obtained within 12 months of the date of occurrence of such damage. 20.80.050 Nonconforming Signs Nonconforming signs are addressed in Chapter 20.75. ---PAGE BREAK--- M I S S O U L A Z O N I N G O R D I N A N C E Public Hearing Draft (05-29-2009) – Page 20.85-1 Chapter 20.85 Review and Approval Procedures 20.85.010 Review and Decision-making Authority (Summary Table) 20.85-1 20.85.020 Common 20.85-2 20.85.030 Review and Decision-Making Criteria; Burden of Proof or 20.85-4 20.85.040 Text 20.85-5 20.85.050 Zoning Map Amendments 20.85-6 20.85.060 Planned Unit 20.85-9 20.85.070 Conditional 20.85-12 20.85.080 Design 20.85-15 20.85.090 20.85-18 20.85.100 Appeals of Administrative 20.85-20 20.85.110 Administrative 20.85-22 20.85.120 Zoning Compliance Permits 20.85-25 20.85.130 Zoning Compliance 20.85-26 20.85.140 Final Zoning Compliance Approval 20.85-28 20.85.010 Review and Decision-making Authority (Summary Table) The following table provides a summary of the review and approval procedures of this chapter. In the event of conflict between this summary table and the detailed procedures contained elsewhere in this chapter, the detailed procedures govern. Procedure Zoning Officer Design Review Board Board of Adjustment Planning Board City Council (N)ewspaper (M)ailed (P)osted Procedures Requiring a Public Hearing Text Amendments R – – N,M,P Zoning Map Amendments R – – N,M,P Planned Unit Developments (PUDs) ŊPreliminary Development Plan R – – N,M,P ŊFinal Development Plan DM – – – Conditional Uses R – N,M,P Design Review R – – N,M,P Variances R – – – N,M,P Appeals of Administrative Decisions – – – – N,M,P Procedures that do not Require a Public Hearing Administrative Adjustments DM – – – M, P Zoning Compliance Permits ŊZoned Land DM – – – ŊUnzoned Land DM – – – Zoning Compliance Review ŊZoned Land DM – – – ŊUnzoned Land DM – – – Final Zoning Compliance Approval DM – Notes: R = Review Body (Responsible for Review and Recommendation) DM = Decision-Making Body (Responsible for Final Decision to Approve or Deny) A = Local (de novo, non-judicial) appeal < > = Public Hearing Required Appeal processed as a variance ---PAGE BREAK--- Chapter 20.85Chapter 20.50 Review and Approval ProceduresNatural Resource Protection 20.85.02020.50.040 Common ProvisionsAgricultural Land Preservation M I S S O U L A Z O N I N G O R D I N A N C E Public Hearing Draft (05-29-2009) – Page 20.85-2 20.85.020 Common Provisions A. Applicability 1. The provisions of this section apply to all the procedures in this chapter unless oth- erwise expressly stated. This section is mostly new B. Preapplication Consultations 1. Preapplication consultations are required whenever the provisions of this zoning ordinance expressly state that they are required. They are encouraged in all cases. 2. Required preapplication consultations must be sched- uled with staff of the office of planning and grants. C. Application Submittal 1. Form of Application Applications required under this zoning ordinance must be submitted in a form and in such numbers as required by the zoning officer. The zoning officer must develop checklists of application submittal require- ments and make those checklists available to the public. Application forms and checklists of required submittal information are available in the office of planning and grants. 2. Completeness and Accuracy Review a. An application will be considered complete and ready for processing only if it is submitted in the required number and form, includes all required information and is accompanied by the required filing fee. b. If an application is determined to be incomplete, the zoning officer must pro- vide paper or electronic written notice to the applicant along with an explana- tion of all known deficiencies in the application that will prevent competent review of the application. No further processing of the application will occur until the deficiencies are corrected. If the deficiencies are not corrected by the applicant within 60 days, the application will be considered withdrawn. c. No further processing of incomplete applications will occur, and incomplete applications will be pulled from the processing cycle. When the deficiencies are corrected, the application will be placed in the next available processing cycle. d. The zoning officer may require that applications or plans be revised before be- ing placed on the agenda of a review or decision-making body if the zoning of- ficer determines that: the application or plan contains one or more significant inaccuracies or omissions that hinder timely or competent evaluation of the plan’s/application’s compliance with zoning ordinance standards; or the application contains multiple minor inaccuracies or omissions that ---PAGE BREAK--- Chapter 20.85Chapter 20.50 Review and Approval ProceduresNatural Resource Protection 20.85.02020.50.040 Common ProvisionsAgricultural Land Preservation M I S S O U L A Z O N I N G O R D I N A N C E Public Hearing Draft (05-29-2009) – Page 20.85-3 hinder timely or competent evaluation of the plan’s/application’s com- pliance with zoning ordinance standards. 3. Application Sufficiency and Acceptance Applications deemed complete will be considered to be in the processing cycle and will be reviewed by OPG and other agency staff and other review and decision- making bodies in accordance with applicable review and approval procedures of this zoning ordinance. 4. Application Filing Fees Application filing fees are required for processing development review and permit applications. The fees help offset the cost of providing public notice, personnel costs for plan/permit reviews and field inspections. Fees must be established by resolu- tion. Fees are not required with applications initiated by the city council. Applica- tion fees are nonrefundable unless the application is withdrawn prior to the time that required notices are mailed, posted and submitted for newspaper publication. Commentary: Current fee schedules are available in the office of Planning and Grants. D. Public Hearing Process 1. Application Processing Cycles The zoning officer, after consulting with review and decision-making bodies, prom- ulgate processing cycles for applications. Processing cycles may establish: a. deadlines for receipt of complete applications; b. dates of regular meetings; c. the scheduling of agency and staff reviews and reports; and d. time-frames for review and decision-making. 2. Public Hearings a. Parties in interest and citizens must be given an opportunity to appear and be heard at required public hearings, subject to reasonable rules of procedure. Commentary: Written testimony (from the public) must be received by the zoning officer at least 7 working days before the public hearing to be included in the written staff report. Written testimony received by the zoning officer after this time but before the meeting/hearing will be hand delivered by the zoning officer to the review or decision-making body at the time of the hearing. b. A public hearing for which proper notice was given may be continued to a later date without providing additional notice as long as the continuance is set for specified date and time and that date and time is announced at the time of the continuance. c. If a public hearing is tabled, deferred or postponed for an indefinite period of time from the date of the originally scheduled public hearing, new public no- tice must be given before the rescheduled public hearing. If the applicant re- quests a postponement, the applicant must pay all costs of renotification. ---PAGE BREAK--- Chapter 20.85Chapter 20.50 Review and Approval ProceduresNatural Resource Protection 20.85.03020.50.040 Review and Decision-Making Criteria; Burden of Proof or PersuasionAgricultural Land Preservation M I S S O U L A Z O N I N G O R D I N A N C E Public Hearing Draft (05-29-2009) – Page 20.85-4 3. Public Hearing Notices a. Newspaper Notice Whenever the provisions of this zoning ordinance require that newspaper no- tice be provided, the notice must be published in a newspaper of general circu- lation within Missoula. b. Mailed Notice Whenever the provisions of this zoning ordinance require that notices be mailed, the notices must be sent by United States Postal Service certified first class mail. Addresses must be based on the latest property ownership information available in the [INSERT] office. When required notices have been prop- erly addressed and deposited in the U.S. mail, failure of a party to receive such notice will not be grounds to invalidate any action taken. c. Posted Notice When the provisions of this zoning ordinance require that posted notice be provided, at least one notice sign must be posted on each public street frontage abutting the subject property in a location plainly visible to passers-by. d. Content of Notice All required public hearing notices must: indicate the date, time and place of the public hearing or date of action that is the subject of the notice; describe any property involved in the application by street address or by general description; describe the general nature, scope and purpose of the application or pro- posal; and indicate where additional information on the matter can be obtained. E. Action by Review Bodies and Decision-Making Bodies 1. Review and decision-making bodies may take any action that is consistent with: a. the regulations of this zoning ordinance; b. any rules or by-laws that apply to the review or decision-making body; and c. the notice that was given. 2. Review and decision-making bodies are authorized to defer action or continue a public hearing in order to receive additional information or further deliberate. F. Conditions of Approval When decision-making bodies approve applications with conditions, the conditions must relate to a situation created or aggravated by the proposed use or development and must be roughly proportional to the impacts of the use or development. 20.85.030 Review and Decision-Making Criteria; Burden of Proof or Persuasion In all cases, the burden is on the applicant to show that an application complies with all applicable review or approval criteria. Applications must address relevant review and decision-making criteria. ---PAGE BREAK--- Chapter 20.85Chapter 20.50 Review and Approval ProceduresNatural Resource Protection 20.85.04020.50.040 Text AmendmentsAgricultural Land Preservation M I S S O U L A Z O N I N G O R D I N A N C E Public Hearing Draft (05-29-2009) – Page 20.85-5 20.85.040 Text Amendments A. Authority to File Amendments to the text of this zoning ordinance may be initiated only by the city coun- cil, or by a petition requesting the amendment presented to the city council. B. Notice of Hearing At least two separate notices of required public hearings on zoning ordinance text amendments must be published in the newspaper. The first notice must be published at least 15 days before the date of the public hearing. (See 20.85.020D.3 for additional in- formation on public hearing notices) C. Review and Report—Zoning Officer The zoning officer must prepare a report that evaluates the proposed amendment in light of adopted plans, the relevant provisions of this zoning ordinance and the review criteria of 20.85.040F. D. Hearing and Recommendation—Planning Board The planning board must hold a public hearing on each proposed text amendment. Fol- lowing the close of the hearing, the planning board must act by simple majority vote to recommend that the proposed text amendment be approved, approved with modifica- tions, denied, or continued for further consideration. E. Hearing and Final Action—City Council 1. After action by the planning board, the city council must convene its own public hearing on the proposed text amendment. 2. Following the public hearing, the city council may act to approve the proposed text amendment, approve the proposed text amendment with modifications or deny the proposed text amendment. The city council may also return the application to the planning board for further consideration, together with a written explanation of the reasons for doing so. 3. The city council may act by a simple majority vote of those city council members present and voting, except when a valid protest petition has been submitted in ac- cordance with 20.85.040G, approval or approval with modifications requires a 2/3 majority vote of those city council members present and voting. F. Review Criteria In reviewing and making decisions on zoning ordinance text amendments, the zoning of- ficer, planning board and city council must consider at least the following factors: 1. whether the proposed zoning ordinance text amendment corrects an error or incon- sistency in the zoning ordinance or meets the challenge of a changing condition; 2. whether the proposed zoning ordinance text amendment is in substantial confor- mance with the growth policy and other adopted plans and policies of the city; and 3. whether the proposed zoning ordinance text amendment is in the best interests of the city as a whole. ---PAGE BREAK--- Chapter 20.85Chapter 20.50 Review and Approval ProceduresNatural Resource Protection 20.85.05020.50.040 Zoning Map Amendments (Rezonings)Agricultural Land Preservation M I S S O U L A Z O N I N G O R D I N A N C E Public Hearing Draft (05-29-2009) – Page 20.85-6 G. Protest Petitions 1. A formal protest petition opposing a zoning ordinance text amendment must be submitted to the zoning officer or on the public record before the city council’s vote, allowing sufficient time for the city clerk to determine the validity of the petition. 2. A protest petition will be considered “valid” if it is signed by the owners of 25% or more of: a. the area of the lotparcels that are the subject of the proposed change; or b. the lotparcels within 150 feet of the lotparcel that is the subject of the proposed change. 3. When a valid protest petition has been submitted, approval of a zoning ordinance text amendment requires a 2/3 majority vote of those city council members present and voting 20.85.050 Zoning Map Amendments (Rezonings) A. Authority to File Amendments to the zoning map may be initiated only by the city council or by a petition requesting such change presented to the city council, duly signed by the owners of at least 35% of the area of the lotparcels included within the area proposed to be rezoned or by at least 35% of the number of lotparcels included within the area proposed to be rezoned. Rezoning petitions may be filed by the owner or by the owners’ authorized agent. B. Application Filing Complete applications for zoning map amendments must be filed with appropriate per- sonnel in the office of planning and grants. C. Notice of Hearing 1. Newspaper Notice At least two separate notices of required public hearings on zoning map amend- ments must be published in the newspaper. The first notice must be published at least 15 days before the date of the public hearing. (See 20.85.020D.3 for additional information on public hearing notices) 2. Mailed Notice Notice of required public hearings on zoning map amendments must be mailed to the subject property owner and all owners of property within 150 feet of the subject lotparcel at least 15 days before the scheduled hearing. Notification must also be mailed to the neighborhood council representative for the subject neighborhood at least 15 days before the scheduled hearing. (See 20.85.020D.3 for additional infor- mation on public hearing notices) 3. Posted Notice Notice of required public hearings on zoning map amendments must be posted at least 15 days before the public hearing. (See 20.85.020D.3 for additional information on public hearing notices) ---PAGE BREAK--- Chapter 20.85Chapter 20.50 Review and Approval ProceduresNatural Resource Protection 20.85.05020.50.040 Zoning Map Amendments (Rezonings)Agricultural Land Preservation M I S S O U L A Z O N I N G O R D I N A N C E Public Hearing Draft (05-29-2009) – Page 20.85-7 D. Review and Report—Zoning Officer The zoning officer must prepare a report and recommendation that evaluates the pro- posed zoning map amendment in light of adopted plans and the review criteria of 20.85.050G. E. Hearing and Recommendation—Planning Board The planning board must hold a public hearing on the proposed zoning map amend- ment. Following the close of the hearing, the planning board must act by simple majority vote to recommend that the proposed zoning map amendment be approved, approved with modifications or denied. The planning board may also act to continue the matter for further deliberation. F. Hearing and Final Action—City Council 1. After action by the planning board, the city council must convene its own public hearing on the proposed zoning map amendment. 2. Following the close of the public hearing, the city council may act to approve the proposed zoning map amendment, approve the proposed zoning map amendment with modifications or deny the proposed zoning map amendment. The city council may also return the application to the planning board for further consideration, to- gether with a written explanation of the reasons for doing so. 3. The city council may act by a simple majority vote of those city council members present and voting, except when a valid protest petition has been submitted in ac- cordance with 20.85.050H, approval or approval with modifications requires a 2/3 majority vote of those city council members present and voting. G. Review Criteria In reviewing and making decisions on proposed zoning map amendments, the planning board and city council must be guided by and adopt findings of fact based upon the fol- lowing criteria: 1. whether the proposed rezoning is consistent with MCA § 76-2-304; 2. whether the proposed rezoning is in substantial conformance with the growth policy and other adopted plans and policies affecting the area proposed to be rezoned; 3. whether public facilities (infrastructure) and services will be adequate to serve de- velopment allowed by the requested rezoning; 4. whether the rezoning will substantially harm the public health, safety or general wel- fare or the value of nearby properties; 5. whether the rezoning is compatible with the zoning and use of nearby property; 6. the suitability of the subject property for the uses and development to which it has been restricted under the existing zoning regulations; and 7. the gain, if any, to the public health, safety and general welfare due to denial of the application, as compared to the hardship imposed upon the landowner, if any, as a result of denial of the application. H. Protest Petitions 1. A formal protest petition opposing a zoning map amendment must be submitted to the zoning officer or on the public record before the city council’s vote, allowing suf- ficient time for the city clerk to determine the validity of the petition. ---PAGE BREAK--- Chapter 20.85Chapter 20.50 Review and Approval ProceduresNatural Resource Protection 20.85.05020.50.040 Zoning Map Amendments (Rezonings)Agricultural Land Preservation M I S S O U L A Z O N I N G O R D I N A N C E Public Hearing Draft (05-29-2009) – Page 20.85-8 2. A protest petition will be considered “valid” if it is signed by the owners of 25% or more of: a. the area of the lotparcels that are the subject of the proposed change; or b. the lotparcels within 150 feet of the lotparcel that is the subject of the proposed change. 3. When a valid protest petition has been submitted, approval of a zoning map amendment requires a 2/3 majority vote of those city council members present and voting. I. Zoning Upon Annexation 1. Timing A city zoning district classification may be assigned to land annexed into the city at the time of annexation. 2. Classification The zoning district classification assigned at the time of annexation must: a. authorize land uses comparable to the land uses authorized under the county zoning classification that applied to property immediately before it was an- nexed into the city; b. authorize land uses that are consistent with the land uses approved by the board of county commissioners or the county board of adjustment; or c. be consistent with the land use and zoning recommendations for the subject areas, as set forth in the growth policy. 3. Interim Zoning The city council is authorized to apply interim zoning to the annexed property, in accordance with state law. Interim zoning is intended to allow time for land use and zoning studies and an analysis of the growth policy. 4. Public Hearing Notice a. Newspaper Notice At least two separate notices of required public hearings on proposed city zon- ing must be published in the newspaper. The first notice must be published at least 15 days before the date of the public hearing. (See 20.85.020D.3 for addi- tional information on public hearing notices) b. Mailed Notice Notice of required public hearings on proposed city zoning must be mailed to the subject property owners at least 15 days before the scheduled hearing. (See 20.85.020D.3 for additional information on public hearing notices) c. Combined Notice Public notification for city zoning may be combined with notice of annexation. 5. Protest Petitions The protest petition provisions of 20.85.050H apply to the classification of city zon- ing at the time of annexation. ---PAGE BREAK--- Chapter 20.85Chapter 20.50 Review and Approval ProceduresNatural Resource Protection 20.85.06020.50.040 Planned Unit DevelopmentsAgricultural Land Preservation M I S S O U L A Z O N I N G O R D I N A N C E Public Hearing Draft (05-29-2009) – Page 20.85-9 20.85.060 Planned Unit Developments A. Overview PUD, Planned Unit Development overlay zoning districts are established through the ap- proval of a zoning map amendment in accordance with the zoning map amendment pro- cedures of 20.85.050. PUD zoning map amendments must be processed concurrently with a preliminary development plan application. Final development plan approval is re- quired after approval of the zoning map amendment and preliminary development plan. This section describes the required review and approval procedures for PUD preliminary and final development plans. Illustration (flow chart) of approval process to be inserted B. Preliminary and Final Development Plan Approval Required Approval of PUD preliminary and final development plans must occur before any build- ing permit is issued and before any development takes place in a /PUD overlay district. Permits may be issued for a development phase if a preliminary development plan has been approved for the entire PUD and a final development plan has been approved for the subject phase. C. Preliminary Development Plans At the option of the applicant, the preliminary development plan may serve also as the preliminary subdivision plat if such intention is declared before the planning board’s public hearing and if the plans include all information required for preliminary plats and preliminary development plans. 1. Preapplication Consultation A preapplication consultation is required before filing of a PUD preliminary devel- opment plan application, in accordance with 20.85.020B. 2. Application Filing Complete applications for preliminary development plan approval must be filed with appropriate personnel in the office of planning and grants at the same time that the /PUD zoning map amendment application is filed. Preliminary development applications may be filed only by the subject landowner or the landowner’s author- ized agent. 3. Review and Report—Zoning Officer The zoning officer must review the proposed preliminary development plan in light of the /PUD overlay district provisions of 20.25.030 and the review criteria of 20.85.060C.6. The zoning officer must prepare a report and recommendation for the planning board based on the zoning officer’s review. 4. Hearing and Recommendation—Planning Board The planning board must hold a public hearing on the proposed /PUD zoning map amendment and the preliminary development plan. Following the close of the hear- ing, the planning board must act by simple majority vote to recommend that the proposed /PUD zoning map amendment and preliminary development plan be ap- proved, approved with modifications or denied. 5. Hearing and Final Action—City Council a. After action by the planning board, the city council must convene its own pub- lic hearing on the proposed /PUD zoning map amendment and preliminary ---PAGE BREAK--- Chapter 20.85Chapter 20.50 Review and Approval ProceduresNatural Resource Protection 20.85.06020.50.040 Planned Unit DevelopmentsAgricultural Land Preservation M I S S O U L A Z O N I N G O R D I N A N C E Public Hearing Draft (05-29-2009) – Page 20.85-10 development plan. b. Following the close of the public hearing, the city council may act to approve the proposed /PUD zoning map amendment and preliminary development plan, approve the proposed PUD zoning map amendment and preliminary de- velopment plan with modifications or deny the proposed PUD zoning map amendment and preliminary development plan. The city council may also re- turn the application to the planning board for further consideration, together with a written explanation of the reasons for doing so. c. The city council may act by a simple majority vote of those city council mem- bers present and voting, except when a valid protest petition has been submit- ted in accordance with 20.85.050H, approval or approval with modifications requires a 2/3 majority vote of those city council members present and voting. 6. Review Criteria In reviewing and making decisions on proposed /PUD rezonings and preliminary development plans, review and decision-making bodies must consider at least the following factors: a. the rezoning criteria of 20.85.050G; b. the preliminary development plan’s consistency with the any adopted plans for the area; c. the preliminary development plan’s consistency with the /PUD district provi- sions of 20.25.030; and d. the sufficiency of the terms and conditions proposed to protect the interest of the public and the residents of the /PUD in the case of a plan that proposes de- velopment over a long period of time. 7. Lapse of Approval a. If the landowner fails to file an application for final development plan approval within 2 years of the date of preliminary development plan approval, the ap- proval will be deemed to have lapsed and the preliminary development plan will lapse and be of no further effect. b. For projects to be developed in phases, phase limits must be shown on the pre- liminary development plan. Decision-making bodies may impose conditions upon the phasing plan as deemed necessary to ensure the orderly development of the subdivision, including requirements for financial guarantees ensuring construction of all required improvements. 8. Filing of Statement a. Within 30 days of approval of a preliminary development plan by the city council, the zoning officer must file with the office of the county clerk and re- corder a statement that such a plan: has been approved by the city council; that the PUD preliminary development plan is applicable to certain speci- fied legally-described land; and that copies of the plan are on file in the of- fice of planning and grants. The statement recorded with the office of the county clerk and recorder must also specify the nature of the plan, the pro- posed density or intensity of land use and other pertinent information suffi- cient to notify any prospective purchasers or users of the land of the existence of such a plan. ---PAGE BREAK--- Chapter 20.85Chapter 20.50 Review and Approval ProceduresNatural Resource Protection 20.85.06020.50.040 Planned Unit DevelopmentsAgricultural Land Preservation M I S S O U L A Z O N I N G O R D I N A N C E Public Hearing Draft (05-29-2009) – Page 20.85-11 b. The recorded statement must specify that the preliminary development plan will become binding upon all successors and assigns unless amended in con- formance with this section. Major changes in the approved preliminary devel- opment plan may be made only after rehearing and re-approval of the prelimi- nary development plan. c. The landowner is responsible for all costs incurred in filing the statement. d. No final development plan application will be considered complete and ready for processing until the landowner has provided the zoning officer with a copy of the recorded statement required by this subsection. Such copy must show the date of the filing and include the signature of the county clerk and re- corder. D. Final Development Plans 1. Application Filing Final development plan applications must be filed with the office of planning and grants after approval of and before the lapse of a preliminary development plan. 2. Consistency with Preliminary Development Plan; Major Changes a. A final development plan will not be considered complete and ready for proc- essing if all approved conditions of approval have not been met or if the final development plan constitutes a major change from the approved preliminary development plan. b. A final development plan will be considered a major change from (and there- fore inconsistent with) the approved preliminary development plan if it: increases the proposed number of dwelling unitsgross residential density by more than 2% or involves a reduction of 1% or more in the area set aside for open space, recreation area or other similar non-development area, or the substantial relocation of such areas; increases by more than 10% the total floor area proposed for nonresiden- tial uses; increases by more than 5% the total building coverageground area cov- ered by buildings; reduces the amount of land area set aside as open space, recreation area or natural resource conservation area; increases the height of buildings by more than 3 feet for areas within 100 feet of the outer boundaries of the PUD or by more than 10 feet in other areas; or represents a material change to the preliminary development plan that creates a substantial adverse impact on surrounding property owners. 3. Processing of Major Changes If a final development plan is submitted that constitutes a major change to an ap- proved preliminary development plan, no further processing of the final develop- ment plan may occur. The zoning officer must notify the landowner that major changes may be made only after rehearing and re-approval of the preliminary devel- opment plan, including payment of fees, all notices and hearings. ---PAGE BREAK--- Chapter 20.85Chapter 20.50 Review and Approval ProceduresNatural Resource Protection 20.85.07020.50.040 Conditional UsesAgricultural Land Preservation M I S S O U L A Z O N I N G O R D I N A N C E Public Hearing Draft (05-29-2009) – Page 20.85-12 4. Review and Action by Planning Department; Appeals a. The zoning officer must review and take action on the final development plan. The zoning officer must approve the final development plan if it complies with the approved preliminary development plan, all conditions of the preliminary development plan approval and all applicable standards of this zoning ordi- nance. b. If the submitted final development plan does not comply with the approved preliminary development plan, any conditions imposed on that plan or any applicable standards of this zoning ordinance, the zoning officer must disap- prove the final development plan and advise the landowner in writing of the specific reason for disapproval. c. In the event that the zoning officer does not approve the final development plan, the landowner may either: resubmit the final development plan to correct the plan’s inconsistencies and deficiencies, or, within 30 days of the date of notice of disapproval, appeal the decision of the zoning officer follow- ing the same procedures as required for /PUD rezoning and preliminary devel- opment plan approval. 5. Effect of Approval a. A final development plan or any part thereof that has received final approval by the zoning officer or, upon appeal, by the city council, must be so certified by the zoning officer, and must be filed with the office of the county clerk and recorder immediately upon compliance with all conditions of approval. If the landowner chooses to abandon a final development plan or portion thereof af- ter it has been given final approval, they must notify the zoning officer. b. The filing of a final development plan with the office of the county clerk and recorder does not constitute the effective dedication of easements, rights-of- way or access control, nor will the filed plan be the equivalent of or an accept- able alternative for the final platting of land prior to the issuance of building permits in the PUD. 6. Lapse of Approval a. In the event the landowner fails to commence development shown on the final development plan within 2 years after final approval has been granted, then such final approval will lapse and be of no further effect unless the time period is extended by the city council upon written application by the landowner. b. Requests for extensions must be submitted to the zoning officer before the fi- nal development plan approval expires and must be processed in accordance with the procedures for approval of a /PUD preliminary development plan, in- cluding applicable filing fees (for time extension), notices and hearings. c. In the event of lapse of approval, approved PUD plans have no further effect. 20.85.070 Conditional Uses A. Intent The conditional use approval procedure of this section is intended to provide a transpar- ent, public review process for land uses that, because of their widely varying design and operational characteristics, require case-by-case review in order to determine whether they will be compatible with surrounding uses and development patterns ---PAGE BREAK--- Chapter 20.85Chapter 20.50 Review and Approval ProceduresNatural Resource Protection 20.85.07020.50.040 Conditional UsesAgricultural Land Preservation M I S S O U L A Z O N I N G O R D I N A N C E Public Hearing Draft (05-29-2009) – Page 20.85-13 B. Applicability The conditional use procedure of this section applies only when expressly authorized or required under this zoning ordinance. C. Authority to File Applications for conditional use approval may be initiated only by the owner of the sub- ject property or by the owner’s authorized agent. D. Application Filing Complete applications for conditional use approval must be filed with appropriate per- sonnel in the office of planning and grants and include the following information: 1. legal description of the subject property; 2. ownership and mailing address of all owners of the subject property; and 3. all submittal materials required by the zoning officer for the conditional use review, which may include elevation drawings or photographs of existing and proposed buildings, site plans including landscaping, and other materials that will help the planning board conduct a competent review and support the board’s decision and required findings of fact. E. Notice of Hearing 1. Newspaper Notice At least 2 separate notices of required public hearings on conditional uses must be published in the newspaper. The first notice must be published at least 15 days be- fore the date of the public hearing. (See 20.85.020D.3 for additional information on public hearing notices) 2. Mailed Notice Notice of required public hearings on conditional uses must be mailed to the subject property owner and all owners of property within 150 feet of the subject lotparcel at least 15 days before the scheduled hearing. Notification must also be mailed to the neighborhood council representative for the subject neighborhood at least 15 days before the scheduled hearing. (See 20.85.020D.3 for additional information on pub- lic hearing notices) 3. Posted Notice Notice of required public hearings on conditional uses must be posted at least 15 days before the public hearing. (See 20.85.020D.3 for additional information on public hearing notices) F. Review and Report—Zoning Officer The zoning officer must prepare a report and recommendation that evaluates the pro- posed conditional uses in light of the review criteria of 20.85.070H. G. Hearing and Final Action—Planning Board 1. The planning board must hold at least one public hearing on a proposed conditional use. 2. Following the close of the hearing, at the same or subsequent meeting, the planning board must take action to approve, approve with modifications or conditions or ---PAGE BREAK--- Chapter 20.85Chapter 20.50 Review and Approval ProceduresNatural Resource Protection 20.85.07020.50.040 Conditional UsesAgricultural Land Preservation M I S S O U L A Z O N I N G O R D I N A N C E Public Hearing Draft (05-29-2009) – Page 20.85-14 deny the conditional use based on the review criteria of 20.85.070H. The planning board’s decision must be supported by written findings of fact. H. Review Criteria 1. Conditional use applications may be approved by the planning board only when they determine that the following review criteria, as applicable, have been satisfied. All of the applicable review criteria must be addressed in the planning board’s find- ings of fact in support of their decision. Commentary: Not all review criteria will apply in every case. Only the applicable review criteria need to be met. 2. Uses that require conditional use approval may be approved by the planning board when they determine that the proposed use: a. complies with all applicable standards of this zoning ordinance; b. is in the interest of the public convenience and will not have a significant ad- verse impact on the general welfare of the neighborhood or community; c. is compatible with the character of the surrounding area in terms of site plan- ning, building scale and project design; d. has operating characteristics that are compatible with the surrounding area in terms hours of operation, outdoor lighting, noise, and traffic generation; and e. will not have a significant adverse impact on traffic safety or comfort, including all modes of transport (non-motorized and motorized). I. Factors to be Considered In determining whether all applicable review criteria have been satisfied, the planning board may specifically consider the following factors: 1. that new buildings and structures are located to create a positive relationship with their environment, both urban and natural; 2. that the site design properly addresses building orientation, open space, light, sun exposure, views and protection of natural features; 3. that buildings, structures and uses are compatible with adjacent properties and uses in terms of physical design elements such as volume and mass management, build- ing materials, color, open space design, screening, and any other design elements considered important by the design review board; 4. that the overall project will be functional, attractive and safe in terms of pedestrian, bicycle and vehicular access; parking; loading; and servicing; and 5. agency and public testimony. J. Lapse of Approval 1. An approved conditional use will lapse and have no further effect 2 years after it is approved by the planning board, unless: a. a building permit has been issued (if required); b. a zoning compliance permit certificate of occupancy has been issued; and c. a final certificate of zoning compliance has been issued. c.the building or use has been established; or ---PAGE BREAK--- Chapter 20.85Chapter 20.50 Review and Approval ProceduresNatural Resource Protection 20.85.08020.50.040 Design ReviewAgricultural Land Preservation M I S S O U L A Z O N I N G O R D I N A N C E Public Hearing Draft (05-29-2009) – Page 20.85-15 d.the planning board extends the expiration period by no more than one year. 2. The planning board may extend the expiration period by up to one year. Requests for extensions must be submitted to the zoning officer before the conditional use approval expires and must be processed in accordance with the procedures for ap- proval of a conditional use, including applicable fees, notices and hearings. 3. A conditional use also lapses upon revocation of a building permit for violations of conditions of approval or upon expiration of a building permit. K. Transferability The status of a conditional use approval is not affected by changes of tenancy, ownership, or management. L. Amendments A request for changes in conditions of approval of a conditional use must be processed as a new conditional use application, including the requirements for fees, notices and hear- ings. M. Appeals Any person aggrieved by a decision of the planning board may appeal the board’s decision to the city council. In the case of such appeal, the city council may act on the conditional use as a new matter (de novo) and, by simple majority vote, approve, approve with condi- tions or deny the conditional use application. The requirements for fees, notices, hearings and approval criteria are the same as required of the original action before the planning board, although upon appeal the hearing is held by the city council rather than the plan- ning board. Appeals must be filed within 30 days of final action by planning board. 20.85.080 Design Review A. Intent The design review procedure of this section is intended to provide a transparent, public review process for consideration of alternative compliance plans when an applicant pro- poses deviations from otherwise applicable development standards. B. Applicability The design review procedure of this section applies only when expressly authorized or re- quired under this zoning ordinance. C. Authority to File Applications for design review approval may be initiated only by the owner of the subject property or by the owner’s authorized agent. D. Application Filing 1. Complete applications for design review approval must be filed with appropriate personnel in the office of planning and grants. 2. At least 40 days before the required public hearing the applicant must submit an in- take form. 3. At least 30 days before the required public hearing the applicant must provide the following to the zoning officer: a. legal description of the subject property; ---PAGE BREAK--- Chapter 20.85Chapter 20.50 Review and Approval ProceduresNatural Resource Protection 20.85.08020.50.040 Design ReviewAgricultural Land Preservation M I S S O U L A Z O N I N G O R D I N A N C E Public Hearing Draft (05-29-2009) – Page 20.85-16 b. ownership and mailing address of all owners of the subject property; and c. all submittal materials required by the zoning officer for the review, which may include elevation drawings or photographs of existing and proposed buildings, site plans including landscaping, and other materials that will help the design review board conduct a competent review and support the required decision and findings of fact. E. Notice of Hearing 1. Newspaper Notice At least 2 separate notices of required public hearings must be published in the newspaper. The first notice must be published at least 15 days before the date of the public hearing. (See 20.85.020D.3 for additional information on public hearing no- tices) 2. Mailed Notice Notice of required public hearings on must be mailed to the subject property owner and all owners of property within 150 feet of the subject lotparcel at least 15 days be- fore the scheduled hearing. Notification must also be mailed to the neighborhood council representative for the subject neighborhood at least 15 days before the scheduled hearing. (See 20.85.020D.3 for additional information on public hearing notices) 3. Posted Notice Notice of required public hearings on must be posted at least 15 days before the public hearing. (See 20.85.020D.3 for additional information on public hearing no- tices) F. Review and Report—Zoning Officer The zoning officer must prepare a report and recommendation that evaluates the pro- posal in light of the review criteria of 20.85.070H. Commentary: Written testimony (from the public) must be received by the zoning officer at least 7 working days before the public hearing to be included in the written staff report to the design review board. Written testimony received by the zoning officer after this time but before the meeting will be hand delivered by the zoning officer to the design review board at the time of the hearing. G. Hearing and Final Action—Design Review Board 1. The design review board must hold at least one public hearing on each application. 2. Following the close of the hearing, at the same or subsequent meeting, the design re- view board must take action to approve, approve with modifications or conditions or deny the application based on the review criteria of 20.85.070H. The design re- view board’s decision must be supported by written findings of fact. H. Review Criteria 1. Design review applications may be approved by the design review board only when they determine that the following review criteria, as applicable, have been satisfied. All of the applicable review criteria must be addressed in the design review board’s findings of fact in support of their decision. Commentary: Not all review criteria will apply in every case. Only the applicable review criteria need to be met. ---PAGE BREAK--- Chapter 20.85Chapter 20.50 Review and Approval ProceduresNatural Resource Protection 20.85.08020.50.040 Design ReviewAgricultural Land Preservation M I S S O U L A Z O N I N G O R D I N A N C E Public Hearing Draft (05-29-2009) – Page 20.85-17 2. Alternative compliance plans proposing deviations from otherwise applicable devel- opment standards may be approved by the design review board only when they de- termine that the proposed plan will result in a development project that: a. does as good or better job of meeting the overall intent of the subject regula- tions and the zoning ordinance as a whole than would strict compliance with the standard from which relief is sought; and b. will result in a project design that is as good as or better than would strict compliance with the standard from which relief is sought. I. Factors to be Considered In determining whether applicable review criteria have been satisfied, the design review board may specifically consider the following factors: 1. that new buildings and structures are located to create a positive relationship with their environment, both urban and natural; 2. that the site design properly addresses building orientation, open space, light, sun exposure, views and protection of natural features; 3. that buildings, structures and uses are compatible with adjacent properties and uses in terms of physical design elements such as volume and mass management, build- ing materials, color, open space design, screening, and any other design elements considered important by the design review board; 4. that the overall project will be attractive, functional and safe in terms of pedestrian, bicycle and vehicular access; parking; loading; and servicing; and 5. agency and public testimony. J. Lapse of Approval 1. An approved design review plan will lapse and have no further effect 2 years after it is granted by the design review board, unless: a. a building permit has been issued (if required); b. a zoning compliance permit certificate of occupancy has been issued; and c. a final certificate of zoning compliance has been issued. c.the building or use has been established; or d.the design review board extends the expiration period by no more than one year. 2. The design review board may extend the expiration period by up to one year. Re- quests for extensions must be submitted to the zoning officer before the design re- view approval expires and must be processed in accordance with the design review procedures, including applicable fees, notices and hearings. 3. Design review approval also lapses upon revocation of a building permit for viola- tions of conditions of approval or upon expiration of a building permit. K. Transferability The status of design review approval is not affected by changes of tenancy, ownership, or management. ---PAGE BREAK--- Chapter 20.85Chapter 20.50 Review and Approval ProceduresNatural Resource Protection 20.85.09020.50.040 VariancesAgricultural Land Preservation M I S S O U L A Z O N I N G O R D I N A N C E Public Hearing Draft (05-29-2009) – Page 20.85-18 L. Amendments A request for changes in conditions of approval of an approved plan must be processed as a new design review application, including the requirements for fees, notices and hear- ings. M. Appeals Any person aggrieved by a decision of the design review board may appeal the design re- view board’s decision to the city council. In the case of such appeal, the city council may act on the appeal as a new matter (de novo) and, by simple majority vote, approve, ap- prove with conditions or deny the design review application. The requirements for fees, notices, hearings and approval criteria are the same as required of the original action be- fore the design review board, although upon appeal the hearing is held by the city council rather than the design review board. Appeals must be filed within 30 days of final action by design review board. 20.85.090 Variances A. Intent Zoning variances are intended to address unnecessary hardships resulting from strict ap- plication of zoning ordinance standards. B. Applicability; Authorized Zoning Variances 1. The board of adjustment is authorized to grant a variance to any regulation in this zoning ordinance in accordance with the variance procedures of this section, except that the variance procedures may not be used to: a. permit a principal use in a zoning district that is not otherwise allowed in that zoning district “use variances” are prohibited); b. waive, modify or amend any definition or use classification; c. waive, modify or otherwise vary any of the review and approval procedures of this chapter; or d. waive, vary, modify or otherwise override a condition of approval or require- ment imposed by another authorized board or commission. C. Authority to File Applications for zoning variances may be initiated only by the owner of the subject prop- erty or by the owner’s authorized agent. D. Application Filing Complete applications for a zoning variance must be filed with appropriate personnel in the office of planning and grants. E. Notice of Hearing 1. Newspaper Notice At least two separate notices of required public hearings on zoning variance requests must be published in the newspaper. The first notice must be published at least 15 days before the date of the public hearing. (See 20.85.020D.3 for additional informa- tion on public hearing notices) ---PAGE BREAK--- Chapter 20.85Chapter 20.50 Review and Approval ProceduresNatural Resource Protection 20.85.09020.50.040 VariancesAgricultural Land Preservation M I S S O U L A Z O N I N G O R D I N A N C E Public Hearing Draft (05-29-2009) – Page 20.85-19 2. Mailed Notice Notice of required public hearings on zoning variance requests must be mailed to the subject property owner and all owners of property within 150 feet of the subject lotparcel at least 15 days before the scheduled hearing. Notification must also be mailed to the neighborhood council representative for the subject neighborhood at least 15 days before the scheduled hearing. (See 20.85.020D.3 for additional infor- mation on public hearing notices) 3. Posted Notice Notice of required public hearings on zoning variance requests must be posted at least 15 days before the public hearing. (See 20.85.020D.3 for additional information on public hearing notices) F. Hearing and Final Decision 1. The board of adjustment must hold at least one public hearing on a proposed zon- ing variance. 2. Following the close of the hearing, at the same or subsequent meeting, the board of adjustment must take action to approve, approve with conditions or deny the pro- posed zoning variance. The board’s decision must be supported by written findings of fact. In the case of approval, the board’s findings must include a written descrip- tion of the unnecessary hardship that would be created if the subject property was subject to strict compliance with zoning ordinance regulations. G. Review Criteria Zoning variances may be approved by the board of adjustment only when they find sub- stantial evidence in the official record that: 1. strict application of one or more standards or requirements of this zoning ordinance would result in unnecessary hardships that are not the result of the deliberate ac- tions of the property owner or their agent, employee, or contractor; 2. the zoning variance is the minimum zoning variance necessary to provide relief from the unnecessary hardships; 3. the zoning variance is generally consistent with the overall purpose of this ordinance (See 20.01.050); and 4. the zoning variance will result in substantial justice being done, considering both the public benefits intended to be secured by this zoning ordinance and the individual hardships that will be suffered if the zoning variance request is denied. H. Airport Compatibility Act When considering requests for variances from regulations adopted pursuant to the Air- port Compatibility Act (MCA Title 67, Chapter the board of adjustment must give equal weight to a finding of unnecessary hardship or substantial practical difficulty. I. Lapse of Approval 1. An approved zoning variance will lapse and have no further effect 2 years after it is granted by the board of adjustment or within 2 years after a final court order is is- sued (if the variance is the subject of litigation), unless all of the following occur: a. a building permit has been issued (if required); b. a zoning compliance permit certificate of occupancy has been issued; and ---PAGE BREAK--- Chapter 20.85Chapter 20.50 Review and Approval ProceduresNatural Resource Protection 20.85.10020.50.040 Appeals of Administrative DecisionsAgricultural Land Preservation M I S S O U L A Z O N I N G O R D I N A N C E Public Hearing Draft (05-29-2009) – Page 20.85-20 c. a final certificate of zoning compliance has been issued. c.the building or use has been established (if no building permit or certificate of oc- cupancy was required); or d.the board of adjustment extends the expiration period by no more than one year. 2. The board of adjustment may extend the expiration period by up to one year. Re- quests for extensions must be submitted to the zoning officer before the variance lapses and must be processed in accordance with the procedures for approval of a variance, including applicable fees, notices and hearings. 3. A zoning variance that was approved by the Missoula County board of adjustment lapses one year after the effective date of the subject property’s annexation or 2 years after approval of the variance by the county board of adjustment, whichever is later. The zoning variance will not expire if: a. a building permit is issued; b. a certificate of occupancy is issued; c. the building or use is established (if no building permit or certificate of occu- pancy was required); or d. the (city) board of adjustment extends the expiration period by no more than one year. 4. A zoning variance also lapses upon revocation of a building permit for violations of conditions of approval or upon expiration of a building permit. J. Transferability The status of a zZoning variance approval runs with the land and is not affected by changes of tenancy, ownership, or management. K. Amendments A request for changes in conditions of approval of a zoning variance must be processed as a new variance application, including the requirements for fees, notices and hearings. L. Appeals Any person aggrieved by a decision of the board of adjustment may appeal the board’s decision to district court. The appeal must be presented to the court within 30 days after the board of adjustment’s decision is filed with the county clerk and recorder. 20.85.100 Appeals of Administrative Decisions A. Applicability; Authorized Appeals The board of adjustment is authorized to hear and decide appeals where it is alleged there has been an error in any order, requirement, decision or determination made by the zon- ing officer or any other administrative official city engineer) in the administration, interpretation or enforcement of this zoning ordinance. B. Right to Appeal Appeals of administrative decisions may be filed by any person aggrieved by the zoning officer or other administrative official’s decision or action. The board of adjustment is au- thorized to make determinations about whether individuals filing appeals are “aggrieved by the decision or action.” ---PAGE BREAK--- Chapter 20.85Chapter 20.50 Review and Approval ProceduresNatural Resource Protection 20.85.10020.50.040 Appeals of Administrative DecisionsAgricultural Land Preservation M I S S O U L A Z O N I N G O R D I N A N C E Public Hearing Draft (05-29-2009) – Page 20.85-21 C. Application Filing 1. Complete applications for appeals of administrative decisions must be filed with ap- propriate personnel in the office of planning and grants. 2. Appeals of administrative decisions must be filed within 30 days of the date of the decision being appealed. D. Effect of Filing The filing of a complete notice of appeal stays all proceedings in furtherance of the action appealed, unless the zoning officer certifies to the board of adjustment, after the appeal is filed, that, because of facts stated in the certification, a stay would cause immediate peril to life or property. E. Record of Decision Upon receipt of a complete application of appeal, the zoning officer or other administra- tive official whose decision is being appealed must transmit to the board of adjustment all papers constituting the record upon which the action appealed is taken. F. Notice of Hearing 1. Newspaper Notice At least two separate notices of required public hearings on appeals of administrative decisions must be published in the newspaper. The first notice must be published at least 15 days before the date of the public hearing. (See 20.85.020D.3 for additional information on public hearing notices) 2. Mailed Notice Notice of required public hearings on appeals of administrative decisions must be mailed to the subject property owner and all owners of property within 150 feet of the subject lotparcel at least 15 days before the scheduled hearing. Notification must also be mailed to the neighborhood council representative for the subject neighbor- hood at least 15 days before the scheduled hearing. (See 20.85.020D.3 for additional information on public hearing notices) 3. Posted Notice Notice of required public hearings on appeals of administrative decisions must be posted at least 15 days before the public hearing. (See 20.85.020D.3 for additional information on public hearing notices) G. Hearing and Final Decision 1. The board of adjustment must hold a public hearing on the appeal. 2. Following the close of the hearing, at the same or subsequent meeting, the board of adjustment must take action on the appeal. The board’s decision must be supported by written findings of fact. 3. In exercising the appeal power, the board of adjustment has all the powers of the of- ficial from whom the appeal is taken, and the board of adjustment may reverse the appeal or affirm the appeal, in whole or in part, or modify the decision being ap- pealed. 4. In acting on the appeal the board of adjustment must grant to the official’s decision a presumption of correctness, placing the burden of persuasion of error on the ap- pellant. ---PAGE BREAK--- Chapter 20.85Chapter 20.50 Review and Approval ProceduresNatural Resource Protection 20.85.11020.50.040 Administrative AdjustmentsAgricultural Land Preservation M I S S O U L A Z O N I N G O R D I N A N C E Public Hearing Draft (05-29-2009) – Page 20.85-22 H. Review Criteria An appeal may be sustained only if the board of adjustment finds that the zoning officer or other administrative official erred. I. Rehearing by Board of Adjustment The board of adjustment may grant a rehearing on any appeal of administrative decision if the rehearing request includes new evidence to be presented that was not available at the time of the original hearing or when the board of adjustment determines that good cause has been shown for a rehearing. The request for a rehearing must be made within 30 days after the board of adjustment’s decision and must follow all procedures of this section 20.85.100, including payment of any required filing fees. J. Appeals Any person aggrieved by a decision of the board of adjustment may appeal the board’s decision to district court. The appeal must be presented to the court within 30 days after the board of adjustment’s decision is filed with the county clerk and recorder. 20.85.110 Administrative Adjustments A. Intent Administrative adjustments are intended to provide a streamlined approval procedure for minor (de minimis) modifications of selected zoning ordinance standards. Administrative adjustments are further intended to: 1. allow development that is in keeping with the general purpose and intent of zoning ordinance regulations and the established character of the area in which it is located; 2. provide flexibility that will help promote rehabilitation and reuse of existing build- ings when such flexibility will not adversely affect nearby properties or neighbor- hood character; and 3. provide flexibility for new construction when necessary to address unusual devel- opment conditions when such flexibility is in keeping with the general purpose and intent of zoning ordinance regulations and will not adversely affect other properties or surrounding neighborhood character. B. Applicability; Authorized Administrative Adjustments The following administrative adjustments are authorized: 1. /P District—Building Location Standards a. The zoning officer is authorized to approve an administrative adjustment to the building placement standards of 20.25.020C. b. Such an administrative adjustment may be approved only when the zoning of- ficer, after consulting with the city engineer, determines that useable public spaces or pedestrian amenities extra-wide sidewalk, plaza with seating or outdoor dining area) will be provided between the building and the street. 2. /P District—Ground Floor Transparency Glazed Area Standards a. The zoning officer is authorized to approve an administrative adjustment to the ground-floor transparency glazed area standards of 20.25.020D. b. Such an administrative adjustment may be approved only when the zoning of- ficer determines that such a reduction will be offset by the provision of ---PAGE BREAK--- Chapter 20.85Chapter 20.50 Review and Approval ProceduresNatural Resource Protection 20.85.11020.50.040 Administrative AdjustmentsAgricultural Land Preservation M I S S O U L A Z O N I N G O R D I N A N C E Public Hearing Draft (05-29-2009) – Page 20.85-23 other pedestrian amenities or building or site design features that are not oth- erwise required by this zoning ordinance. 3. /P District—Door and Entrance Standards a. The zoning officer is authorized to approve an administrative adjustment to the door and entrance standards of 20.25.020E. b. Such an administrative adjustment may be approved only when the zoning of- ficer determines that a safe pedestrian walkway not exceeding 20 feet in length is provided between the building entrance and the sidewalk abutting street. 4. /P District—Driveway and Vehicle Access Standards a. The city engineer is authorized to approve an administrative adjustment to the driveway and vehicle access standards of 20.25.020H. b. Such an administrative adjustment may be approved only when the city engi- neer determines, in consultation with other appropriate city officials that ac- cess to the subject lotparcel cannot be safely accommodated by alley or side (non-pedestrian) street access 5.Ground-floor Commercial Space The zoning officer is authorized to approve an administrative adjustment to reduce the ground-floor commercial floor area requirement of 20.110.010A.1.a by up to 25 5. Bicycle Parking a. The zoning officer is authorized to approve an administrative adjustment re- ducing the number of bicycle spaces required under 20.60.090. b. Such an administrative adjustment may be approved only when the zoning of- ficer determines that use will generate no bicycle traffic or that it would be im- possible to provide bicycle parking at the subject location. c. The zoning officer is also authorized to approve an administrative adjustment to modify the bicycle parking design and location requirements of 20.60.090 if the zoning officer determines that an alternative design is necessary to address practical difficulties associated with modifying existing buildings and sites to comply with bicycle parking requirements. 6. Nonconformities The zoning officer is authorized to approve an administrative adjustment allowing expansion of a nonconforming use into another part of the same building, in accor- dance with 20.80.040C. 8.7. LotParcel Area a. The zoning officer is authorized to approve an administrative adjustment to permit the construction of a detached house on a lotparcel that would other- wise be prohibited solely because the lotparcel does not comply with the minimum lotparcel area standards of the subject zoning district. b. The zoning officer may not approve an administrative adjustment that allows the lotparcel to be less than 95% of the otherwise required minimum lotparcel area, and the administrative adjustment may not be used to reduce minimum ---PAGE BREAK--- Chapter 20.85Chapter 20.50 Review and Approval ProceduresNatural Resource Protection 20.85.11020.50.040 Administrative AdjustmentsAgricultural Land Preservation M I S S O U L A Z O N I N G O R D I N A N C E Public Hearing Draft (05-29-2009) – Page 20.85-24 lotparcel area requirements for lotparcels created after [insert effective date]. c. Such an administrative adjustment may be approved only when the zoning of- ficer determines that the proposed adjustment meets the general intent of 20.85.110A. 9.8. Parking Incentives for Transit-Served Locations The zoning officer is authorized to approve up to a 15% reduction in the number of off-street parking spaces required for uses located within 500 feet of a transit stop that is served at intervals of 30 minutes or less between the hours of 7:00 pm a.m. and 9:00 pm a.m. and between 4:00 p.m. and 6:00 p.m. C. Application Filing Complete applications for administrative adjustments must be filed with appropriate per- sonnel in office of planning and grants. D. Notice 1. Required Mailed Notice Notice of the filing of an administrative adjustment application must be mailed to the subject property owner and all owners of property within 150 feet of the subject lotparcel at least 15 20 days before a final decision or action on the administrative adjustment. Notification must also be mailed to the neighborhood council represen- tative for the subject neighborhood at least 15 20 days before taking action on the matter. (See 20.85.020D.3 for additional information on mailed notices) 2. Posted Notice Notice of the filing of an administrative adjustment application must be posted at least 20 days before a final decision or action on the administrative adjustment. (See 20.85.020D.3 for additional information on posted notices) E. Review and Decision—Zoning Officer 1. The zoning officer must review each application for an administrative adjustment and act to approve the application, approve the application with conditions, deny the application or refer the application to the board of adjustment for consideration as a variance. 2. The zoning officer may not take final action to approve or deny an administrative adjustment application until at least 20 days after the date that required notices were mailed. 3. The zoning officer’s decision to approve or deny must be based on the approval cri- teria of 20.85.110F. F. Approval Criteria Administrative adjustments may be approved by the zoning officer only when the zoning officer determines that any specific approval criteria associated with the authorized ad- ministrative adjustment and the following general approval criteria have been met: 1. the requested administrative adjustment is consistent with all relevant purpose and intent statements of this zoning ordinance; 2. the requested administrative adjustment will have no appreciable adverse impact on the health, safety, or general welfare of surrounding property owners or the general public; and ---PAGE BREAK--- Chapter 20.85Chapter 20.50 Review and Approval ProceduresNatural Resource Protection 20.85.12020.50.040 Zoning Compliance PermitsAgricultural Land Preservation M I S S O U L A Z O N I N G O R D I N A N C E Public Hearing Draft (05-29-2009) – Page 20.85-25 3. any adverse impacts resulting from the administrative adjustment will be mitigated to the maximum extent feasible. G. Conditions of Approval In granting an administrative adjustment, the zoning officer may impose conditions upon the subject property that are necessary to reduce or minimize any potentially adverse im- pacts on other property in the surrounding area, and to carry out the stated purpose and intent of this zoning ordinance. H. Transferability Administrative adjustment approval runs with the land and is not affected by changes of tenancy, ownership, or management. I. Amendments A request for changes in conditions of approval of an administrative adjustment must be processed as a new administrative adjustment application, including the requirements for fees and notices. J. Appeals Final decisions of the zoning officer may be appealed by any person aggrieved by the deci- sion in accordance with the procedures of 20.85.100. 20.85.120 Zoning Compliance Permits A. Purpose Zoning compliance permits are required for the purpose of determining compliance with all applicable provisions of this zoning ordinance, including the requirements that apply to unzoned land (See 20.70.010) Zoning compliance permits are generally required for development and building activities that do not require a building permit, while zoning compliance review (20.85.130) is required for development and building activities that do require building permits. B. Applicability 1. A zoning compliance permit is required before any structure, or part of a structure is created, erected, changed or converted, wholly or in part, in its use, occupancy, or construction 2. A zoning compliance permit is also required before any new use is established or any existing use is changed wholly or in part. Commentary: Other land use and development plans that do not require a building permit may require a zoning compliance per- mit. Development that does require a building permit is reviewed for zoning ordinance compliance through the zoning compliance review process of 20.85.130. C. Application Filing 1. Complete applications for approval of a zoning compliance permit must be filed with appropriate personnel in the office of planning and grants. 2. Each application for a zoning compliance permit must be accompanied by a site plan drawn to scale, and in such form as may be prescribed by the zoning officer, showing the actual size and dimensions of the lotparcel to be built upon, the size of the building to be erected, and such other information as the zoning officer deter- mines necessary to allow a competent determination of the whether the require- ments of this zoning ordinance have been met. ---PAGE BREAK--- Chapter 20.85Chapter 20.50 Review and Approval ProceduresNatural Resource Protection 20.85.13020.50.040 Zoning Compliance ReviewAgricultural Land Preservation M I S S O U L A Z O N I N G O R D I N A N C E Public Hearing Draft (05-29-2009) – Page 20.85-26 D. Review and Decision—Zoning Officer The zoning officer must review each application for a zoning compliance permit and act to issue or deny a zoning compliance permit based solely on whether the proposed use, structure or development complies with all applicable provisions of this zoning ordi- nance. E. Lapse of Approval 1. A zoning compliance permit will lapse and have no further effect 2 years after it is is- sued by the zoning officer, unless: a. a building permit has been issued (if required); b. a zoning compliance permit certificate of occupancy has been issued; and c. a final certificate of zoning compliance has been issued. d.the building or use has been established. F. Appeals 1. Zoning officer decisions to deny the issuance of a zoning compliance permit for noncompliance with one or more regulations of this zoning ordinance may be ap- pealed to the board of adjustment in accordance with 20.85.100, unless the subject property is unzoned. Appeals of decisions to deny zoning compliance permits on unzoned land must be processed in accordance with 20.85.120F.2, below. 2. Zoning officer decisions to deny the issuance of a zoning compliance permit for noncompliance with one or more regulations that apply to unzoned land may be appealed only to the city council, as follows: a. Appeals must be filed within 5 days of date of the zoning officer’s decision to deny the zoning compliance permit. b. The appeal must be in writing and submitted to appropriate personnel in the office of planning and grants. c. The zoning officer is responsible for distributing a copy of the appeal to the city clerk and referring the request for a hearing to the city council. d. Once a hearing date is set by the city council, notice of the public hearing must be published in the newspaper at least 15 days before the hearing. Notice of the city council’s hearing on the appeal must also be posted on the subject prop- erty at least 15 days before the public hearing. (See 20.85.020D.3 for additional information on public hearing notices) e. The city council’s decision is final. Any person aggrieved by the city council’s decision may appeal the decision to district court. The appeal must be pre- sented to the court within 30 days after the filing of the decision by the zoning officer. 20.85.130 Zoning Compliance Review A. Purpose Zoning compliance review is required—prior to the issuance of building permits or busi- ness licenses—for the purpose of determining whether proposed structures and uses comply with all applicable provisions of this zoning ordinance, including the require- ments that apply to unzoned land (See 20.70.010) Development that does not require ---PAGE BREAK--- Chapter 20.85Chapter 20.50 Review and Approval ProceduresNatural Resource Protection 20.85.13020.50.040 Zoning Compliance ReviewAgricultural Land Preservation M I S S O U L A Z O N I N G O R D I N A N C E Public Hearing Draft (05-29-2009) – Page 20.85-27 building permits may be subject to the zoning compliance permit procedures of 20.85.120. B. Applicability Zoning compliance review is required before any structure, or part of a structure may be created, erected, changed or converted, wholly or in part, in its use, occupancy, or con- struction. C. Timing Zoning compliance review must be conducted before the building inspector issues a building permit or the treasurer’s office issues a new business license or allows the transfer of an existing license. D. Applications 1. Zoning compliance review for development as submitted to the building depart- ment requires a site plan drawn to scale, and in such form as may be prescribed by the zoning officer, showing the actual size and dimensions of the lotparcel to be built upon, the size of the building to be erected, and such other information as the zoning officer determines necessary to allow a competent determination of the whether the requirements of this zoning ordinance have been met. 2. Zoning compliance review for business license issuance must include the subject property’s legal street address when the business license application is submitted to the finance office. E. Review and Decision—Zoning Officer The zoning officer must review each building permit application and business license ap- plication and act to approve or deny the zoning compliance review based solely on whether the proposed use, structure or development complies with all applicable provi- sions of this zoning ordinance. F. Appeals 1. Zoning officer decisions of noncompliance with one or more regulations of this zon- ing ordinance may be appealed to the board of adjustment in accordance with 20.85.100, unless the subject property is unzoned. Appeals of decisions to deny zon- ing compliance review approval on unzoned land must be processed in accordance with 20.85.120F.2, below. 2. Zoning officer decisions to deny the issuance of zoning compliance review approval due to noncompliance with one or more regulations that apply to unzoned land may be appealed only to the city council, as follows: a. Appeals must be filed within 5 days of date of the zoning officer’s decision to deny the zoning compliance permit. b. The appeal must be in writing and submitted to appropriate personnel in the office of planning and grants. c. The zoning officer is responsible for distributing a copy of the appeal to the city clerk and referring the request for a hearing to the city council. d. Once a hearing date is set by the city council, notice of the public hearing must be published in the newspaper at least 15 days before the hearing. Notice of the city council’s hearing on the appeal must also be posted on the subject prop- erty at least 15 days before the public hearing. (See 20.85.020D.3 for additional ---PAGE BREAK--- Chapter 20.85Chapter 20.50 Review and Approval ProceduresNatural Resource Protection 20.85.14020.50.040 Final Zoning Compliance ApprovalAgricultural Land Preservation M I S S O U L A Z O N I N G O R D I N A N C E Public Hearing Draft (05-29-2009) – Page 20.85-28 information on public hearing notices) e. The city council’s decision is final. Any person aggrieved by the city council’s decision may appeal the decision to district court. The appeal must be pre- sented to the court within 30 days after the filing of the decision by the zoning officer. 20.85.140 Final Zoning Compliance Approval A. No building or premises other than a detached house or two-unit house may be used or occupied until the zoning officer has issued a final zoning compliance approval, which states that the use and arrangement of structures and site features comply with all appli- cable regulations of this zoning ordinance. The final zoning compliance approval may be issued only after the zoning officer has conducted a final inspection of the premises and has determined that the site has been developed in compliance with the site plan ap- proved by the zoning officer at the time a zoning compliance permit was issued. B. Temporary final zoning compliance approvals may be issued for a period of up to 6 months, during the completion of any alterations or during partial occupancy of such building or site. 1. Such temporary final zoning compliance approval may be extended, but may not in any way affect the rights, duties and obligations of the owner or the city, relative to the use or occupancy of the premises converted, or any other matter covered by this zoning ordinance. 2. The zoning officer is authorized to require a financial guarantee, in a form approved by the city attorney, before issuance of a temporary final zoning compliance ap- proval. a. Required financial guarantees must be held by the zoning officer for the dura- tion of the temporary final zoning compliance approval. b. The amount of any required financial guarantee must be equal to at least 110% of the amount deemed necessary to complete the development in accordance with all applicable requirements of this ordinance. c. The financial guarantee may only be returned to the property owner upon the issuance of a final zoning compliance approval. d. If the temporary final zoning compliance approval expires and the develop- ment is not completed in accordance with all applicable requirements of this ordinance, the city is authorized exercise the financial guarantee and use the funds to cause the completion of the development. C. Owners of detached houses and two-unit houses may request a final zoning compliance approval, but they are not required to obtain such approval. ---PAGE BREAK--- M I S S O U L A Z O N I N G O R D I N A N C E Public Hearing Draft (05-29-2009) – Page 20.90-1 Chapter 20.90 Administration 20.90.010 Board of 20.90-1 20.90.020 Design Review Board 20.90-2 20.90.030 Historic Preservation 20.90-3 20.90.040 Planning 20.90-6 20.90.050 Zoning Officer 20.90-8 20.90.060 Historic Preservation Officer 20.90-9 20.90.010 Board of Adjustment A. Authority A board of adjustment is established as authorized by MCA § 76-2-321 through § 76-2- 328. The board of adjustment is responsible for conducting public hearings and making decisions in accordance with the procedures of this zoning ordinance and state law. B. Membership 1. The board of adjustment must consist of 7 regular members and 2 alternate mem- bers, all of whom must reside in the city. 2. Members are appointed by the Mayor, with approval of the city council. 3. Alternate members may vote only in the absence of a regular member. The alter- nates must be designated as alternate #1 and alternate If both alternate members are present at the meeting and there the need for only one alternate to participate in a vote, alternate #1 will be the first alternate to assume voting status. If 2 alternates are required alternate #2 will assume voting status. Alternate member #2 may also vote whenever alternate #1 is not available and the vote of an alternate is needed. When called upon, alternates will assume all of the rights and responsibilities of regular members. C. Terms Members of the board of adjustment serve terms of 3 years, and may be reappointed. D. Operation 1. The board of adjustment must establish a regular meeting schedule and make the schedule available to the general public. 2. Special meetings may be called by the chairperson or by an affirmative vote of at least 5 members. 3. The zoning officer is responsible for announcing meetings of the board of adjust- ment. 4. The board of adjustment must adopt its own rules and bylaws, consistent with its powers and duties under the provisions of this zoning ordinance, the municipal code and state law. The zoning officer must file a copy of the bylaws in the office of planning and grants. 5. The zoning officer must file board of adjustment decisions with the county clerk and recorder and keep a summary of all actions of the board of adjustment in the form of minutes or reports on the board of adjustment’s decisions. ---PAGE BREAK--- Chapter 20.90Chapter 20.50 AdministrationNatural Resource Protection 20.90.02020.50.040 Design Review BoardAgricultural Land Preservation M I S S O U L A Z O N I N G O R D I N A N C E Public Hearing Draft (05-29-2009) – Page 20.90-2 E. Voting A quorum of the board of adjustment requires the presence of at least 5 members. Unless otherwise expressly stated, action by the board of adjustment requires the concurring vote of at least 4 members. F. Staff Support The board of adjustment is served primarily by the zoning officer, who acts as staff to the board of adjustment. It is the duty of other city departments to render such assistance as may be reasonably required or requested by the board of adjustment. See also 20.90.050 for a description of the zoning officer’s powers and duties. G. Appeals of Board of Adjustment Decisions Any person aggrieved by a decision of the board of adjustment may appeal the board’s decision to district court. The appeal must be presented to the court within 30 days after the board of adjustment’s decision is filed with the county clerk and recorder. 20.90.020 Design Review Board A. Authority 1. General a. A design review board is established to promote the health, safety, and general welfare of the city. The design review board is responsible for reviewing pro- jects assigned to it by the city council via the city council’s ordinances, resolu- tions, and motions. b. The design review board, consistent with all city council resolutions, motions and city council-approved review criteria, may deny or approve, in whole or in part, or may modify and set conditions for approval, or provide advice and counsel, for any request pursuant to this chapter. 2. Specific The design review board has specific authority and responsibility for furthering the stated purposes of zoning ordinances that the city council may adopt that provide for design review. Those areas of critical development that positively affect sur- rounding properties and should be reviewed by the board include: a. boulevard districts; b. phases of planned unit developments, as required by the city council; c. signage requests, as provided by 20.75.100; and d. design review approval. B. Membership 1. The design review board must consist of 7 regular members and one alternate mem- ber, all of whom reside in the city or unincorporated Missoula County. 2. Members must be appointed by the city council, with an effort to achieve a diversity of expertise, background, and interest. Such diversity should include: a. one local historian; b. one graphic artist; ---PAGE BREAK--- Chapter 20.90Chapter 20.50 AdministrationNatural Resource Protection 20.90.03020.50.040 Historic Preservation CommissionAgricultural Land Preservation M I S S O U L A Z O N I N G O R D I N A N C E Public Hearing Draft (05-29-2009) – Page 20.90-3 c. one practicing architect; d. three individuals with demonstrated interest in and knowledge of the historic and environmental heritage of the city; e. one member at large; and f. one alternate member meeting the criteria of any of the above and serving in the absence or vacancy of any regular board member. C. Terms Members of the design review board serve terms to be set by the city council, ranging from one to 3 years at the city council’s discretion. In setting terms, the city council must attempt to stagger the expiration of board member terms to help ensure continuity. D. Operation 1. The design review board must establish a regular meeting schedule and make the schedule available to the general public. 2. Special meetings may be called by the chairperson or by an affirmative vote of at least 4 members. 3. The zoning officer is responsible for announcing meetings of the design review board. 4. The design review board must adopt its own rules and bylaws, consistent with its powers and duties under this zoning ordinance, the municipal code and state law. The zoning officer must file a copy of the bylaws in the office of planning and grants. 5. The zoning officer must keep a summary of all actions of the design review board in the form of minutes or reports on the design review board’s decisions. 6. No member of the design review board may vote on any project in which they or any partner has worked or has any financial, personal, or other direct interest. E. Voting A quorum of the design review board requires the presence of at least 4 members. Unless otherwise expressly stated, action by the design review board requires a simple majority vote of design review board members present and voting. F. Staff Support The design review board is served primarily by the zoning officer, who acts as staff to the design review board. It is the duty of other city departments to render such assistance as may be reasonably required or requested by the design review board. See also 20.90.050 for a description of the zoning officer’s powers and duties. G. Appeals of Design Review Board Decisions Any person aggrieved by a decision of the design review board may appeal the design re- view board’s decision to the city council. 20.90.030 Historic Preservation Commission A. Authority 1. General A historic preservation commission is established for the following general purposes: ---PAGE BREAK--- Chapter 20.90Chapter 20.50 AdministrationNatural Resource Protection 20.90.03020.50.040 Historic Preservation CommissionAgricultural Land Preservation M I S S O U L A Z O N I N G O R D I N A N C E Public Hearing Draft (05-29-2009) – Page 20.90-4 a. reviewing and commenting on the conduct of land use, housing and redevel- opment, municipal improvement, and other types of planning and programs undertaken by city, county, state or federal agencies, as they relate to historic resources; b. reviewing and administering guidelines and standards to be used by the his- toric preservation commission and the historic preservation officer in review- ing applications for certificates of appropriateness in historic district overlay zones and areas of influence; c. recommending to the city council the purchase of fee or less than fee (ease- ments) interests in properties for purposes of historic resource preservation; d. providing all interested parties with information available on surveys, technol- ogy, and funding sources needed to promote historic resource preservation; e. preserving, restoring, maintaining or operating historic properties under the ownership of the historic preservation commission; f. reviewing applications, permits and environmental impact statements pertain- ing to historic resources or historic districts; g. approving or disapproving applications for certificates of appropriateness as outlined in20.25.070F; h. rendering advice and guidance upon request of the property owner regarding restoration, alteration, decoration, landscaping or maintenance of any historic resource; i. performing all other duties imposed or authorized by this zoning ordinance or the municipal code; and j. delegating appropriate responsibility to the historic preservation officer. 2. Specific The historic preservation commission has the duty and authority to: a. Review and comment on actions that impact historic resources, including: City, state and federal planning programs; Environmental assessments, environmental impact statements and other similar documents; Rezonings and text amendments to this zoning ordinance; Zoning variance applications; and Subdivision plats and other development proposals. b. Consult with the city regarding the acquisition of: Potential or listed historic resources; and Easements or other less-than-fee-simple interests in historic resources; Rights of first refusal to purchase historic resources. c. Provide the public with informational, educational and interpretative pro- grams regarding historic preservation; and d. Apply for and receive funding to further the city’s historic preservation goals. ---PAGE BREAK--- Chapter 20.90Chapter 20.50 AdministrationNatural Resource Protection 20.90.03020.50.040 Historic Preservation CommissionAgricultural Land Preservation M I S S O U L A Z O N I N G O R D I N A N C E Public Hearing Draft (05-29-2009) – Page 20.90-5 B. Membership The historic preservation commission must have the following composition: a. There must be a historic preservation commission member from each of the 5 geographic regions designated on the Historic Preservation Commission Geo- graphic Region Map on file at the office of planning and grants. The historic preservation commission member representing the downtown region may ei- ther reside or work in that region. All other members representing geographic regions must reside within the geographic region they represent. b. There must be one at-large member of the historic preservation commission, who may reside in the either the city or the unincorporated county. c. There must be 3 “professional members” of the historic preservation commis- sion. Professional members may reside in the either the city or the unincorpo- rated county. All professional members must possess professional experience in such fields as architecture, history, architectural history, landscape architec- ture, archeology, city planning, American studies, cultural geography, or cul- tural anthropology. Professional members must, to the extent possible, meet the Secretary of Interior’s Professional Qualification Standards found at 36 C.F.R. 61 and the standards listed in the Montana Certified Local Government Manual. d. One of the members of historic preservation commission must be a member of the city’s design review board. That member may reside in the either the city or the unincorporated county. e. One of the members of the historic preservation commission must be a mem- ber of the Missoula Redevelopment Agency (MRA) commission. That member may reside in the either the city or the unincorporated county. f. There must be 2 at-large alternate members of the historic preservation com- mission. Alternate members will be called on to serve as a regular commission member under the following circumstances: In the absence of any commission member; To fill the unexpired term of a regular commission member who resigns; and To advance to regular commission member status as vacancies occur. C. Terms A historic preservation commission member’s term runs for 3 years, and appointments must be staggered. Members of the historic preservation commission member will not be compensated for their services, although members may be reimbursed for expenses in- curred in fulfilling their powers and duties under this section. D. Operation 1. The historic preservation commission must establish a regular meeting schedule and make the schedule available to the general public. 2. Special meetings may be called by the chairperson or by simple majority vote of the historic preservation commission. 3. The zoning officer is responsible for announcing meetings of the historic preserva- tion commission. ---PAGE BREAK--- Chapter 20.90Chapter 20.50 AdministrationNatural Resource Protection 20.90.04020.50.040 Planning BoardAgricultural Land Preservation M I S S O U L A Z O N I N G O R D I N A N C E Public Hearing Draft (05-29-2009) – Page 20.90-6 4. Commission meetings must be: a. Noticed by publication in a local newspaper of general circulation at least 15 days before the meeting. Such notice must include the date, place, time and purpose of the meeting; b. Open to the public in accordance with applicable state law; and c. Held with a quorum consisting of not less than a majority of the commission- ers present. 5. The historic preservation commission must adopt its own rules and bylaws, consis- tent with its powers and duties under this zoning ordinance, the municipal code and state law. The historic preservation officer must file a copy of the bylaws in the office of planning and grants. 6. The zoning officer must file historic preservation commission decisions (with the deed to the subject property) with the county clerk and recorder and keep a sum- mary of all actions of the historic preservation commission in the form of minutes or reports on the historic preservation commission’s decisions. E. Voting Action by the historic preservation commission requires a simple majority vote of those commission members present and voting. F. Staff Support The historic preservation commission is served primarily by the historic preservation offi- cer, who acts as staff to the historic preservation commission. It is the duty of other city departments to render such assistance as may be reasonably required or requested by the design review board. See also 20.90.060 for a description of the historic preservation offi- cer’s powers and duties. G. Appeals of Historic Preservation Commission Decisions Decisions of the historic preservation officer and decisions of the historic preservation commission are deemed administrative decisions and as such, may be appealed in accor- dance with 20.85.100. 20.90.040 Planning Board A. Authority A planning board is established for the purpose of carrying out the following powers and duties: 1. serving as the zoning commission, as provided in MCA § 76-2-307; 2. making recommendations to the city council on all matters relating to the adoption or amendment of the growth policy and any other planning document designed to be a guide for the orderly development of the community and on any other matter referred to it by the city council; 3. reviewing and making decisions on conditional uses; 4. making recommendations to the city council on all ordinances and resolutions adopted for the purpose of regulating land use, zoning and development; and 5. conducting public hearings and making recommendations to the city council in ac- cordance with the procedures of this zoning ordinance. ---PAGE BREAK--- Chapter 20.90Chapter 20.50 AdministrationNatural Resource Protection 20.90.04020.50.040 Planning BoardAgricultural Land Preservation M I S S O U L A Z O N I N G O R D I N A N C E Public Hearing Draft (05-29-2009) – Page 20.90-7 B. Membership The planning board must consist of the following members: 1. two citizen members who reside within the city limits, to be appointed by the mayor; 2. two citizen members who reside within the city limits, to be appointed by the city council; 3. one alternate citizen member who resides within the city limits, to be appointed by the city council; 4. two citizen members who reside outside the city limits but within a 4.5-mile radius of the city limits, to be appointed by the county commission; 5. one citizen member who resides outside of a 4.5-mile radius of the city limits, to be appointed by the county commission; 6. one alternate citizen member who resides anywhere in the unincorporated county, to be appointed by the county commissioners; and 7. one citizen member who resides in either within the city limits or the unincorpo- rated county, to be appointed by the planning board. C. Terms Members of the planning board serve terms of 3 years, and may be reappointed. D. Operation 1. The planning board must establish a regular meeting schedule and make the sched- ule available to the general public. 2. Special meetings may be called by the chairperson or by simple majority vote of the planning board. 3. The zoning officer is responsible for announcing meetings of the planning board. 4. The planning board must adopt its own rules and bylaws, consistent with its powers and duties under this zoning ordinance, the municipal code and state law. The zon- ing officer must file a copy of the bylaws in the office of planning and grants. 5. The zoning officer must file planning board decisions (with the deed to the subject property) with the county clerk and recorder and keep a summary of all actions of the planning board in the form of minutes or reports on the planning board’s deci- sions. E. Voting Action by the planning board requires a simple majority vote of those planning board members present and voting. F. City Staff Support The planning board is served primarily by the zoning officer, who acts as staff to the planning board. It is the duty of other city departments to render such assistance as may be reasonably required or requested by the planning board. See also 20.90.050 for a de- scription of the zoning officer’s powers and duties. ---PAGE BREAK--- Chapter 20.90Chapter 20.50 AdministrationNatural Resource Protection 20.90.05020.50.040 Zoning OfficerAgricultural Land Preservation M I S S O U L A Z O N I N G O R D I N A N C E Public Hearing Draft (05-29-2009) – Page 20.90-8 20.90.050 Zoning Officer A. Appointment The director of the office of planning and grants is authorized to appoint the zoning offi- cer. B. Powers and Duties The zoning officer has the authority and responsibility to: 1. maintain files and records to document fee receipts, the issuance of permits, peti- tions, agendas, minutes, record of public hearings, and other matters relating to zoning within the city. Such files and records must be available and open for public inspection during regular business hours, unless otherwise determined by the city attorney; 2. receive, process, and collect fees for processing development and permit applica- tions; 3. publish notice of required public hearings, as required by this zoning ordinance, the municipal code and applicable state statutes; 4. prepare materials necessary for the planning board, board of adjustment, design re- view board, or the city council to properly conduct meetings and public hearings in the administration of this zoning ordinance; 5. provide written recommendations in accordance with the review procedures of Chapter 20.85 and provide background information supporting staff’s recommen- dations; 6. make decisions on matters on which the zoning officer is authorized to act in accor- dance with the review procedures of Chapter 20.85 and provide background infor- mation supporting the decision; 7. coordinate with the building inspection division and the county zoning officer on matters relating to the requirements of zoning districts within the building permit jurisdictional area and, in matters of annexation, facilitate the smooth transition of land uses from one jurisdiction’s zoning district to another; 8. properly file all materials and documents relating to zoning within the city with the city clerk and county clerk and recorder, as required by applicable state statutes; 9. act as staff for the planning board, the board of adjustment, the design review board, and the city council; 10. provide zoning information to the public, government agencies and officials; 11. interpret this zoning ordinance; 12. promote substantive and procedural uniformity in the administration of this zoning ordinance; 13. where ambiguity in the interpretation of this zoning ordinance arises, issue zoning officer opinions that serve to clarify the intent of these regulations, subject to the re- view and approval of the director of the office of planning and grants and the city at- torney 14. forward copies of all zoning officer opinions to the city council; 15. conduct investigations of alleged zoning violations and where appropriate make a referral to the city attorney; ---PAGE BREAK--- Chapter 20.90Chapter 20.50 AdministrationNatural Resource Protection 20.90.06020.50.040 Historic Preservation OfficerAgricultural Land Preservation M I S S O U L A Z O N I N G O R D I N A N C E Public Hearing Draft (05-29-2009) – Page 20.90-9 16. conduct inspections in the performance of duties; 17. regular maintenance of and updates to the zoning ordinance; and 18. issuance of final zoning compliance certificates. 20.90.060 Historic Preservation Officer A. Appointment The director of the office of planning and grants must appoint a historic preservation of- ficer who demonstrates interest, competence, and knowledge in historic preservation and who has an educational background or professional experience in history, planning, ar- chaeology, architecture, architectural history, historic archaeology, or a closely related field. B. Powers and Duties The historic preservation officer must assist the historic preservation commission in ful- filling its powers and duties by: 1. Coordinating local historic preservation programs; 2. Conducting and updating historic preservation surveys; 3. Maintaining and keeping records relating to nominations, designation, certificates of appropriateness and permits, alternative compliance applications and permits, other permits and historic preservation commission actions; and 4. Providing advice and education to the public regarding: a. Historic preservation; b. Designation process; c. Certificate of appropriateness process; and d. Alternative Compliance process. 5. Maintaining written minutes of all public meetings of the historic preservation commission, including a summary of relevant testimony and historic preservation commission discussion preceding any actions taken by the historic preservation commission at their meetings. ---PAGE BREAK--- ---PAGE BREAK--- M I S S O U L A Z O N I N G O R D I N A N C E Public Hearing Draft (05-29-2009) – Page 20.95-1 Chapter 20.95 Violations, Penalties and Enforcement 20.95.010 General 20.95-1 20.95.020 Responsibility for Enforcement 20.95-1 20.95.030 Responsibility for Violations 20.95-1 20.95.040 20.95-1 20.95.050 Remedies and Enforcement 20.95-2 20.95.060 20.95-3 20.95.070 Other Remedies and Enforcement 20.95-3 20.95.080 Continuation of Previous Enforcement 20.95-3 20.95.010 General This chapter applies to all provisions of this zoning ordinance unless otherwise expressly stated. 20.95.020 Responsibility for Enforcement The zoning officer has primary responsibility for enforcement of this zoning ordinance. 20.95.030 Responsibility for Violations The following persons may be jointly and severally responsible for violations of this zoning ordinance and subject to enforcement: A. any owner of property on which a violation of this zoning ordinance occurs; B. any architect, engineer, builder, contractor, agent, or any other person who knowingly participates in, assists, directs, creates, or maintains a situation that constitutes a violation of this zoning ordinance; and C. any tenant or occupant who has control over, or responsibility for, use or development of the subject property. 20.95.040 Violations All buildings and land used or developed, and all buildings and structures erected, converted, enlarged, reconstructed, moved or structurally altered, must comply with all applicable provisions of this zoning ordinance. Failure to comply with applicable provisions constitutes a violation of this zoning ordinance. Express violations include but are not limited to the following: A. using land or buildings in violation of the requirements of this zoning ordinance; B. erecting a building or other structure in any way not consistent with the requirements of this zoning ordinance; C. engaging in the development of land in any way not consistent with the requirements of this zoning ordinance; D. developing land inconsistent with the standards and procedures of this zoning ordinance; E. installing or using a sign in any way not consistent with the requirements of this zoning ordinance; F. engaging in the use or alteration of a building or land, the use or installation of a sign, or any other activity requiring one or more permits or approvals under this zoning ordi- nance without obtaining all such permits or approvals; G. failing to comply with any permit or approval granted under this zoning ordinance; H. failing to comply with any condition imposed on a permit or approval; ---PAGE BREAK--- Chapter 20.95Chapter 20.50 Violations, Penalties and EnforcementNatural Resource Protection 20.95.05020.50.040 Remedies and Enforcement PowersAgricultural Land Preservation M I S S O U L A Z O N I N G O R D I N A N C E Public Hearing Draft (05-29-2009) – Page 20.95-2 I. obscuring, obstructing, removing or destroying any notice required to be posted or oth- erwise given under this zoning ordinance; J. failing to comply with any lawful order related to this ordinance issued by an authorized city official; or K. disobeying, omitting, neglecting, or refusing to comply with or resist the enforcement of any of the provisions of this zoning ordinance. 20.95.050 Remedies and Enforcement Powers A. Applicability The city may use any lawful remedy or enforcement powers, expressly including those de- scribed in this section. B. Remedies Cumulative The remedies and enforcement powers established in this zoning ordinance are cumula- tive, and the city may exercise them in any order. C. Withhold Permit or Other Development Authorization 1. The zoning officer may deny or withhold all permits, certificates or other forms of authorization on any land or structure or improvements on property upon which there is an uncorrected violation of a provision of this zoning ordinance or of a con- dition or qualification of a permit, certificate, approval or other authorization previ- ously granted by the city. This enforcement power may be applied regardless of whether the current property owner or applicant is responsible for the violation in question. 2. The zoning officer may deny or withhold all permits, certificates or other forms of authorization on any land or structure or improvements owned or being developed by a person who owns, develops or otherwise causes an uncorrected violation of a provision of this zoning ordinance or of a condition or qualification of a permit, certificate, approval or other authorization previously granted by the city. This pro- vision may be applied regardless of whether the property for which the permit or other approval is sought is the property in violation. For purposes of this section, a “person” is defined as any individual or business entity with more than a 20% inter- est in the subject property. D. Permits with Conditions Instead of withholding or denying a permit or other authorization, city officials may grant such authorization subject to the condition that the violation be corrected within a speci- fied period of time. City officials are authorized to require a financial guarantee to ensure that corrective actions will be taken. Such financial guarantees are subject to the provi- sions of 20.85.140B. E. Stop Work 1. Whenever a structure or part thereof is being constructed, reconstructed, altered, or repaired, or other development is occurring, in violation of this zoning ordinance, the zoning officer may order the work to be immediately stopped. 2. The stop work order must be in writing and directed to the person doing the work. ---PAGE BREAK--- Chapter 20.95Chapter 20.50 Violations, Penalties and EnforcementNatural Resource Protection 20.95.06020.50.040 PenaltiesAgricultural Land Preservation M I S S O U L A Z O N I N G O R D I N A N C E Public Hearing Draft (05-29-2009) – Page 20.95-3 3. The stop work order must state the specific work to be stopped, the specific reasons for the ordered stoppage, and the conditions under which the work may be re- sumed. F. Forfeiture and Confiscation of Signs Any sign installed or placed on public property, except in compliance with the regulations of Chapter 20.75, will be subject to forfeiture to the public and confiscation. In addition to other remedies and penalties of this section, the city has the right to dispose of signs il- legally placed on public property and to recover from the sign owner, or person who placed the sign, the full costs of sign removal and disposal. G. Injunctive Relief The city may seek an injunction or other equitable relief in court to stop any violation of this zoning ordinance. H. Abatement The city may seek a court order in the nature of mandamus, abatement, or other action or proceeding to abate or remove a violation or to otherwise restore the premises in question to the condition in which they existed before the violation. I. Remedial Action Any person who violates this zoning ordinance by alteration or modification of a struc- ture to increase the number of dwelling units or living spaces within the structure, or by allowing any such alteration or modification to continue or to be used, is required to re- move all fixtures, electrical and plumbing connections, furnishings, partitions and non- load bearing walls used in the violation. 20.95.060 Penalties Any person who violates this zoning ordinance is deemed guilty of a misdemeanor, and, upon conviction, may be fined not less than $25.00 and not more than $500.00 for each offense. Each day that a violation exists constitute a separate offense. 20.95.070 Other Remedies and Enforcement Powers The city may seek such other remedies and use other enforcement powers, as allowed by law. 20.95.080 Continuation of Previous Enforcement Actions Nothing in this zoning ordinance will be interpreted to prohibit the continuation of previous enforcement actions, undertaken by the city under previous, valid ordinances and laws. ---PAGE BREAK--- ---PAGE BREAK--- M I S S O U L A Z O N I N G O R D I N A N C E Public Hearing Draft (05-29-2009) – Page 20.100-1 Chapter 20.100 Terminology 20.100.010 General 20.100-1 20.100.010 General Terms The words and terms expressly defined in this chapter have the specific meanings assigned, unless the con- text expressly indicates another meaning. Words that are not expressly defined have the meaning given in the latest edition of Merriam-Webster’s Unabridged Dictionary. ACCESSORY BUILDING A building that is subordinate in area, extent and or purpose to the principal use and building on the lot- parcel and that is customarily used in conjunction with a permitted accessory use. (See also the accessory use/structure regulations of Chapter 20.45) ACCESSORY DWELLING UNIT A separate dwelling unit within a detached house or a separate dwelling unit that occupies an accessory building that shares a lotparcel with a detached house. As the name implies, accessory dwelling units are an accessory use to the principal use of the property a detached house). (See also the /ADU Overlay district regulations of 20.25.080) ACCESSORY STRUCTURE A structure that is subordinate in area, extent and or purpose to the principal use and building on the lot- parcel and that is customarily used in conjunction with a permitted accessory use. (See also the accessory use/structure regulations of Chapter 20.45) ACCESSORY USE The use of any land, building or structure that is customarily associated with and incidental and subordi- nate to the principal use located on the same lotparcel. (See Chapter 20.45) ADMINISTRATIVE ADJUSTMENT Modification of an otherwise applicable standard, approved in accordance with 20.85.110. AGENT A person duly authorized to act on behalf of the subject property owner. AGRICULTURAL LAND Land used for agriculture or having a soil type defined by the Natural Resources Conservation Service as having agricultural importance, including prime farmland, farmland of statewide importance, and farm- land of local importance. ALLEY A public right-of-way that affords a secondary means of access to abutting property, generally secondary in nature. ANTENNA Any structure or devise used for the purpose of collecting or transmitting electromagnetic waves, includ- ing but not limited to directional antenna such as panels, micro-cells, microwave dishes, and satellite dishes, and omni-directional antenna such as whip antenna but not including satellite earth stations. AREA OF RIPARIAN RESOURCE A stream or other body of water, wet meadow, woody draw, or wetland and land containing any of the habitat or community types listed in 20.50.030H, also including the adjacent buffer area. ---PAGE BREAK--- Chapter 20.100Chapter 20.50 TerminologyNatural Resource Protection 20.100.01020.50.040 General TermsAgricultural Land Preservation M I S S O U L A Z O N I N G O R D I N A N C E Public Hearing Draft (05-29-2009) – Page 20.100-2 ARTIST LIVE/WORK SPACE A dwelling unit in which up to 50% of the floor area is used for the production, showing, and or sale of art. AWNING A roof-like structure of rigid material or fabric or similar non-rigid material attached to a rigid frame that is supported completely or partially by either an exterior building wall or wall exterior to an individual tenant space. BASE (ZONING) DISTRICT Any zoning district that is not an overlay district. BAY WINDOW A building projection that is primarily comprised of a large window or series of windows projecting from the outer wall of a building.; is not supported by a building foundation beneath the window; and has glazing over at least 33% of its vertical surface area. BEST MANAGEMENT PRACTICES (BMPS) Products, techniques, or methods that have been shown to be the most reliable and effective way to mini- mize adverse impacts on natural resources, particularly stormwater quality. BILLBOARD A sign designed to advertise products, services or businesses not necessarily located on the premises on which the sign is located. A sign will not be considered “billboard” unless the sign is designed with a sur- face on which temporary poster panels or bulletins are mounted for the purpose of conveying a commer- cial or noncommercial message. BILLBOARD, DYNAMIC DISPLAY A billboard with a dynamic display. (See “Sign, Dynamic Display” for definition of “Dynamic Display’) BILLBOARD, MOBILE A billboard mounted on an operable motor vehicle or trailer that travels over public streets or is parked on private property. Commercial vehicles used in the day-to-day operation of a business that display text, logos, or any other images related solely to the operation of the subject business business names or logo on delivery vehicles) are not mobile billboards. Public transportation vehicles Mountain Line buses) are not mobile billboards. BLOCK FACE All lotparcels abutting one side of a street between the 2 nearest intersecting streets. ---PAGE BREAK--- Chapter 20.100Chapter 20.50 TerminologyNatural Resource Protection 20.100.01020.50.040 General TermsAgricultural Land Preservation M I S S O U L A Z O N I N G O R D I N A N C E Public Hearing Draft (05-29-2009) – Page 20.100-3 BODY OF WATER, OTHER Ponds and reservoirs greater than 4,356 square feet that do not support fish, and drainage systems, dis- charging directly into streams, pond or other surface water. Swimming pools, irrigation ditches and water bodies used solely for treating, transporting, or impounding pollutants are not considered “other body of water.” BUFFER AREA An area of varying width extending from the edge of a stream, wet meadow, woody draw, wetland or other body of water and land containing any of the habitat or community types listed in 20.50.030H, where de- velopment may have a negative impact on wildlife habitat, water quality and quantity, fish, or other aquatic resources. BUILDING Any structure having a roof supported by columns or walls and intended for the shelter, housing or enclo- sure of any person, animal, process, vehicle, equipment, goods or material of any kind or nature; and, when separated by a party wall without openings, it will be deemed a separate building. BUILDING AND DISTURBANCE AREA That area of a parcel on which any principal buildings will be located building footprint) or on which any of the following will occur: A. grading of more than 50 cubic yards of cut or fill or cut or fill of more than 2 feet below or above existing grade; or B. removal of one or more trees with a diameter breast height of 6 inches or greater. BUILDING FRONTAGE See 20.75.170D BUILDING GRAPHICS Any mosaic, mural or painting or graphic art technique or combination or grouping of mosaics, murals or paintings or graphic art techniques that does not contain any commercial message and this is applied or implanted directly onto a wall or fence. BUILDING LINE An imaginary line representing the vertical projection (or plumb line) actual location of an exterior build- ing wall that encloses interior floor space. ---PAGE BREAK--- Chapter 20.100Chapter 20.50 TerminologyNatural Resource Protection 20.100.01020.50.040 General TermsAgricultural Land Preservation M I S S O U L A Z O N I N G O R D I N A N C E Public Hearing Draft (05-29-2009) – Page 20.100-4 BUILDING SITE A lot or parcel used or intended to be used for building or development. CABARET LICENSE A license issued by the State Department of Revenue pursuant to Montana State law that allows restau- rants, cafes, or eating establishments to serve beer and wine to patrons who purchase food, when at least 65% of its gross annual income is derived from the sale of food. Gaming and gambling are prohibited. (also know as a “restaurant beer/wine (RB/W) license”) CANOPY A permanent roof-like shelter extending from part or all of a building face and constructed of some dura- ble material such as metal, glass, plastic or weather-resistant fabric. CHANNEL LETTER A fabricated or formed three-dimensional letter, number or symbol. CO-LOCATION The use of a personal wireless service facilities support structure by more than one wireless communica- tions provider. COMMERCIAL MESSAGE Any sign, wording, logo, or other representation that directly or indirectly, names, advertises, or calls at- tention to a business, product, service or other commercial activity. ---PAGE BREAK--- Chapter 20.100Chapter 20.50 TerminologyNatural Resource Protection 20.100.01020.50.040 General TermsAgricultural Land Preservation M I S S O U L A Z O N I N G O R D I N A N C E Public Hearing Draft (05-29-2009) – Page 20.100-5 COMPLETELY ENCLOSED BUILDING A building separated on all sides from the adjacent open space, or from other buildings or other struc- tures, by a permanent roof and by exterior walls or party walls, pierced only by windows and normal en- trance or exit doors. COMPREHENSIVE DESIGN PLAN Building design and signs integrated into one architectural plan, the comprehensive plan being complete in all other building, structural and electrical requirements. (See 20.75.100) CONDITIONAL USE A use that is allowed only if reviewed and approved in accordance with the conditional use procedures of 20.85.070. CONSTRUCTION Any grading, excavation, cutting or filling of material or other disturbance that results in a travel-way for motorized or non-motorized vehicles or the site for a building, structure or landscaping. COPY (PERMANENT AND TEMPORARY) The wording on a sign surface, either in permanent or removable-letter form. COPY CHANGE The replacement of inserts within sign frames, modules or cans, but does not include any alteration or replacement of the sign frame, modules or cans. CORNER LOTPARCEL A lotparcel situated at the intersection of 2 streets, the interior angle of such intersection not exceeding 135 degrees. COURTYARD A landscaped outdoor space surrounded on at least 3 sides by building walls. CUT AND FILL Excavation of material from one place (cut) to be deposited (as fill) in another place. DAY Calendar day, unless otherwise expressly stated. (See also 20.01.090B) DENSITY The number of dwelling units occupying a given amount of land area. DETACHED HOUSE A principal building that containsing only one principal dwelling unit and that is located on a single lot- parcel with private yards on all sides of the building. See 20.05.030. DEVELOPMENT Any man-made change to real estate or property, including buildings or other structures, mining, dredg- ing, filling, grading, paving, excavating, or drilling. ---PAGE BREAK--- Chapter 20.100Chapter 20.50 TerminologyNatural Resource Protection 20.100.01020.50.040 General TermsAgricultural Land Preservation M I S S O U L A Z O N I N G O R D I N A N C E Public Hearing Draft (05-29-2009) – Page 20.100-6 DEVELOPMENT APPLICATION Any application or petition for approval in accordance with the procedures of Chapter 20.85 or similar procedures under this zoning ordinance for approval of a permit or application to commence land clear- ing, grading, building or development. DIAMETER-AT-BREAST HEIGHT (DBH) Tree trunk diameter measured at a height of 4.5 feet above grade level at the base of the tree. DRIVE-THROUGH FACILITY Any service window, automated device or other facility that provides goods or services to individuals in a motor vehicle. DWELLING UNIT Any building or portion of a building providing a complete kitchen and bathroom and , independent, and permanent living or housekeeping facilities for a single household. DYNAMIC DISPLAY See “Sign, Dynamic Display” EASEMENT Authorization by a property owner for use of all or a designated portion of the subject property by an- other property owner or entity. ELECTRONIC MESSAGE CENTER (see Electronic Readerboard) ELECTRONIC READERBOARD A sign or component of a sign that uses changing lights of a single color to form a message or series of messages that are electronically programmed or modified by electronic processes. EQUIPMENT ENCLOSURE A structure, shelter, cabinet, or vault used to house and protect the electronic equipment necessary for processing personal wireless service signals. Associated equipment may include air conditioning, backup power supplies, emergency generators and other equipment necessary for operation of the facility. ERECTED Attached, altered, built, constructed, reconstructed, enlarged or moved, and includes the painting of walls, signs, or the relocation, placement or alteration of individual sign letters, modules, or cans. EROSION The process by which the soil and rock components of the earth’s crust are worn away and removed from one place to another by natural forces such as water, wind, ice, gravity, or artificial means. ESTABLISHED ROAD An existing access or haul route for motorized vehicles that is passable under one or more of the following circumstances: A. as is; B. with surface blading; C. with replacement of stream crossing structures and drainage structures that were removed to re- strict access; or D. with removal of constructed access barriers. FAA Federal Aviation Administration. ---PAGE BREAK--- Chapter 20.100Chapter 20.50 TerminologyNatural Resource Protection 20.100.01020.50.040 General TermsAgricultural Land Preservation M I S S O U L A Z O N I N G O R D I N A N C E Public Hearing Draft (05-29-2009) – Page 20.100-7 FAÇADE All the wall planes of a building seen from one side or view. FCC Federal Communications Commission. FLASHING A pattern of changing light illumination where the sign illumination alternates suddenly between fully illuminated and fully non-illuminated for the purpose of drawing attention to the sign. FLOOR AREA Same as “gross floor area,” except as otherwise expressly stated. FLOOR AREA, GROSS The gross horizontal area of the subject spaceall floors in a building, measured from the exterior faces of any exterior walls or from the center line of joint partitions. Unless otherwise expressly stated, accessory buildings and parking and vehicular circulation areas within principal buildings are not counted as gross floor area. FLOOR AREA, GROSS LEASABLE The total gross floor area designed for tenant occupancy and exclusive use, including basements, mezza- nines, and upper floors, if any, expressed in square feet and measured from the exterior faces of any exte- rior walls or from the center line of joint partitions. FRAME EFFECT A visual effect on an electronic message center applied to a single frame to transition from one message to the next. FRONT PROPERTY LINE The property line that “faces” and is adjacent to abuts the street. On corner lotparcels, the front property line is the property line is the property line that is parallel to the alley that serves the lotparcel. When no alley exists, the zoning officer is authorized to establish the front property line and the street side property line. See 20.110.050A. FRONTAGE (STREET FRONTAGE) The boundary of a lotparcel that abuts a street right-of-way. GARAGE A covered structure designed to provide shelter for vehicles and that is accessory to a use in the following residential building types: detached houses, townhouses, two-unit houses, and multi-unit houses. Car- ports are considered garages. A garage may be attached to or detached from the principal building. See also “Parking Structure” GLAZED AREA That portion of a façade that is comprised of contains glass, including windows, glass block walls and win- dows in doors. GRADE, EXISTING The grade or elevation of the ground surface that exists before application for a permit and before human alteration, such as grading, grubbing, filling, or excavating. GRADE, FINISHED The grade of a site after grading and building construction, inclusive of any retaining walls, built up grade or other changes to existing grade. ---PAGE BREAK--- Chapter 20.100Chapter 20.50 TerminologyNatural Resource Protection 20.100.01020.50.040 General TermsAgricultural Land Preservation M I S S O U L A Z O N I N G O R D I N A N C E Public Hearing Draft (05-29-2009) – Page 20.100-8 GRADE, NATURAL Same as “existing grade.” (See Grade, Existing) GROUNDCOVER Low-growing plants, deciduous or evergreen species that cover the ground, used instead of turf. Plants that generally do not exceed 18 inches in height are classified as groundcover. When referencing the cov- erage of ground cover. the size of the ground cover plants refers to the spread of the plant rather than its height. GROUND FLOOR The first floor of a building (as measured from the lowest floor upward) that has more than 50% of its floor-to-ceiling height above finished grade. GROUND-FLOOR ENTRANCE A ground floor n entrance to the first floor of a structure where the door threshold is at finished grade or within 3 feet of finished grade. HARDINESS ZONES There are 11 planting zones, or “USDA Plant Hardiness Zones,” in the United States and southern Can- ada. The USDA planting zones are regions defined by a 10 degree Fahrenheit difference in the average an- nual minimum temperature. The higher the number, the warmer the temperatures for gardening in those planting zones. Commentary: It is standard practice for seed dealers and nurseries to label their products according to their USDA planting zones. HEALTH AUTHORITIES Montana Department of Environmental Quality and/or the Missoula City/County Health Department. HEIGHT, PLANT MATERIAL Plant height is measured from grade to the uppermost point of growth of the plant. HILLSIDE LAND A slope with a grade over 15% (before grading or land disturbance).Land that is subject to the hillside protection regulations of 20.50.010. HOME OCCUPATION An accessory use of a dwelling unit for business or commercial purposes. Home occupations are subject to the standards of 20.45.050. HOUSEHOLD One or more persons living, sleeping and usually cooking and eating on the premises as a single house- keeping unit. HYDROLOGY The properties of the water, including circulation and distribution, on and below the ground. IMPERVIOUS SURFACE Any surface that either prevents or retards the entry of water into the soil profile, (the area from ground surface to parent material bedrock), as under natural conditions prior to development, and/or a surface area that causes water to run off the surface in greater quantities or at an increased rate of flow from the flow present under natural conditions prior to development. Surfaces that impede the natural infiltration of surface and storm water runoff are impervious. Drainage swales are not considered impervious under this definition. ---PAGE BREAK--- Chapter 20.100Chapter 20.50 TerminologyNatural Resource Protection 20.100.01020.50.040 General TermsAgricultural Land Preservation M I S S O U L A Z O N I N G O R D I N A N C E Public Hearing Draft (05-29-2009) – Page 20.100-9 INDIRECT LIGHTING A source of external illumination that is not attached to or a part of the sign itself. INTERNAL LIGHTING A source of illumination entirely within the sign that makes the sign visible at night by means of lighting the background, light being transmitted through a translucent material or the character letter) itself being opaque and thus silhouetted against the background. The source of illumination may not be visible. INTERIOR SIDE PROPERTY LINE A side property line that does not abut a street or alley. LANDSCAPE PLAN A legible drawing required for the purpose of determining compliance with the landscaping regulations of Chapter 20.65.of sufficient scale to clearly depict the actual dimensions of the parcel and its features in- cluding but not limited to: property lines, all structures, parking areas, drives and access roadways, side- walks, etc., existing trees of 6” DBH and larger, existing vegetation with notations of what will be retained and any topographic variations that either affect or will be affected by the landscaping. Scale must be de- termined at the time of staff review. (Depending on the size of the project, the plan can range anywhere from 1” = 10’ to 1” = 20’.) LANDSCAPE/LANDSCAPING The act of enhancing the appearance of the land by altering its contours and planting trees, shrubs, vines, flowers, turf, groundcover and other plant materials for aesthetic effect. LAWFULLY ESTABLISHED A use, building, structure, parcel or sign (as the context indicates) that was established in conformance with all applicable zoning and subdivision regulations in effect at the time of its establishment. LOT A contiguous area of land with defined boundaries under common ownership created by subdivision, subdivision exemption or their legal equivalent. When one or more adjoining lots are held in common ownership they will be treated as a single lot when evaluating compliance with the standards of this ordi- nance. See also “Parcel.” LOT LINE HOUSE A principal building containing one dwelling unit located on a single lot that is not attached to any other dwelling units. The building is shifted to one side of the lot so that there is a more usable side yard on one side of the house and very little or no private yard on the other side. See 20.05.030. LOW-IMPACT DEVELOPMENT (LID) A site design strategy with the goal of maintaining or replicating the pre-development hydrologic regime through the use of design techniques to create a functionally equivalent hydrologic site design. Through the use of LID techniques, hydrologic functions of storage, infiltration and ground water recharge, as well as the volume and frequency of discharges are maintained through the use of integrated and distributed micro-scale stormwater retention and detention areas, reduction of impervious surfaces, and the length- ening of runoff flow paths and flow time. Other strategies include the preservation/protection of envi- ronmentally sensitive site features such as riparian resource areas, wetlands, steep slopes, mature wood- lands, floodplains, and highly permeable soils. MALT BEVERAGE An alcoholic beverage made by the fermentation of an infusion or decoction, or a combination of both, in potable brewing water, of malted barley with or without hops or their parts or their products and with or without other malted cereals and with or without the addition of unmalted or prepared cereals, other car- bohydrates, or products prepared from carbohydrates and with or without other wholesome products suitable for human food consumption. ---PAGE BREAK--- Chapter 20.100Chapter 20.50 TerminologyNatural Resource Protection 20.100.01020.50.040 General TermsAgricultural Land Preservation M I S S O U L A Z O N I N G O R D I N A N C E Public Hearing Draft (05-29-2009) – Page 20.100-10 MANUFACTURED HOUSING UNIT A factory-built, single-household structure that is manufactured under the authority of 42 USC §5401, the National Manufactured Home Construction and Safety Standards Act, is built on a permanent chassis, and is used as a place for human habitation, but that is not constructed or equipped with a permanent hitch or other device allowing transport of the unit other than for the purpose of delivery to a permanent site, and that does not have wheels or axles permanently attached to its body or frame. This definition spe- cifically does not include recreational vehicles. MARQUEE See Canopy. MIXED-USE BUILDING A building that houses residential uses in combination with nonresidential uses. MULCH Material applied to the soil surface to retain soil moisture, control erosion, inhibit weeds, and/or regulate soil temperatures. MULTI-DWELLING HOUSE A residential building containing 3 to 6 dwelling units that share common walls and/or common floors/ceilingslocated on a single lot. Multi-dwelling houses appear as large detached houses and have only one entrance visible from the street See 20.05.030. MULTI-DWELLING BUILDING A residential building containing 3 or more dwelling units (other than a multi-dwelling house) that share common walls and/or common floors/ceilings. Multi-dwelling buildings are typically served by one or more private or common building entrances. See 20.05.030. MULTI-TENANT DEVELOPMENT A development typically under unified ownership and control consisting of 2 or more business establish- ments. The tenants of multi-tenant development typically share vehicle access and parking facilities. A multi-tenant development may consist of a single (multi-tenant) building or multiple buildings on a sin- gle development site. NONCONFORMING LOTPARCEL A lawfully created lotparcel, shown on a plat or survey map recorded in the office of the county clerk and recorder that does not comply with all applicable minimum lotparcel area or lotparcel width standards of the zoning district in which the lotparcel is located. See 20.80.020 NONCONFORMING SIGN A sign that was lawfully established, in accordance with all zoning and sign regulations in effect at the time of its establishment but that is no longer allowed by the regulations of this zoning ordinance. See 20.75.120. NONCONFORMING STRUCTURE Any building or structure, other than a sign, that was lawfully established but no longer complies with the lotparcel and building standards of the zoning district in which it is located. See 20.80.030. NONCONFORMING USE A land use that was lawfully established in accordance with all zoning regulations in effect at the time of its establishment but that is no longer allowed by the use regulations of the zoning district in which the use is now located. See. 20.80.040. ---PAGE BREAK--- Chapter 20.100Chapter 20.50 TerminologyNatural Resource Protection 20.100.01020.50.040 General TermsAgricultural Land Preservation M I S S O U L A Z O N I N G O R D I N A N C E Public Hearing Draft (05-29-2009) – Page 20.100-11 NONCONFORMITY Any nonconforming lotparcel, nonconforming use, nonconforming structure or nonconforming sign. NON-MOTORIZED (TRANSPORTATION) FACILITIES Improvements designed for the use, safety and comfort of pedestrians, cyclists, equestrians and similar forms of non-motorized transportation. Examples include sidewalks, walkways, trails, bikeways and re- lated appurtenances, such as signs and ramps. NONRESIDENTIAL DISTRICT Any zoning district other than a residential district. OFFSET The horizontal distance measured between vertical surfaces of adjacent building elements. OPEN-AIR USES USE OF LAND Storage yards, construction debris sites, used vehicle sales lots, vehicle impound yards, auto wrecking, junkyards, and similar open-air uses when the only buildings on the lotparcel are incidental and accessory to the open-air use of the lotparcel. OPEN PORCH OR DECK A porch or deck that is open on at least 3 sides and with at least 50% of the total area of the vertical plane on those 3 sides forming its perimeter unobstructed in any manner. OUTDOOR DISPLAY AREA A portion of a lotparcel used for exhibiting in an orderly manner, completely assembled or finished prod- ucts sold by a retail business located on the same lotparcel pursuant to an approved permit. OUTDOOR SALES AREA An outdoor area used pursuant to an approved permit for the display or sales of seasonal products, new merchandise or the supply of services. OVERLAY DISTRICT A zoning district that over-lays one or more base zoning districts and imposes requirements in addition to those of the base district or modifies the standards otherwise applicable in the base zoning district. PARAPET OR PARAPET WALL A wall-like barrier at the edge of a roof that acts as a vertical extension of an exterior building wall extend- ing above the roof height of the building. Parapets may serve as a safety or architectural feature., which may serve as a safety or architectural feature. ---PAGE BREAK--- Chapter 20.100Chapter 20.50 TerminologyNatural Resource Protection 20.100.01020.50.040 General TermsAgricultural Land Preservation M I S S O U L A Z O N I N G O R D I N A N C E Public Hearing Draft (05-29-2009) – Page 20.100-12 PARCEL A contiguous area of land that is designated by its owner, at the time of application for a zoning compli- ance permit, as a site to be used, developed, or built upon as a unit, under single ownership or control. Commentary: Two or more abutting lots might, for example, be combined into a single parcel (sometimes referred to as a “zoning lot”) by virtue of placing a building on the lots in a way that it spans the multiple lots. Under this example, applicable lotparcel and building standards building setbacks) would apply to the parcel as a whole. LOTPARCEL, CORNER See “corner lotparcel.” LOTPARCEL, INTERIOR A lotparcel whose side lines do not abut a street. PARKING STRUCTURE A covered structure or portion of a covered structure, other than a “garage,” that provides parking for motor vehicles. See also “Garage.” PERSONAL WIRELESS SERVICES Commercial wireless telecommunication services including cellular, personal communications services (PCS), specialized mobilized radio (SMR), enhanced specialized mobilized radio (ESMR), paging, and similar services that are marketed to the general public. PERSONAL WIRELESS SERVICE FACILITIES An un-staffed facility for the transmission and/or reception of radio frequency (RF), microwave or other signals for commercial communications purposes, typically consisting of an equipment enclosure, a sup- port structure and one or more antenna. PERSONAL WIRELESS SERVICE FACILITIES SUPPORT STRUCTURE The structure or surface upon which an antenna is mounted, including the following types: A. Ground-mounted: Mounted on the ground. B. Roof-mounted: Mounted on the roof of a building. C. Structure-mounted: Mounted on a structure not constructed or erected for the primary purpose of supporting wireless communication antennae. PERSONAL WIRELESS SERVICE FACILITIES, ABANDONED Any personal wireless communications facilities that are not utilized for the provision of wireless commu- nications services for a continuous period of six months will be considered abandoned. ---PAGE BREAK--- Chapter 20.100Chapter 20.50 TerminologyNatural Resource Protection 20.100.01020.50.040 General TermsAgricultural Land Preservation M I S S O U L A Z O N I N G O R D I N A N C E Public Hearing Draft (05-29-2009) – Page 20.100-13 PERSONAL WIRELESS SERVICE FACILITIES SUPPORT STRUCTURE, HEIGHT The vertical distance measured from the base of the support structure to the highest point of the structure. A. Ground-mounted support structure height is measured from natural existing grade and includes the antenna. B. Roof-mounted support structure height does not include the height of the building on which the new structure is mounted. C. Structure-mounted support structure height does not include the height of the host structure on which the new structure is mounted. POND A body of water supportive of aquatic life. Wave action is minimal, allowing emergent vegetation to estab- lish. PRINCIPAL BUILDING A building or combination of buildings of chief importance or function on a lotparcel. In general, the principal use is carried out in a principal building. PRINCIPAL USE An activity or combination of activities of chief importance on the lotparcel. One of the main purposes for which the land, buildings or structures are intended, designed, or ordinarily used. PRODUCT DISPLAY WINDOW An illuminated window display area in which products and goods are displayed to pedestrians but that do not generally allow visibility into the interior of the building. PROPERTY LINE The boundary of a lotparcel, as shown on a subdivision plat or on a survey represented by the lot’s parcel’s owner or developer as the boundary of the lot or parcel to be used, developed, or built upon as a unit, un- der single ownership or control. PUBLIC SAFETY Police, fire, ambulance and other emergency dispatch services provided through personal wireless services, as specifically exempted by Chapter 19.21. PUBLIC UTILITY INSTALLATION An unoccupied structure or facility used in conjunction with the supply of public utility services, includ- ing heat, light, power, water, telegraph, telephone, railway service and sewer service, but does not include a personal wireless service facility not specifically exempted by Chapter 19.21. REAR PROPERTY LINE That property line that is most distant from and is most parallel to the front property line. Commentary: Not all parcels have rear property lines. RESIDENTIAL BUILDING A building that is arranged, designed, used or intended to be used: A.exclusively for residential occupancy by one or more familieshouseholds; or B.for a mixture of nonresidential and residential occupancy and in which the floor area devoted to residential dwelling units makes up 50% or more of the building’s total gross floor area. A detached house, townhouse, two-unit house, multi-dwelling house, multi-dwelling building or vertical mixed-use building. ---PAGE BREAK--- Chapter 20.100Chapter 20.50 TerminologyNatural Resource Protection 20.100.01020.50.040 General TermsAgricultural Land Preservation M I S S O U L A Z O N I N G O R D I N A N C E Public Hearing Draft (05-29-2009) – Page 20.100-14 PITCH, (ROOF) The slope and inclination angle of a roof measured as vertical rise divided by the measured horizontal span. PRIMARY ROOF PITCH The pitch of the majority of the surface area of a building’s roof, not including dormers. RUNOFF That part of precipitation that flows off the land without filtering into the soil or being absorbed by plant material. SATELLITE DISH ANTENNA A device designed or used for the reception or the transmission of television or other electric communica- tion signal broadcast or, relayed from a satellite. It may be a solid, open mesh, or bar configured structure, in the shape of a shallow dish or parabola. SEDIMENT Solid material, both mineral and organic, that is in suspension, is being transported, or has been moved from its site of origin by air, water, or gravity as a product of erosion. SEDIMENTATION The process of depositing materials from a liquid, especially in bodies of water. SETBACK An open, unobstructed area that is required by this zoning ordinance to be provided from the furthermost projection of a structure to the property line of the lotparcel on which the building is located. See 20.110.050 for additional regulations regarding measurement of setbacks and exceptions to setback rules. SETBACK, FRONT The minimum setback required between a building and the front property line of the lotparcel on which the building is located, extending along the full length of the front property line between the side property lines. See 20.110.050A for exceptions and rules of measurement. SETBACK, REAR The minimum setback required between a building and the rear property line of the lotparcel on which the building is located, extending along the full length of the rear property line between the side property lines. See 20.110.050A for exceptions and rules of measurement. ---PAGE BREAK--- Chapter 20.100Chapter 20.50 TerminologyNatural Resource Protection 20.100.01020.50.040 General TermsAgricultural Land Preservation M I S S O U L A Z O N I N G O R D I N A N C E Public Hearing Draft (05-29-2009) – Page 20.100-15 SETBACK, SIDE The minimum setback required between a principal building and the side property line of the lotparcel on which the building is located, extending along a side property line from the point of the minimum front setback to the point of the minimum rear setback. See 20.110.050A for exceptions and rules of measure- ment. SIDECASTING The act of moving excess earthen material over the sides of a road during road maintenance operations or excavation for structural improvements. SIDE PROPERTY LINE Any property line that is not a front property line or a rear property line. SIGN Any identification, description, illustration or device, illuminated or non-illuminated, that is visible from any public place or is located on private property and exposed to the public and that directs attention to a product, service, place, activity, person, institution, business or solicitation, including any permanently installed or situation merchandise; or any emblem, painting, banner, pennant, placard or temporary sign designed to advertise, identify or convey information, with the exception of window displays and national flags. The term sign also includes the sign’s structure. SIGN, ABANDONED An on-premises sign that no longer correctly directs or exhorts any person, advertises a bona fide busi- ness, lessor, owner, product or activity conducted or product available on the premises where the sign is displayed. SIGN AREA The area of a sign including the area within a perimeter that forms the outside shape including the frame, forming an integral part of the display, but excluding the necessary supports or uprights on which the sign may be placed. ---PAGE BREAK--- Chapter 20.100Chapter 20.50 TerminologyNatural Resource Protection 20.100.01020.50.040 General TermsAgricultural Land Preservation M I S S O U L A Z O N I N G O R D I N A N C E Public Hearing Draft (05-29-2009) – Page 20.100-16 SIGN, ADDRESS A sign identifying the street address of the subject property. SIGN, ANIMATED Any sign that uses movement or change of lighting to depict action or create a special effect or scene. SIGN, AWNING A sign painted on, printed, or otherwise attached flat against the surface of an awning. SIGN, BANNER A temporary sign composed of lightweight material, either enclosed or not enclosed in a rigid frame, se- cured or mounted so as to allow movement of the sign caused by movement of the atmosphere. SIGN, BOX (ALSO KNOWN AS “CABINET SIGN”) A sign with text or symbols printed on plastic, an acrylic sheet or similar material (including “flex face” fabric-like material) that is mounted on a cabinet or box that houses any lighting source and equipment. SIGN, CHANGEABLE COPY A manual changeable copy sign or a dynamic display. SIGN, DIRECTLY ILLUMINATED Any sign designed to provide artificial light either through exposed lighting on the sign face or through transparent or translucent material from a light source within the sign. SIGN, DIRECTIONAL Any sign that serves solely to designate the location or direction of any place or area. ---PAGE BREAK--- Chapter 20.100Chapter 20.50 TerminologyNatural Resource Protection 20.100.01020.50.040 General TermsAgricultural Land Preservation M I S S O U L A Z O N I N G O R D I N A N C E Public Hearing Draft (05-29-2009) – Page 20.100-17 SIGN, DIRECTORY A sign on a multi-tenant development site that is used to convey directions or tenant information to pe- destrians and motorists who have entered the site. SIGN, DYNAMIC DISPLAY Signs capable of displaying words, symbols, figures, or images that can electronically or mechanically changed by remote or automatic means. SIGN, GROUND A sign erected on a freestanding frame, mast, or pole and not attached to any building. SIGN, HANGING A sign that is suspended from the underside of an awning, canopy, marquee, or floor overhang. SIGN HEIGHT The vertical distance measured from the adjacent street grade or upper surface of the nearest street curb, other than an elevated roadway, to the highest point of the sign. ---PAGE BREAK--- Chapter 20.100Chapter 20.50 TerminologyNatural Resource Protection 20.100.01020.50.040 General TermsAgricultural Land Preservation M I S S O U L A Z O N I N G O R D I N A N C E Public Hearing Draft (05-29-2009) – Page 20.100-18 SIGN, INCIDENTAL A sign indicating the types of credit cards accepted, an establishment’s hours of operation or other similar information that pertain to the premises where the sign is located. SIGN, MANUAL CHANGEABLE COPY A sign that has a reader board for the display of text information in which each alphanumeric character, graphic or symbol may be changed or re-arranged manually without altering the face or the surface of the sign. SIGN, MENU BOARD A sign displaying goods or services available through a drive-up window or available through a drive-in or drive-through establishment. SIGN, NAMEPLATE A nonelectric sign, not exceeding 144 square inches in area, identifying only the name and occupation or profession of the occupant of the premises on which the sign is located. If any premises includes more than one occupant, “nameplate” refers to all names and occupations or professions as well as the name of the building and directional information. SIGN, NATIONAL REGISTER DISTRICT IDENTIFICATION A sign provided by the Montana Historical Society that identifies an historic resource listed in the Na- tional Register of Historic Places. SIGN, NONCONFORMING Any sign that was lawfully erected and maintained prior to such time as it came within the purview of this chapter and any amendments thereto, and that fails to conform to any applicable regulations and restric- tions of this chapter. SIGN, OFF-PREMISE Any sign advertising goods or services that are not available the lotparcel on which the sign is located. (see also “Billboard”) SIGN, ON-PREMISE Any sign identifying or advertising a business, person, activity, goods, products or service, as permitted by this chapter, and located on the premises where the sign is installed and maintained. SIGN, POLE (see ground sign) ---PAGE BREAK--- Chapter 20.100Chapter 20.50 TerminologyNatural Resource Protection 20.100.01020.50.040 General TermsAgricultural Land Preservation M I S S O U L A Z O N I N G O R D I N A N C E Public Hearing Draft (05-29-2009) – Page 20.100-19 SIGN, POLITICAL A sign pertaining to candidates or issues and directed toward the ultimate exercise of voting by the general public. SIGN, PROJECTING A sign, other than a wall sign, that is attached to and projects from a structure or building face. SIGN, REAL ESTATE OR PROPERTY FOR SALE, RENT OR LEASE Any sign pertaining to the sale, lease, or rental of land or buildings. SIGN, ROOF Any sign erected upon, against or directly above any portion of the roof, except signs on parapet walls. Any sign on a parapet wall is considered a roof sign if any portion of the sign is above the parapet wall. SIGN, SEASONAL OR HOLIDAY Signs such as Christmas decorations, those used for historic holidays, and installed for a limited period of time. SIGN, SIDEWALK A sign that rests on the ground, and that is not permanently attached to the ground or other structure. SIGN STRUCTURE Any structure that supports, has supported or is capable of supporting a sign, including decorative cover. SIGN, TEMPORARY A sign that is not permanently affixed to a permanent sign structure or building. SIGN, UNDER-CANOPY OR UNDER-MARQUEE A sign suspended below the ceiling or roof or a canopy or marquee. SIGN, WALL A sign attached to or erected against the wall of a building with the face in a parallel plane to the place of the building wall, including a sign attached to a parapet wall that may be constructed specifically for the purpose of attaching a sign. SIGN, WIND An attention-getting device with or without copy, or a series of devices such as streamers, banners and pennants with or without copy, fastened in such a manner as to move in the wind. ---PAGE BREAK--- Chapter 20.100Chapter 20.50 TerminologyNatural Resource Protection 20.100.01020.50.040 General TermsAgricultural Land Preservation M I S S O U L A Z O N I N G O R D I N A N C E Public Hearing Draft (05-29-2009) – Page 20.100-20 SIGN, WINDOW A sign installed inside a window for purposes of viewing from outside the premises. This term does not include merchandise located in a window. SINGLE-PURPOSE RESIDENTIAL BUILDING A building in which the majority of floor area on all floors of the building is occupied by residential dwell- ing units or accessory uses to the principal (residential) use of the building. A building in which the ground floor contains parking and the upper floors contain residential dwellings is a single-purpose resi- dential building. If more than 50% of the floor area on the ground floor is occupied by commercial uses, the building is not a single-purpose residential building, but is rather a vertical mixed-use building.A de- tached house, townhouse, two-unit house, multi-dwelling house, or multi-dwelling building. SLIDE The downhill mass movement of soil, rock, or snow resulting from failure of that material under stress. SLOPE The inclination of the surface of the land from the horizontal. SOLAR PANELS Devices containing photovoltaic cells that convert sunlight into direct current electricity or that use ther- mal energy from sunlight to heat water for household use. SPLIT-ZONED Classification of a single parcel into 2 or more base zoning districts. See also 20.01.100E. STREAM A natural watercourse of perceptible extent that has a generally sandy or rocky bottom of definite banks and that confines and conducts continuously or intermittently flowing water. STRUCTURE Anything constructed or erected, that requires location on the ground, or attached to something having a location on the ground, including but not limited to buildings, signs, billboards and poster panels, but excluding customary fences and boundary or retaining walls. STRUCTURAL ALTERATION Any change in the supporting members of a building, such as bearing walls or partitions, columns, beams or girders; excepting such alterations as may be required for the safety of the building. SUBSIDENCE Gradual downward, local, mass movement of the earth’s surface. THROUGH PARCEL A parcel with opposing property lines along 2 more or less parallel streets. ---PAGE BREAK--- Chapter 20.100Chapter 20.50 TerminologyNatural Resource Protection 20.100.01020.50.040 General TermsAgricultural Land Preservation M I S S O U L A Z O N I N G O R D I N A N C E Public Hearing Draft (05-29-2009) – Page 20.100-21 TOPOGRAPHY Characteristics of the ground surface such as plains, hills, mountains; degree of relief, steepness of slope, and other physiographic features. TOWNHOUSE A residential building containing multiple dwelling units, each located on its own lotparcel with a com- mon or abutting wall along shared lot property lines. Each dwelling unit has its own external entrance. See 20.05.030. TRAIL A path designed primarily for non-motorized transportation travel. TWO-UNIT HOUSE A residential building containing 2 dwelling units, both of which are located on a single lot or parcel (also referred to as a “duplex” or “two-flat”). The dwelling units are attached and may be located on separate floors or side-by-side. See 20.05.030. VEHICULAR USE AREA Any area on a parcel that is not located within any enclosed or partially enclosed building and that is de- voted to a use by or for motor vehicles including parking; storage of automobiles, trucks or other vehicles; gas stations; car washes; vehicle repair establishments; loading areas; drive-through service areas; and ac- cess drives and driveways. VERTICAL MIXED-USE BUILDING Buildings that meet all of the following criteria: A. dwelling units occupy at least 50% of the building’s gross leasable floor area; B. commercial and other nonresidential uses allowed in the subject zoning districts occupy at least: 1. 800 square feet or 25% of the parcel area (whichever is greater) on parcels with street frontage of less than 50 feet (as measured along the shorter street frontage on parcels con- taining multiple street frontages); or 2. 20% of the parcel area on parcels with 50 feet of street frontage or more (as measured along the shorter street frontage on parcels containing multiple street frontages); and C. the floor-to-ceiling height of the ground floor space is at least 13 feet. WET MEADOW A herbaceous wetland on mineral soil. Generally, wet meadows occur in seasonally flooded basins and flats. Soils are usually dry for part of the growing season. WETLANDS Those areas that are inundated or saturated by surface or groundwater at a frequency and duration suffi- cient to support, and under normal circumstances do support, a prevalence of vegetation typically adapted for life in saturated soil conditions. Wetlands include marshes, swamps, bogs, and similar areas. WIND ENERGY CONVERSION SYSTEM (WECS) A device that directly converts wind energy into usable thermal, mechanical, or electrical energy, including such devices as windmills and wind turbines. The “system” includes towers and supporting structures and directly connected facilities such as generators, alternators, inverters, batteries, and associated control equipment. WIND ENERGY CONVERSION SYSTEM, SMALL A WECS with a power-related capacity of no more than 100 kW that is primarily intended to produce power for on-site consumption, as a supplement to utility power or in lieu of utility power. Small wind energy systems may also be connected to the electric utility for the purpose of “net metering.” ---PAGE BREAK--- Chapter 20.100Chapter 20.50 TerminologyNatural Resource Protection 20.100.01020.50.040 General TermsAgricultural Land Preservation M I S S O U L A Z O N I N G O R D I N A N C E Public Hearing Draft (05-29-2009) – Page 20.100-22 WOODY DRAW Areas that support woody vegetation, such as tall shrub and tree species, in small intermittent and ephem- eral drainages. The vegetation is a result of higher moisture availability than the surrounding area. The duration of surface water, however, is shorter than that of other streamside riparian areas (e.g. cotton- wood and dogwood communities). YARD The actual (as opposed to “required”) horizontal distance open that exists between a principal building and a property linespace on a lot that is unoccupied and unobstructed from its lowest level to the sky. See also “setback.” YARD, FRONT The actual area yard that exists between a principal building and the front property line of the lotparcel on which the building is located, extending along the full length of the front property line between the side property lines. YARD, REAR The yard actual area that exists between a principal building and the rear property line of the lotparcel on which the building is located, extending along the full length of the rear property line between the side property lines. YARD, SIDE The yard actual area that exists between a building and the side property line of the lotparcel on which the building is located, extending along a side property line from the point of the minimum front setback to the point of the minimum rear setback. ---PAGE BREAK--- Chapter 20.100Chapter 20.50 TerminologyNatural Resource Protection 20.100.01020.50.040 General TermsAgricultural Land Preservation M I S S O U L A Z O N I N G O R D I N A N C E Public Hearing Draft (05-29-2009) – Page 20.100-23 ZONING LOT See “Parcel.” ---PAGE BREAK--- ---PAGE BREAK--- M I S S O U L A Z O N I N G O R D I N A N C E Consolidated Draft (02-03-2009) – Page 20.105-1 Chapter 20.105 Use Classifications 20.105.010 General 20.105-1 20.105.020 Residential Use 20.105-2 20.105.030 Public and Civic Use 20.105-3 20.105.040 Commercial Use Group 20.105-4 20.105.050 Industrial Use 20.105-10 20.105.060 Other Use 20.105-13 20.105.010 General A. Use Groups This zoning ordinance classifies land uses into 5 major groupings: “residential,” “public and civic,” “commercial,” “industrial” and “other.” These are referred to as “use groups.” B. Use Categories Each use group is further divided into more specific “use categories.” Use categories clas- sify land uses and activities based on common functional, product, or physical character- istics. Characteristics include the type and amount of activity, the type of customers or residents, how goods or services are sold or delivered and site conditions. C. Typical Uses Typical uses cited in the description of use categories are not intended to be exclusive or restrictive. D. Interpretations The director of the office of planning and grants is authorized to classify specific use types into defined use categories based on the use category descriptions of this chapter. When a specific use type cannot be readily classified into a use category or appears to fit into mul- tiple use categories, the director of the office of planning and grants is authorized to de- termine the most similar, and thus most appropriate, use category based on the following considerations: 1. the actual or projected characteristics of the activity in relationship to the stated characteristics of each use type; 2. the relative amount of site area or floor space and equipment devoted to the activity; 3. relative amounts of sales from each activity; 4. the customer type for each activity; 5. the relative number of employees in each activity; 6. hours of operation; 7. building and site arrangement; 8. vehicles used with the activity; 9. the relative number of vehicle trips generated by the use; 10. signs; 11. how the use advertises itself; and ---PAGE BREAK--- Chapter 20.105Chapter 20.50 Use ClassificationsNatural Resource Protection 20.105.02020.50.040 Residential Use GroupAgricultural Land Preservation M I S S O U L A Z O N I N G O R D I N A N C E Public Hearing Draft (05-29-2009) – Page 20.105-2 12. whether the activity is likely to be found independent of the other activities on the site. 20.105.020 Residential Use Group The residential use group includes uses that provide living accommodations to one or more persons. The group includes two use categories: household living and group living. A. Household Living Category Residential occupancy of a dwelling unit by a household. When dwelling units are rented, tenancy is arranged on a month-to-month or longer basis. Uses where tenancy may be ar- ranged for a shorter period are not considered residential; they are considered a form of lodging. B. Group Living Residential occupancy of a dwelling by other than a “household,” typically providing communal kitchen/dining facilities. Examples of group living uses include but are not limited to fraternities, sororities, convents, monasteries, nursing homes and the following specific use types: 1. Community Residential Facility Any of the following: a. a group, foster or other home specifically provided as a place of residence serv- ing developmentally disabled or handicapped persons who do not require nursing care; and as defined by 76 2 313, MCA; b. a district youth guidance home serving youths in need of supervision, or youths in need of care or delinquent youths as defined by 76 2 313, MCA and established pursuant to the Montana Youth Court Act; c. attention, receiving or shelter homes defined by 76 2 313, MCA and established pursuant to the Montana Youth Court Act; d. 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, pursuant to 76 2 313, MCA; or e. a licensed adult foster family care home as defined by 76 2 313, MCA. 2.Domestic Violence Residence A detached house in which temporary housing is provided for up to 8 persons who are victims of domestic violence. Children and support staff are not counted in de- termining maximum occupancy. 3.Domestic Violence Shelter A building in which temporary housing is provided for more than 8 persons who are victims of domestic violence. 4.2. Health Care Facility As defined in MCA §50 5 101. 4.3. Convent/Monastery A residential building housing persons (such as nuns or monks) under religious vows. ---PAGE BREAK--- Chapter 20.105Chapter 20.50 Use ClassificationsNatural Resource Protection 20.105.03020.50.040 Public and Civic Use GroupAgricultural Land Preservation M I S S O U L A Z O N I N G O R D I N A N C E Public Hearing Draft (05-29-2009) – Page 20.105-3 20.105.030 Public and Civic Use Group The public and civic use group includes uses that provide public or quasi-public services. The public and civic use group includes the following use categories: A. College/University Colleges and other institutions of higher learning that offer courses of general or special- ized study leading to a degree. They are certified by the state or by a recognized accredit- ing agency. Colleges tend to be in campus-like settings or on multiple blocks. Examples include universities, liberal arts colleges, community colleges, nursing and medical schools not accessory to a hospital, conservatories and seminaries. B. Day Care Uses providing care, protection and supervision for children or adults on a regular basis away from their primary residence for less than 24 hours per day. There are 2 types of day care: 1. Residential Day Care Day care provided within a detached house for up to 12 children or adults, in addi- tion to members of the day care provider’s household. 2. Day Care Center Day care for 13 or more children or adults. C. Detention and Correctional Facilities Facilities for the judicially required detention or incarceration of people. Inmates and de- tainees are under 24-hour supervision by peace officers, except when on an approved leave. Examples include prisons, jails, probation centers and juvenile detention homes. D. Fraternal Organization The use of a building or lotparcel by a not-for-profit organization that restricts access to its facility to bona fide, annual dues-paying members and their occasional guests. E. Hospital Uses providing medical or surgical care to patients and offering inpatient (overnight) care. F. Library/Cultural Exhibit Museum-like preservation and exhibition of objects in one or more of the arts and sci- ences, gallery exhibition of works of art, or library collection of books, manuscripts, etc., for study and reading. G. Park/Recreation Recreational, social, or multi-purpose uses associated with public parks, public open spaces, public community centers, public play fields, public or private golf courses, or other public recreation areas or buildings. H. Religious Assembly Religious services involving public assembly such as customarily occur in synagogues, temples, mosques and churches. ---PAGE BREAK--- Chapter 20.105Chapter 20.50 Use ClassificationsNatural Resource Protection 20.105.04020.50.040 Commercial Use GroupAgricultural Land Preservation M I S S O U L A Z O N I N G O R D I N A N C E Public Hearing Draft (05-29-2009) – Page 20.105-4 I. Safety Services Public safety services that provide fire, police or life protection, together with the inciden- tal storage and maintenance of necessary vehicles. Typical uses include fire stations, police stations and ambulance services. J. School Public and private schools at the primary, elementary, junior high, or high school level that provide state-mandated basic education. K. Utilities and Services 1. Minor Infrastructure services that need to be located in the area where the service is pro- vided. Minor utilities and services generally do not have regular employees at the site and typically have few if any impacts on surrounding areas. Typical uses include wa- ter and sewer pump stations; minor water towers and reservoirs; minor electrical substations; water conveyance systems; stormwater facilities and conveyance sys- tems; telephone switching equipment and emergency communication broadcast fa- cilities. Bus and rail passenger facilities for local or subregional service, such as Mountain Line stops and transfer centers, are classified as “minor utilities and ser- vices.” 2. Major Infrastructure services that typically have substantial land-use impacts on surround- ing areas. Typical uses include but are not limited to water and wastewater treatment facilities, major water storage facilities and electric generation plants. 20.105.040 Commercial Use Group The commercial use group includes uses that provide a business service or involve the selling, leasing or renting of merchandise to the general public. The commercial use group includes the following use cate- gories. A. Animal Services The following are animal services use types: 1. Sales and Grooming Sales and grooming of dogs, cats and similar small animals. Typical uses include pet stores, dog bathing and clipping salons and pet grooming shops. 2. Shelter or Boarding Kennel Animal shelters and kennel services for dogs, cats and small animals. Typical uses in- clude boarding kennels, pet resorts/hotels, dog training centers and animal rescue shelters. 3. Veterinary Typical uses include pet clinics, dog and cat hospitals and animal hospitals. 4. Stable Boarding facilities for horses and similar large animals. ---PAGE BREAK--- Chapter 20.105Chapter 20.50 Use ClassificationsNatural Resource Protection 20.105.04020.50.040 Commercial Use GroupAgricultural Land Preservation M I S S O U L A Z O N I N G O R D I N A N C E Public Hearing Draft (05-29-2009) – Page 20.105-5 B. Artist Work or Sales Space Floor space devoted to the production, showing, or sale of art. Typical uses include art galleries and artist studios, but not including art museums. Art museums are classified in the “Libraries and Cultural Exhibits” use category. C. Building Maintenance Service Provision of maintenance and custodial services to commercial and industrial establish- ments. Typical uses include janitorial, landscape maintenance and window cleaning ser- vices. Also includes exterminator services for residential, commercial or industrial appli- cations. D. Business Equipment Sales and Service Sales, rental, or repair of office, professional and service equipment and supplies to com- panies rather than to individuals. Excludes automotive and heavy equipment sales or ser- vice. Typical uses include office equipment and supply firms, small business machine re- pair shops and hotel equipment and supply firms. E. Business Support Service Provision of clerical, employment, protective, or minor processing services to firms rather than individuals. Typical uses include employment agencies and telephone answering ser- vices and business or trade schools. Business or trades schools that involve outdoor stor- age or manufacturing processes are not considered business support services but rather are to be classified in an Industrial use group category. F. Day Labor Employment Agency Any enterprise, other than a labor union or a not-for-profit organization, engaged in pro- curing or providing persons to perform temporary unskilled work by persons at a site other than the day labor business premises in which the day laborers are paid, by the day labor business or a third party employer, each work day or on the business day fol- lowing the work day, and persons arrive at the day labor business premises to make application for work as a day laborer, to obtain assignment for day labor, to obtain trans- portation to a day labor site or to obtain payment of wages or benefits for day labor. For purposes of this definition, “unskilled work” means work involving physical tasks for which the worker is not required by law to hold a professional or occupational license, or the employer or contractor controlling the site of the work does not require the worker to have a high school diploma or its equivalent, or education beyond high school, or relevant vocational education or (d ) demonstrated proficiency with a speci- fied type of machinery to be used in the work, but does not include white collar, secretar- ial, clerical or professional work. G. Communication Service Establishments Broadcasting and other information relay services accomplished through use of electronic and telephonic mechanisms. Excludes services classified as “major utilities and services” and “Minor Utilities.” Typical uses include recording studios, television and radio stu- dios, telecommunication service centers and telegraph service offices. H. Construction Sales and Service Construction and development activities and related storage on lotparcels other than con- struction or development sites. Typical uses include tool and equipment rental or sales, and building contracting/construction businesses. Uses that involve office or administra- tive functions only, with no on-site equipment or vehicle storage, are classified as offices. ---PAGE BREAK--- Chapter 20.105Chapter 20.50 Use ClassificationsNatural Resource Protection 20.105.04020.50.040 Commercial Use GroupAgricultural Land Preservation M I S S O U L A Z O N I N G O R D I N A N C E Public Hearing Draft (05-29-2009) – Page 20.105-6 I. Eating and Drinking Establishments Provision of prepared food and/or beverages for on- or off-premises consumption. Typi- cal uses include restaurants, taverns and 1. Restaurant An establishment primarily engaged in serving prepared food to the public and in which sales of such prepared foods and meals constitutes at least 65% of the estab- lishment’s gross income. 2. Tavern or An establishment that is primarily engaged in serving alcoholic liquor for consump- tion on the premises and in which the serving of prepared food and meals consti- tutes less than 65% of the establishment’s gross income. Taverns and may offer live entertainment and dancing. Commentary: Microbreweries and Wineries are classified as industrial uses. See 20.105.050 J. Enterprise Commercial Use A use classified in the commercial use group of 20.105.040 that contains more than 30,000 square feet of gross floor area, whether contained in a single building or contained within multiple buildings on a single development site. Enterprise commercial uses may include only individual use types retail, office, eating and drinking establishment) that are allowed in the subject zoning district. K. Entertainment and Spectator Sports Provision of cultural, entertainment, athletic and other events to spectators, such as oc- curs in theaters, cinemas, auditoriums, fairgrounds, sports stadiums and racetracks. The following are spectator sports and entertainment use types: 1. Small Venue Entertainment and spectator sports establishments with a capacity of no more than 149 persons. Typical uses include small theaters and meeting or banquet halls. 2. Medium Venue Entertainment and spectator sports establishments with a capacity of more than 149 and fewer than 500 persons. Typical uses include single- or dual-screen cinemas, theaters and meeting or banquet halls. 3. Large Venue Entertainment and spectator sports establishments with a capacity of 500 persons or more. Typical uses include stadiums, large theaters, multi-screen cinemas and large meeting or banquet halls. L. Financial Services Financial or securities brokerage services. Typical uses include banks, savings and loans, consumer investment businesses, pawn shops, and check-cashing/loan services. 1. Bank A federal- or state-chartered bank, credit union, savings and loan association or trust company. 2. Check-Cashing/Loan Service A business engaged in cashing checks or providing short-term loans for members of the general public as a principal purpose of its operation and that is not a bank, sav- ---PAGE BREAK--- Chapter 20.105Chapter 20.50 Use ClassificationsNatural Resource Protection 20.105.04020.50.040 Commercial Use GroupAgricultural Land Preservation M I S S O U L A Z O N I N G O R D I N A N C E Public Hearing Draft (05-29-2009) – Page 20.105-7 ings and loan association, or other financial service, including businesses offering payday loans, title loans, signature loans, small loans, and other similar loans, but not including pawn shops. 3. Pawn Shop Businesses that lend money on the security of pledged goods or that is engaged in the business of purchasing tangible personal property on condition that it may be redeemed or repurchased by the seller for a fixed price within a fixed period of time. M. Food and Beverage Retail Sales Retail sale of food and beverages for home consumption. Typical uses include groceries, liquor stores and wine stores. N. Funeral and Interment Services Provision of services involving the care, preparation or disposition of human dead. The following are funeral and interment services use types: 1. Cemetery/Columbarium/Mausoleum Land or facilities used for burial of the dead, including pet cemeteries. 2. Cremating Crematory services involving the purification and reduction of the human body by fire. Typical uses include crematories and crematoriums. 3. Undertaking Undertaking services such as preparing the dead for burial and arranging and man- aging funerals. Typical uses include funeral homes and mortuaries. O. Gasoline and Fuel Sales A building or portion of a building used for offering for sale at retail to the public, fuels, oils and accessories for motor vehicles, where repair service and automobile washing is incidental, where no storage or parking space is offered for rent and where no motor ve- hicles or boats are offered for sale or rent. 1. Truck Stop/Travel Plaza Facilities providing service to semi-tractors and other large trucks and vehicles, in- cluding the sale of fuel to intrastate and interstate truck drivers, and provision of customary support facilities for truck drivers. Truck stops are designed to accom- modate large semi-tractor/trailer combinations and truck drivers, and may also be utilized by smaller trucks and other interstate travelers. P. Lodging Provision of lodging services on a temporary basis with incidental food, drink and other sales and services intended for the convenience of guests. The following are lodging use types: 1. Bed and Breakfast A detached house in which the owner offers overnight accommodations and meal service to guests for compensation. 2. Hostel An establishment, other than a bed and breakfast or hotel/motel use, that provides dormitory sleeping accommodations or shared guest rooms as low-cost public travel ---PAGE BREAK--- Chapter 20.105Chapter 20.50 Use ClassificationsNatural Resource Protection 20.105.04020.50.040 Commercial Use GroupAgricultural Land Preservation M I S S O U L A Z O N I N G O R D I N A N C E Public Hearing Draft (05-29-2009) – Page 20.105-8 accommodations to recreational travelers. Hostels typically have shared kitchen and sanitary facilities for use by transient guests. 3. Hotel/Motel An establishment, other than a Bed and Breakfast, in which short-term lodging is of- fered for compensation and that may or may not include the service of one or more meals to guests. Typical uses include hotels and motels. 4. Recreational Vehicle Park A development site, parcel or tract of land designed, maintained or intended to be used for the purpose of providing short-term accommodation—no more than 30 days—for placement of two or more recreational vehicles, include all buildings used or maintained for the use of the occupants in the recreational vehicle park. Q. Office 1. Administrative, Professional or General Office Professional, governmental, executive, management or administrative offices of pri- vate organizations or government agencies. Typical uses include administrative of- fices, law offices, architectural firms, insurance companies and government offices. 2. Medical Office Personal health services including prevention, diagnosis and treatment, rehabilita- tion services provided by physicians, dentists, nurses and other health personnel and medical testing and analysis services. Typical uses include medical and dental offices, including chiropractic offices, physical and massage therapy offices, and offices, health maintenance organizations, blood banks, plasma cen- ters and government-operated health centers. Excludes use types more specifically classified, such as hospitals. R. Parking, Non-Accessory Parking that is not provided to comply with minimum off-street parking requirements and that is not provided exclusively to serve occupants of or visitors to a particular use, but rather is available to the public at-large. A facility that provides both accessory park- ing and non-accessory parking is classified as non-accessory parking. S. Personal Improvement Service Informational, instructional, personal improvement and similar services of a nonprofes- sional nature. Typical uses include hair salons, barber shops, beauty shops, nail salons, health clubs, yoga or dance studios, driving schools and martial arts studios. T. Repair or Laundry Service, Consumer Provision of repair, dry cleaning or laundry services to individuals and households, but not to firms. Excludes vehicle and equipment repair. Typical uses include laundry/dry cleaning drop-off stations (with no dry cleaning on the premises), hand laundries, appli- ance repair shops, locksmiths, shoe and apparel repair and musical instrument repair. U. Research Service An establishment that conducts educational, scientific, high-technology or medical re- search not involving the mass production, distribution or sale of products. Research ser- vices do not produce odors, dust, noise, vibration or other external impacts that are de- tectable beyond the property lines of the subject property. Research-related establish- ments that do produce such external impacts are classified as “manufacturing, production and industrial services.” ---PAGE BREAK--- Chapter 20.105Chapter 20.50 Use ClassificationsNatural Resource Protection 20.105.04020.50.040 Commercial Use GroupAgricultural Land Preservation M I S S O U L A Z O N I N G O R D I N A N C E Public Hearing Draft (05-29-2009) – Page 20.105-9 V. Residential Support Services Commercial uses provided primarily to serve the needs of residents in large, multi- dwelling residential buildings or residents within the immediate area. The following are considered residential support services: 1. Restaurants; 2. Financial services, except pawnshops, consumer loan agencies and payday loan stores; 3. Food and beverage retail sales; 4. Medical office (other than blood/plasma center); 5. Administrative, Professional or General Offices; 6. Personal improvement service; and 7. Retail sales establishments. W. Retail Sales Businesses involved in the sale, lease or rent of new or used products, merchandise to consumers. Typical uses include drug stores, grocery stores, department stores and ap- parel stores. X. Sports and Recreation, Participant Provision of sports or recreation primarily by and for participants. (Spectators would be incidental and on a nonrecurring basis). Examples include bowling alleys, skating rinks, bingo halls, casinos. billiard parlors driving ranges and miniature golf courses, shooting and archery ranges, batting cages, and go-cart tracks. 1. Casino Any establishment that offers legalized gambling authorized under Title 23, Chapter 5, Part 1, et. seq., MCA and where any one of the following characteristics applies: a. the establishment is referenced as a “casino” or “gambling establishment”, or makes any reference to legalized gambling by signage, advertisement or by name; b. five or more gambling machines are on the premises; or c. a card table is on the premises. Y. Vehicle Sales and Service Sales of motor vehicles or services related to motor vehicles. The following are vehicle sales and service use types: 1. Car Wash/Cleaning Service A building or site containing facilities for washing automobiles. It may use auto- matic production line methods—a chain conveyor, blower, steam cleaning device, or other mechanical device—or it may provide space, water and equipment for hand washing, cleaning or detailing of automobiles, whether by the customer or the op- erator. 2. Heavy Equipment Sales/Rentals Sale, retail or wholesale and/or rental from the premises of heavy construction equipment, trucks and aircraft, together with incidental maintenance. Typical uses include heavy construction equipment dealers and tractor trailer sales. ---PAGE BREAK--- Chapter 20.105Chapter 20.50 Use ClassificationsNatural Resource Protection 20.105.05020.50.040 Industrial Use GroupAgricultural Land Preservation M I S S O U L A Z O N I N G O R D I N A N C E Public Hearing Draft (05-29-2009) – Page 20.105-10 3. Light Equipment Sales/Rentals Sale, retail, wholesale, or rental from the premises of autos, noncommercial trucks, trailers of less than 10,000 lbs. gross cargo weight, recreational vehicles and boat dealers, together with incidental maintenance. Typical uses include auto- mobile and boat dealers, car rental agencies and recreational vehicle sales and rental agencies. For the purposes of this zoning ordinance, the sales or display for sale of more than 2 vehicles on a single parcel is classified as a “light equipment sales/rental” use. 4. Motor Vehicle Repair, Limited A vehicle repair establishment that provides lubrication and/or checking, changing, or additions of those fluids and filters necessary to the maintenance of a vehicle. Customers generally wait in the car or at the establishment while the service is per- formed. Examples include quick lube services. Also includes vehicle repair estab- lishments that provide replacement of passenger vehicle parts or repairs that do not involve body work or painting or require removal of the engine head or pan, engine transmission or differential. Examples include tire, muffler and transmission shops. 5. Motor Vehicle Repair, General Any vehicle repair activity other than “limited motor vehicle repair.” Examples in- clude repair or servicing of commercial vehicles or heavy equipment or body work, painting, or major repairs to passenger vehicles. 6. Vehicle Storage and Towing Storage of operating motor vehicles or vehicle towing services. Typical uses include towing services, private parking tow-aways (tow lots), impound yards and fleet stor- age yards. Includes the use of a site for temporary storage of motor vehicles for a pe- riod of not more than 15 days, not including temporary storage facilities for vehicles that are to be sold, rented, salvaged, dismantled, repaired or returned to owners upon payment of towing and storage fees. 20.105.050 Industrial Use Group The industrial use group includes uses that produce goods from extracted materials or from recyclable or previously prepared materials, including the design, storage and handling of these products and the mate- rials from which they are produced. It also includes uses that store or distribute materials or goods in large quantities. The industrial use group includes the following use categories: A. Junk/Salvage Yard An open area where waste or scrap materials are bought, sold, exchanged, stored, baled, packed, disassembled, or handled, including but not limited to scrap iron and other met- als, paper, rags, rubber tires and bottles. A junk or salvage yard includes an auto wrecking yard, but does not include waste-related uses or recycling facilities. B. Auto Wrecking The collecting and dismantling or wrecking of used motor vehicles or trailers, or the stor- age, sale or dumping of dismantled, partially dismantled, obsolete or wrecked motor vehi- cles or their parts. C. Manufacturing, Production and Industrial Services 1. Artisan On-site production of goods by hand manufacturing, involving the use of hand tools and small-scale, light mechanical equipment in a completely enclosed building with no outdoor operations or storage, and occupying no more than 3,500 square ---PAGE BREAK--- Chapter 20.105Chapter 20.50 Use ClassificationsNatural Resource Protection 20.105.05020.50.040 Industrial Use GroupAgricultural Land Preservation M I S S O U L A Z O N I N G O R D I N A N C E Public Hearing Draft (05-29-2009) – Page 20.105-11 feet of gross floor area. Typical uses include woodworking and cabinet shops, ce- ramic studios, jewelry manufacturing and similar types of arts and crafts or very small-scale manufacturing uses that have no negative external impacts on surround- ing properties. 2. Limited Manufacturing of finished parts or products, primarily from previously prepared materials. Typical uses include: catering establishments, printing and related support activities; machinery manufacturing; food manufacturing; computer and electronic product manufacturing/assembly; electrical equipment, appliance, component manufacturing/assembly; furniture and related product manufacturing/assembly; and other manufacturing and production establishments that typically have very few, if any, negative external impacts on surrounding properties. Also includes “arti- san manufacturing/production” type uses that do not comply with the enclosed building, floor area and/or outside operations/storage criteria that apply to artisan manufacturing/production uses. 3. General a. Manufacturing of finished or unfinished products, primarily from extracted or raw materials, or recycled or secondary materials, or bulk storage and handling of such products and materials. Typical uses include: textile mills; textile prod- uct mills; apparel manufacturing; leather and allied product manufacturing; wood product manufacturing; paper manufacturing; chemical manufacturing; plastics and rubber products manufacturing; nonmetallic mineral product manufacturing; transportation equipment manufacturing; primary metal manufacturing; and fabricated metal product manufacturing. Also includes medical, scientific or technology-related research establishments that produce odors, dust, noise, vibration or other external impacts that are detectable be- yond the property lines of the subject property. b. Industrial service firms engaged in the repair or servicing of industrial or commercial machinery, equipment, products or by-products. Typical uses in- clude: welding shops; machine shops; industrial tool repair; fuel oil distribu- tors; solid fuel yards; laundry, dry-cleaning and carpet cleaning plants; and photofinishing laboratories. Excludes uses classified as “repair or laundry ser- vices.” 4. Intensive Manufacturing of acetylene, cement, lime, gypsum or plaster-of-Paris, chlorine, cor- rosive acid or fertilizer, insecticides, disinfectants, poisons, explosives, paint, lacquer, varnish, petroleum products, coal products, plastic and resins and radioac- tive materials. Also includes smelting, animal slaughtering and oil refining. D. Microbrewery A brewery (for malt beverages) that has an annual nationwide production of not less than 100 barrels or more than 10,000 barrels. E. Mining/Quarrying The extraction of mineral or aggregate resources from the ground for off-site use. Exam- ples include quarrying or dredging for sand, gravel or other aggregate materials; mining; and oil and gas drilling. ---PAGE BREAK--- Chapter 20.105Chapter 20.50 Use ClassificationsNatural Resource Protection 20.105.05020.50.040 Industrial Use GroupAgricultural Land Preservation M I S S O U L A Z O N I N G O R D I N A N C E Public Hearing Draft (05-29-2009) – Page 20.105-12 F. Recycling Service Any building, portion of building or area in which recyclable material is collected, stored, or processed for the purpose of marketing the material for use as raw material in the manufacturing process of new, reused or reconstituted products. 1. Limited A recycling facility in which recyclable materials are temporarily stored or collected, or processed by manual separation. (Note: consumer-oriented collection boxes for newspapers, cans and glass items are considered an accessory use and may be al- lowed in any zoning district.) 2. General A recycling facility that, in addition to any activity permitted as part of a limited re- cycling service, engages in processing of recyclable materials such as cleaning, bun- dling, compacting or packing of recyclable materials. G. Residential Storage Warehouses Storage or warehousing service within a building for individuals to store personal effects and for businesses to store materials for operation of an industrial or commercial enter- prise elsewhere. Incidental uses in a residential storage warehouse may include the repair and maintenance of stored materials by the tenant; but in no case may storage spaces in a residential storage warehouse facility function as an independent retail, wholesale, busi- ness, or service use. Spaces may not be used for workshops, hobby shops, manufacturing, or similar uses. Human occupancy is limited to that required to transport, arrange and maintain stored materials. H. Warehousing, Wholesaling and Freight Movement 1. Limited Wholesale sales of goods and materials in association with a retail sales (storefont) business. Typical uses include businesses involved in retail and wholesale sales of materials and equipment to other businesses and to the general public. 2. General Storage, wholesale sales and distribution of materials and equipment. Typical uses include storage warehouses, moving and storage firms, trucking or cartage opera- tions, truck staging or storage areas, wholesale sales of materials and equipment to parties other than the general public. I. Waste-Related Use Waste-related uses are characterized by the receiving of solid or liquid wastes from other users and sites for transfer to another location; by the collection of sanitary wastes, or other approved waste materials for on-site disposal; or by the manufacture or production of goods or energy from the composting of organic material. Typical uses include sanitary landfills and the following uses: 1. Demolition Debris Landfill A facility or site used for the disposal of demolition waste, construction materials, used building materials, brush, wood waste, soil, rock, concrete and inert solids soluble in water. ---PAGE BREAK--- Chapter 20.105Chapter 20.50 Use ClassificationsNatural Resource Protection 20.105.06020.50.040 Other Use GroupAgricultural Land Preservation M I S S O U L A Z O N I N G O R D I N A N C E Public Hearing Draft (05-29-2009) – Page 20.105-13 2. Solid Waste Separation Facility A facility where mixed municipal solid waste is separated into recovered materials and other components either manually or mechanically and further processed for transporting to other facilities, including a solid waste disposal area. 3. Transfer Station A facility for the transfer and packing of solid waste from smaller collecting vehicles to larger transport vehicles. J. Winery A winery licensed in accordance with MCA 16 4 107. 20.105.060 Other Use Group The “other” use group includes the following: A. Agriculture, Crop The use of land for growing, raising, or marketing of plants to produce food, feed, or fiber commodities. Examples of crop agriculture include cultivation and tillage of the soil and growing and harvesting of agricultural or horticultural commodities. Crop agriculture does not include community gardens, personal (household) gardens, or landscaping for aesthetic purposes. Agricultural land includes land used for agriculture or having a soil type defined by the Natural Resources Conservation Service as having agricultural impor- tance, including prime farmland, farmland of statewide importance, and farmland of lo- cal importance. B. Agriculture, Animal The use of land for raising animals to produce food or fiber commodities. Examples of animal agriculture include dairying and the raising of livestock, bees, fur-bearing animals, and poultry. Animal agriculture does not include the keeping of up to 6 female chickens, in accordance with Chapter 6.12 of the municipal code. C. Community Garden Land used for vegetable, fruit or flower gardening by individuals or groups who may or may not own or lease the subject land. D. Transportation Terminal Facilities for regional bus service and regional rail service including loading and unload- ing areas and passenger waiting areas. Note: Bus and rail passenger facilities for local or subregional service, such as Mountain Line stops and transfer centers are classified as “minor utilities.” E. Wireless Communication Facility Facilities related to the use of the radio frequency spectrum for the purposes of transmit- ting or receiving radio signals, and may include, but is not limited to radio towers, televi- sion towers, telephone exchanges, micro-wave relay towers, telephone transmission equipment buildings, commercial mobile radio service facilities or other personal wireless services (such as cellular, personal communication service [PCS], paging, specialized mo- bile radio [SMR], and other similar services). This use category includes all associated equipment unless the written context clearly indicates that another meaning is intended. The term “associated equipment” is to be read broadly and in context. Associated equip- ment may include, but is not limited to: antenna, equipment shelter or platform, lighting, monopole tower, mounting hardware, supporting electrical or mechanical equipment, access road, and guy system. ---PAGE BREAK--- Chapter 20.105Chapter 20.50 Use ClassificationsNatural Resource Protection 20.105.06020.50.040 Other Use GroupAgricultural Land Preservation M I S S O U L A Z O N I N G O R D I N A N C E Public Hearing Draft (05-29-2009) – Page 20.105-14 1. Co-located Facility A wireless telecommunication facility that is attached to an existing pole, tower, or other structure including, but not limited to, a structure that can accommodate the future installation of 2 or more antenna systems. 2. Freestanding Facility A new tower, monopole, or other unattached structure erected to support wireless communication antennas and connecting appurtenances. ---PAGE BREAK--- M I S S O U L A Z O N I N G O R D I N A N C E Consolidated Draft (02-03-2009) – Page 20.110-1 Chapter 20.110 Measurements and Exceptions 20.110.010 Parcel 20.110-1 20.110.020 Parcel Area per 20.110-1 20.110.030 Parcel 20.110-1 20.110.040 Building 20.110-1 20.110.050 20.110-1 20.110.060 Building 20.110-5 20.110.010 LotParcel Area LotParcel area includes the total land area contained within the property lines of a lotparcel. The zoning officer is authorized to approve an administrative adjustment to permit the construction of a detached house on a parcel that would otherwise be prohibited solely because the parcel does not comply with the minimum parcel area standards of the subject zoning district. Such administrative adjustments are subject to the procedures and criteria of 20.85.110. 20.110.020 LotParcel Area per Unit LotParcel area per unit refers to the amount of lotparcel area required for each dwelling unit on the sub- ject lotparcel. For example, if a minimum lotparcel-area-per-unit standard of 1,000 square feet is applied to a 5,450 square foot lotparcel, a maximum of 5 dwelling units would be allowed on that lotparcel. 20.110.030 LotParcel Width LotParcel width is the horizontal distance between the side property lines of a lotparcel measured at the point of the minimum front setback. 20.110.040 Building Coverage Building coverage is the area of a lotparcel covered by principal and accessory buildings, as measured along the exterior building linewall at ground level, including all building projections other than those expressly allowed to encroach into required setbacks. Only building areas beneath a roof are counted for purposes of measuring building coverage. A porch with a roof, for example, is counted, but an uncovered deck structure is not considered building coverage. 20.110.050 Setbacks A. Front Setbacks 1. Measurement Front setbacks are measured from the front property line to the closest point of the building or structure. Through lotparcels must have a front setback on both oppos- ing sides of the lotparcel. For purpose of this provision, the front property line is the property line that abuts “faces” and is adjacent to the street. On corner lotparcels, the front property line is the property line that is parallel to the alley that serves the lotparcel. When no alley exists, the zoning officer is authorized to establish the front property line and the street side property line. 2. Exceptions a.In a cluster or conservation development, when a contiguous set of lots is served by a rear alley and no building line has been established by existing buildings, the minimum front setback requirement is 10 feet. moved to lot and building standards tables foot note to table 20.05-3 ---PAGE BREAK--- Chapter 20.110Chapter 20.50 Measurements and ExceptionsNatural Resource Protection 20.110.05020.50.040 SetbacksAgricultural Land Preservation M I S S O U L A Z O N I N G O R D I N A N C E Public Hearing Draft (05-29-2009) – Page 20.110-2 When existing lawfully established residential buildings on one or more abutting lotparcels are closer to the front property line than the otherwise required front set- back, additions to existing residential buildings or construction of new residential buildings on the subject lotparcel may comply with the average front yard depth that exists on the nearest 2 lotparcels on either side of the subject lotparcel instead of complying the zoning district’s minimum front setback requirement. a. If one or more of the lotparcels required to be included in the averaging calcu- lation areis vacant, the vacant lotparcel will be deemed to have a front yard depth equal to the minimum front setback requirement of the underlying zon- ing district. b. LotParcels that front on a different street than the subject lotparcel or that are separated from the subject lotparcel by a street or alley may not be used in computing the average. c. When the subject lotparcel is a corner lotparcel, the average front yard depth ---PAGE BREAK--- Chapter 20.110Chapter 20.50 Measurements and ExceptionsNatural Resource Protection 20.110.05020.50.040 SetbacksAgricultural Land Preservation M I S S O U L A Z O N I N G O R D I N A N C E Public Hearing Draft (05-29-2009) – Page 20.110-3 will be computed on the basis of the nearest 2 lotparcels that front on the same street as the subject lotparcel. d. When the subject lotparcel abuts a corner lotparcel fronting on the same street, the average front yard depth will be computed on the basis of the abutting cor- ner lotparcel and the nearest 2 lotparcels that front on the same street as the subject lotparcel. 3. Garage Setbacks All residential garages that are accessed from the street must be set back at least 20 feet and may not be located closer to the street than the front façade of the residen- tial building. 4. Permitted Obstructions/Encroachments Front setbacks must be unobstructed and unoccupied from the ground to the sky except as expressly allowed in 20.110.050D. B. Rear Setbacks 1. Measurement Rear setbacks are measured from the rear property line to the closest point of the building. 2. Permitted Obstructions/Encroachments Rear setbacks must be unobstructed and unoccupied from the ground to the sky ex- cept as expressly allowed in 20.110.050D. 3. Exceptions When an existing nonconforming structure encroaches into the otherwise required rear setback, additions to that nonconforming structure may also encroach, but no further than the existing nonconforming structure. 4. Through LotParcels On through lotparcels both (opposing) street lines are considered front property lines and front setback standards apply. Rear setback standards do not apply. C. Side Setbacks 1. Measurement Side setbacks are measured from the side property line to the closest point of the building. 2. Permitted Obstructions/Encroachments Side setbacks must be unobstructed and unoccupied from the ground to the sky ex- cept as expressly allowed in 20.110.050D. 3. Exceptions When an existing residential building encroaches into the otherwise required side setback, additions to that residential building may also encroach, but no further than the existing building. ---PAGE BREAK--- Chapter 20.110Chapter 20.50 Measurements and ExceptionsNatural Resource Protection 20.110.05020.50.040 SetbacksAgricultural Land Preservation M I S S O U L A Z O N I N G O R D I N A N C E Public Hearing Draft (05-29-2009) – Page 20.110-4 D. Features Allowed to Encroach in Required Setbacks Required setbacks must be unobstructed and unoccupied from the ground to the sky ex- cept that features are allowed to encroach into required setbacks to the extent indicated in the following table: Obstruction/Projection into Required Setback Front Side Rear Accessory buildings used for domestic storage (see also Chapter 20.45 for specific regulations governing accessory uses and structures) No No Yes Air conditioning units, provided the unit is not more than 48 inches in height No Yes Yes Arbors and trellises Yes Yes Yes Awnings and canopies projecting no more than 5 feet into the setback Yes Yes Yes Balconies that project no more than 5 8 feet into the setback Yes No Yes Bay windows that project no more than 18 32 inches into the setback and are no more than 15 feet in length Yes Yes Yes Chimneys and flues that project no more than 18 24 inches into the setback Yes Yes Yes Decks, patios, and other features and structures less than 30 inches in height above grade Yes Yes Yes Satellite dish antennas, not exceeding 1 meter (39.37 inches) in diameter Yes Yes Yes Satellite dish antennas, over 1 meter but not exceeding 2.4 meters (94.49 inches) in diameter No No Yes Eaves and gutters projecting 30 48 inches or less into setback, provided they are set back at least 3 feet from the property line Yes Yes Yes Fences and walls (see Chapter 12.30 of the Municipal Code) Yes Yes Yes Fire escape, open or lattice enclosed; projecting no more than 5 feet into the setback No Yes Yes Fireproof outside stairway projecting no more than 5 feet into the setback No Yes Yes Flagpoles Yes Yes Yes Porches that are open on at least 3 sides and project no more than 8 feet into the setback (see also 20.110.050D.1) Yes No Yes Recreational equipment swing sets and basketball hoops) Yes Yes Yes Sills, belt courses, cornices, buttresses and other architectural features Yes Yes Yes Steps and stairs (primary access) up to 30 inches in height above grade projecting no more than 5 feet into the setback and set back at least 4 feet from all property lines Yes Yes Yes Wheelchair lifts and ramps that meet federal, state and local accessibility standards Yes Yes Yes ---PAGE BREAK--- Chapter 20.110Chapter 20.50 Measurements and ExceptionsNatural Resource Protection 20.110.06020.50.040 Building HeightAgricultural Land Preservation M I S S O U L A Z O N I N G O R D I N A N C E Public Hearing Draft (05-29-2009) – Page 20.110-5 Obstruction/Projection into Required Setback Front Side Rear Window wells that are not part of the foundation wall and not more than 30 inches in height above grade Yes Yes Yes 1. Open porches or decks, excluding steps, may project into the front setback by up to 8 feet. The porch, deck, and steps must be set back at least 4 feet from all property lines. E. Separation of Residential Buildings on Same LotParcel If 2 or more residential buildings are located on the same lotparcel, setbacks must be pro- vided as if the buildings were on separate lotparcels. If a residential building is con- structed behind or in front of an another residential building, the minimum separation distance required between the 2 buildings must be at least equal to the sum of the 2 re- quired rear side setbacks and the required front setback of the subject zoning district or 20 feet, whichever is greater. The rear building on the lotparcel is not subject to rear setback requirements. 20.110.060 Building Height A. Measurement Building height is the measured as the vertical distance from the lowest point where the building line foundation meets natural existing or finished grade (whichever is lower) to the highest point of the subject building. The highest point of the building is the coping of a flat roof, deck line the top of a mansard roof or shed roof, or the peak of the highest ga- ble of a pitch gambrel or hip roof. ---PAGE BREAK--- Chapter 20.110Chapter 20.50 Measurements and ExceptionsNatural Resource Protection 20.110.06020.50.040 Building HeightAgricultural Land Preservation M I S S O U L A Z O N I N G O R D I N A N C E Public Hearing Draft (05-29-2009) – Page 20.110-6 B. Exceptions 1. General The following features are not counted in the measurement of may exceed maxi- mum building height limits: a. chimneys and antennas; b. vents and ventilation stacks; c. wireless communication facility antenna arrays; d. steeples; e. belfries; f. grain elevators; g. skylights; h. solar panels that do not exceed maximum building height limits by more than 2 feet,; i. small wind energy conversion systems, subject to the regulations of 20.45.070; j. clock towers; k. water towers; l. flag poles; m. stair and elevator penthouses; n. egress window wells; o. basement stairwells not exceeding 5 feet in width; ---PAGE BREAK--- Chapter 20.110Chapter 20.50 Measurements and ExceptionsNatural Resource Protection 20.110.07020.50.040 District AreaAgricultural Land Preservation M I S S O U L A Z O N I N G O R D I N A N C E Public Hearing Draft (05-29-2009) – Page 20.110-7 p. open guard rails and mechanical equipment, including and any required screening, provided such equipment does not cover more than 25% of the roof area; and q. similar structural elements that do not add habitable floor area to a building. 2. Public and Civic Buildings Churches and public and civic buildings hospitals and schools) may exceed the building height limits of the subject zoning district if side setbacks exceed the re- quired side setbacks by at least one foot for each 5 feet of height by which the build- ing exceeds the maximum height limit of the subject district. 3. Building Additions When a lawfully established existing residential building exceeds the height limit of the subject zoning district, additions to that building may also extend beyond the height limit, but no further than the existing building height. 20.110.070 District Area District area per unit refers to the amount of contiguous land area classified in the subject zoning district, excluding public rights-of-way. ---PAGE BREAK--- ---PAGE BREAK--- M I S S O U L A Z O N I N G O R D I N A N C E Public Hearing Draft (05-29-2009) – Index-1 Zoning Ordinance Index A comprehensive index will be inserted here. Index preparation will occur towards the end of the project. ---PAGE BREAK--- ---PAGE BREAK--- M I S S O U L A Z O N I N G O R D I N A N C E Public Hearing Draft (05-29-2009) – A-1 Appendix A: Riparian/Wetland Habitat and Community Types A. Coniferous Tree Types Grand fir/lady fem H.T. Subalpine fir/bluejoint reedgrass (bluejoint reed grass Phase) Subalpine fir/bluejoint reedgrass (Canby's licorice root Phase) Subalpine fir/bluejoint reedgrass (dwarf huckleberry Phase) Subalpine fir/sweetscented bedstraw H.T. Subalpine fir/labrador tea (bluejoint reedgrass Phase) Subalpine fir/Labrador tea (Labrador tea Phase) Subalpine fir/devil's club (fool's huckleberry Phase) Subalpine fir/clasping-leafed twisted stalk (clasping-leafed twisted stalk Phase) Rocky Mountain juniper/red osier dogwood H.T. Spruce/bluejoint reedgrass C.T. Spruce/red osier dogwood H.T. Spruce/field horsetail H. T. Spruce/sweet-scented bedstraw H.T. Ponderosa pineired osier dogwood H. T. Douglas fir/red osier dogwood H.T. Western red cedar/lady fem (lady fem Phase) Western red cedar/oak fem H.T. Western red cedar/devil's club H.T. Western hemlock/oak fem H.T. B. Deciduous Tree Habitat Type Russian olive C.T. (non-upland) Quaking aspen/bluejoint reedgrass H.T. Quaking aspen/red osier dogwood H.T. Quaking aspen/western sweet-cicely H.T. Quaking aspen/kentucky bluegrass C.T. Black cottonwood/red osier dogwood C.T. Black cottonwood/ Herbaceous C.T. Black cottonwood/recent alluvial bar C.T. Black cottonwood/ western snowberry C. Willow Shrub Habitat Types Bebb willow C.T. Drummond willow/bluejoint reedgrass H.T. ---PAGE BREAK--- Appendix A: Riparian/Wetland Habitat and Community TypesZoning Ordinance Index M I S S O U L A Z O N I N G O R D I N A N C E Public Hearing Draft (05-29-2009) – A- 2 Drummond willow/beaked sedge H.T. Drummond willow C.T. Sandbar willow C.T. Geyer's willow/bluejoint reedgrass H.T. Geyer's willow/breaked sedge H.T. Geyer's willow C.T. Whiplash willow C.T. D. Non-Willow Shrub Habitat Types Mountain alder C.T. Sitka alder C.T. Bog birch/beaked sedge H.T. Water birch C.T. Red osier dogwood C.T. Succulent hawthorn C.T. Small leafed laurel/Holm's Rocky Mountain sedge H.T. Shrubby cinquefoil/tufted hairgrass H.T. Woods rose C.T. Douglas' spirea C.T. Western snowberry C.T. E. Sedge Habitat Types Water sedge (water sedge Phase) Slender sedge H.T. Mud sedge H.T. Nebraska sedge H.T. Beaked sedge H.T. (water sedge phase) Beaked sedge H.T. (beaked sedge Phase) Beaked sedge H.T. (tufted hairgrass Phase) Holm's Rocky Mountain sedge H.T. Short beaked sedge H.T. F. Non-Sedge Habitat Types Redtop C.T. Smooth brome C.T. Bluejoint reedgrass H.T. Tufted hairgrass H.T. Common spikesedge H.T. Few-flowered Spikebrush H.T. ---PAGE BREAK--- Appendix A: Riparian/Wetland Habitat and Community TypesZoning Ordinance Index M I S S O U L A Z O N I N G O R D I N A N C E Public Hearing Draft (05-29-2009) – A- 3 Water horsetail H.T. Northern mannagrass H.T. Baltic rush H.T. Canary reed H.T. Common reed H.T. Fowl bluegrass C.T. Kentucky bluegrass C.T. Hardstem bulrush H.T. Arrowleaf groundsel C.T. Common Cattail H.T. For additional Information on site types, classification, function, and areas of riparian resource, see: The Classifica- tion and Management of Riparian and Wetland Sites in Montana, 1992 (1994-1995 update in press). Montana Ripar- ian Association, Montana Forest and Conservation Experiment Station, School of Forestry. University of Montana, Missoula, Montana 59812. ---PAGE BREAK--- ---PAGE BREAK--- M I S S O U L A Z O N I N G O R D I N A N C E Public Hearing Draft (05-29-2009) – A-1 Appendix B: /RV, Rattlesnake Valley Overlay A. Purpose 1. The purpose of the /RV, Rattlesnake Valley Overlay district is to provide supplemen- tary development regulations to underlying district districts to ensure that develop- ment occurs in such a manner as to protect the character of these areas and to im- plement the goals of the comprehensive plan. It is the further intent of the /RV over- lay district to: a. encourage a sensitive form of development in the existing developed neighbor- hoods of the Rattlesnake Valley; b. allow for land development that complements the settlement pattern and exist- ing land use character of the area; and c. protect and enhance the natural and visual character of the valley and the city as a whole. B. Minimum Area The /RV overlay district is primarily intended to be applied to parcels one acre or larger within the Rattlesnake Valley. The Missoula City Council is authorized to approve appli- cations to apply the overlay district to smaller parcels. C. Applicability 1. The standards of the /RV overlay district apply to any development proposal for construction of new independent residential dwelling units. 2. The /RV district standards do not apply to enlargements, alterations or conversions of existing structures. Further, the standards do not apply to the construction of any accessory structure that does not contain a residence. 3. No building or structure may be constructed, nor may any lot or parcel be excavated or graded in connection with any building development, unless the proposal satisfies the findings outlined in 20.110.080F and complies willth all of the /RV overlay dis- trict regulations of this section. D. Allowed Uses 1. The use regulations of the underlying zoning district govern except as expressly stated in this section. 2. The /RV overlay district allows attached and multi-dwelling housing at the same density permitted in the underlying district. Example: A one-acre parcel of land zoned RT10 can be developed through subdivision as 4 detached houses or, under the /RV overlay district, as any combination of 4 attached dwelling units (such as two-unit houses, townhouses, multi-dwelling houses and multi-dwelling buildings). E. Review Procedure A zoning compliance permit is required for development in the /RV overlay district. The application must include a site plan of the entire property demonstrating compliance with the regulations of the overlay district. The application must also include an inventory of the biological species on the property performed by a qualified professional detailing the specific amount, type and location of biologically sensitive species, and the relative value of the habitat. This inventory is subject to review and approval by the office of planning ---PAGE BREAK--- Appendix B: /RV Rattlesnake Valley Overlay M I S S O U L A Z O N I N G O R D I N A N C E Public Hearing Draft (05-29-2009) – A- 2 and grants and any other qualified agency, in cases where outside consultation is neces- sary. F. Findings Required for Approval In reviewing an application for zoning compliance, the director of the office of planning and grants must make the following findings of fact: 1. The site is physically suitable for the design proposal, and siting of the proposed de- velopment will result in minimum disturbance of biologically sensitive areas. As de- termined by the city engineer, grading and excavation proposed in connection with the development should not result in soil erosion, silting of lower slopes, slide dam- age, flooding, severe scarring or any other geological instability or fire hazard that would affect health, safety and general welfare. 2. Any proposed development retains the visual quality of the site and the aesthetic qualities of the neighborhood by utilizing proper structural scale and character and varied architectural treatments. 3. The proposed development is in conformance with the comprehensive plan, the open space plan, the transportation plan and any other adopted applicable plans. 4. The development complies with overlay district regulations and the applicable regu- lations of the underlying zoning district. G. Landscape Design 1. Minimum Area A continuous open landscape area must be conserved or reclaimed to a naturalized condition with predominantely native vegetation. In the R215, R80 and R40 districts the minimum open landscape area must comprise at least 50% of the gross land area of the parcel. 2. Vegetation A list of vegetation appropriate for the required open landscape area follows: Species Woods Rose Caragana Virginia Creeper Buffalo Berry Scopuldrum Juniper Ninebark Honeysuckle Ponderosa Pine Lodge Pole Pine Red Osier Dogwood Serviceberry Snowberry Cottonwood Alpine Fur Chokecherry Yucca Sumac Silver Buffalo Berry Austrian Pine ---PAGE BREAK--- Appendix B: /RV Rattlesnake Valley Overlay M I S S O U L A Z O N I N G O R D I N A N C E Public Hearing Draft (05-29-2009) – A- 3 Species Willow Hawthorn Elderberry River Birch/Alder Rocky Mt Maple Lilac Mt Ash Moyesii Rose Alder/River Birch Mockorange Ruse Sumac Mt Mahogany Douglas Fir Golden Currant Squaw Currant 3. General Design a. Open areas are intended to retain the open character of the neighborhood and may include public or private lands but do not include parking or motorized vehicular use areas. b. Open areas must be free of structures or impervious surfaces, including, but not limited to, motor vehicular use areas and recreation facilities. These areas are intended to remain as or be reclaimed to a natural landscape area contain- ing native vegetation and generally do not include permanently irrigated areas. If irrigated, open landscape area management should conserve energy and wa- ter through low intensity maintenance. c. Fences within this required open landscaped area must be constructed as visu- ally open fences of not more than 30% opacity. d. Landowners must replant areas of disturbance as soon as possible to prevent weed invasion, in consultation with the County Extension Office. H. Encroachment on Biologically Sensitive Lands 1. For the purposes of this subsection, “encroachment” is defined as the area of land occupied by a building or a structure, or permanently developed impervious sur- faces, including, but not limited to, vehicular use areas and recreation facilities. 2. For the purposes of this subsection, “biologically sensitive lands” are defined as those containing state or federally-listed rare, threatened, or endangered species; ri- parian areas and wetlands; and locally important wildlife habitat as identified on such maps as the Wildlife and Vegetation Maps contained within the Rattlesnake Valley Comprehensive Plan or other plans adopted by the city council. 3. The Rattlesnake Valley Biologically Sensitive Lands Map, which is available for pub- lic viewing in the office of planning and grants, identifies areas in the Rattlesnake Valley that are known to contain biologically sensitive resources or species. This map does not necessarily specify actual biological sensitivity for every parcel, and development within the Rattlesnake Valley Overlay district should be evaluated for the presence or absence of biologically sensitive resources or species. The intent of the map is to identify those lands most likely to contain biologically sensitive habi- tats to assist in the evaluation of any development proposal. The developer must ---PAGE BREAK--- Appendix B: /RV Rattlesnake Valley Overlay M I S S O U L A Z O N I N G O R D I N A N C E Public Hearing Draft (05-29-2009) – A- 4 provide the reviewing agent with the appropriate information regarding amount (percent of land area), type and location of biologically sensitive species for each de- velopment proposal. 4. Biologically sensitive lands must be preserved in their natural state, with a minimal encroachment by development into such lands as permitted in the following en- croachment table. This table specifies percentages of encroachment by structures and impervious surfaces such as vehicular use areas, streets, roads, and facilities permitted on biologically sensitive lands. Encroachment Table for Biologically Sensitive Lands Column 1 Column 2 Column 3 Column 4 Parcel contains the following percent- age of biologically sensitive lands: 0% to 24% 25% to 49% 50% to 74% 75% to 100% Maximum En- croachment Allow- ance for Buildings or Structures 0% (No building develop- ment may occur on land designated as biologi- cally sensitive) 4% (Building development may occur on 4% of the land designated as bio- logically sensitive) 8% (Building development may occur on 8% of the land designated as bio- logically sensitive) 10% (Building development may occur on 10% of the land designated as bio- logically sensitive) Maximum En- croachment Allow- ance for impervious surfaces such as vehicular use areas, streets, roads, and facilities 0% (No impervious surface may be developed on land designated as bio- logically sensitive) 4% (Impervious surfaces may be developed on 4% of the land desig- nated as biologically sensitive) 8% (Impervious surfaces may be developed on 8% of the land desig- nated as biologically sensitive) 10% (Impervious surfaces may be developed on 10% of the land designated as biologically sensitive) Example using the Biologically Sensitive Areas Table (Table 1) for a parcel containing 10 acres: In this example, 3 acres of the 10 acres (30%) are on biologically sensitive lands and the remaining 7 acres (70%) are not on biologically sensitive lands. Since the 10 acres consists of 30% biologically sensitive lands, Column 2 in the encroachment table is the guiding standard for development on the lands in this example. Development may occur on biologically sensitive lands at an encroachment percentage of 4% for structures and 4% for vehicular use areas, streets, and facilities for a total encroachment on these lands of 8% of the total land area. 5. Development or grading occurring on biologically sensitive lands over and above the encroachment allowance in the encroachment table of 20.110.080H.4 is not permit- ted unless as part of an approved Planned Unit Development. This encroachment table is intended to allow first for development on the land most suitable for devel- opment, based on the specific location of biologically sensitive species and natural features of the landscape. Development must occur so as to minimize impacts on the most biologically sensitive areas. 6. In addition, the following standards apply in biologically sensitive lands: a. Native vegetation must be retained in biologically sensitive lands. b. No permanent irrigation may be installed in biologically sensitive lands. c. No non-native vegetation may be introduced in biologically sensitive lands ex- cept for lawn and landscaped areas adjacent to residential building sites where plantings are subject to review and approval by the office of planning and grants in consultation with the urban forester. d. No sensitive species may be significantly adversely impacted. 7. Areas of native vegetation that are cleared or thinned to protect existing or proposed structures in potential danger from fire may be exempted from the 4 standards of ---PAGE BREAK--- Appendix B: /RV Rattlesnake Valley Overlay M I S S O U L A Z O N I N G O R D I N A N C E Public Hearing Draft (05-29-2009) – A- 5 20.110.080H.6, provided that the area cleared or thinned for such brush manage- ment is approved by the Fire Department. I. Setbacks from Hazardous Areas A setback of at least 50 feet must be provided from potentially hazardous engineered structures, such as pipelines and high voltage powerlines. Development must maintain a safe distance from landslide areas, active geologic faults, and irrigation canals. J. Treatment of Significant Cultural Sites and Resources Permitted uses on lands containing significant prehistoric/historic sites and resources are those uses permitted by the underlying district subject to the following regulations and the standards of the underlying district: 1. Development is not permitted on lands containing significant prehistoric/historic sites or resources unless all feasible measures are taken to protect and preserve the significant prehistoric/historic site or resource. 2. Alterations and improvements to prehistoric/historic sites and resources that en- hance, restore, maintain or repair the site or resource and that do not adversely af- fect the special character, or special historical, architectural, archaeological or other cultural value of the site or resource may be permitted. 3. This subsection is intended to supplement protection provided to significant cul- tural sites and resources by existing local, state and federal law. K. Density Transfers Transfer of residential density within a proposed development under unified control may be approved if the plan does not exceed the overall residential density allowed by the un- derlying zoning districts. Density transfers may occur among zoning districts with differ- ing maximum residential densities only in a manner that transfers density from lower density districts to higher density districts. L. Deviation from Setbacks For lotparcels with severe floodplain or topographic limitations, required setbacks may be reduced by 50%. ---PAGE BREAK--- Effective Date. The provisions of the ordinance shall be effective in 30 days. Severability. If any selection, subsection, sentence, clause, phrase or word of this ordi- nance is for any reason held to be invalid or unconstitutional, such decision shall not af- fect the validity of the remaining portions of this ordinance. The council hereby declares that it would have passed this ordinance and each section, subsection, sentence, clause, phrase and words thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses, phrases or words have been declared invalid or un- constitutional, and if for any reason this ordinance should be declared invalid or uncon- stitutional, then the remaining ordinance provisions will be in full force and effect. PASSED by a Ayes, Nays, Abstain and Absent vote and APPROVED by the Mayor this day of 200__. ATTEST: APPROVED: Martha L. Rehbein John Engen City Clerk Mayor (SEAL)