Town of Bridger

Title 17: Zoning (2013)

Title 17 ZONING

 

Chapters:

17.04 General Provisions and Definitions

17.08 “A” Residential District

17.12 “B” Residential District

17.16 “C” Residential District

17.20 “D” Residential District

17.24 Commercial District

17.28 Industrial District

17.32 Open Space District

 

 

Chapter 17.04 GENERAL PROVISIONS AND DEFINITIONS

 

Sections:

17.04.010 Definitions.

17.04.020 Use districts.

17.04.030 Boundaries of use districts.

17.04.040 Nonconforming use of land.

17.04.050 Nonconforming building.

17.04.060 Variances.

17.04.070 Enforcement.

17.04.080 Appeals.

17.04.090 Request for changing use district.

17.04.100 Procedure for changing use districts.

17.04.110 Applications for zoning permits--Required.

17.04.120 Applications for zoning permits--Enforcement.

17.04.130 Violations.

17.04.140 Penalty.

 

17.04.010 Definitions.

When used in this title, the following words and phrases shall have the meanings ascribed to them in this section.

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

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

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

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

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

“Lot lines” means lines bounding a lot.

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

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

“Setback” means the minimum horizontal distance between the street wall of a building and the street line.

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

“Single-family dwelling” means a detached building having accommodations for and occupied by one family only. It shall also mean a detached building used as a foster home, boarding home, or community residential facility within the meaning of M.C.A. 41-3-1102 and 76-2-411.

“Street wall” means the main wall nearest to and fronting on a street, including sun-parlors, but not including bay windows or porches which are not closed in, and extend less than five feet from the main wall of the building. (Prior code § 12-1-01)

 

17.04.020 Use districts.

For the purpose of classifying, and regulating the use of real property, the town and all land within one mile of the town shall be divided into the following use districts:

A. Open space district;

B. “A” Residential;

C. “B” Residential;

D. “C” Residential;

E. “D” Residential;

F. Commercial;

G. Industrial;

H. Not classified. (Prior code § 12-1-02)

 

17.04.030 Boundaries of use districts.

The boundaries of the use districts shall be as shown on the use district map which is on file in the office of the town clerk. The use district is adopted and incorporated. No land shall be used, and no building shall be erected or altered within a use district except in conformance with the regulations provided in this title. (Prior code § 12-1-03)

 

17.04.040 Nonconforming use of land.

The lawful use of land, existing at the time of adoption of this title, may be continued although such use does not conform to the regulations provided for the use district in which the land is located. Provided, however, that if such nonconforming use is discontinued for a period of two years, any future use of the land shall be in conformity with the regulations of the land use district in which the land is located. (Prior code § 12-1-04)

 

17.04.050 Nonconforming building.

The lawful use of buildings or structures existing at the time of adoption of this chapter may be continued although such use does not conform to the regulations provided for the use district in which the building is located. Provided, however, that no structural alterations except those required by this code or other ordinances of the town, are made therein. The use of a nonconforming building which has been damaged less than fifty (50) percent of its valuation may be continued, provided the building is restored within one year. The use of a nonconforming building which has been damaged more than fifty (50) percent of its valuation shall be discontinued. (Prior code § 12-1-05)

 

17.04.060 Variances.

The board of adjustment may grant permits for the alterations or construction of nonconforming buildings, or for nonconforming uses, provided such building or use will not be detrimental to, or tend to alter, the character of the neighborhood. (Prior code § 12-1-06)

 

17.04.070 Enforcement.

The building inspector shall be charged with the enforcement of this title. (Prior code § 12-1-07)

 

17.04.080 Appeals.

Appeal from the rulings of the building inspector concerning the enforcement of the provisions of this title may be made to the board of adjustment within such time as shall be prescribed by the board as a general rule. The appellant shall file with the building inspector and with the board of adjustment a notice of appeal specifying the grounds thereof. The building inspector shall forthwith transmit to the board all of the papers constituting the record upon which the action appealed from was taken. An appeal stays all proceedings in furtherance of action appealed from unless the officer from whom the appeal is taken certified to the board of adjustment that a stay would, in his or her opinion, cause imminent peril to life or property. In such case, proceedings shall not be stayed except by a restraining order from the board of adjustment, or from a court of record. (Prior code § 12-1-08)

 

17.04.090 Request for changing use district.

Changes in classifications of boundaries of any use district from that presently zoned may be made by the town council upon a petition of any landowner which is joined by more than fifty (50) percent of the landowners within three hundred (300) feet of the lot or lots proposed to be changed in zoning classification. Application fees shall be as established from time to time by ordinance. (Ord. 38 § 1 (part), 2001: prior code § 12-1-09)

 

17.04.100 Procedure for changing use districts.

A proposed change in use district shall be referred to the town council, which shall make careful investigation. The town council may appoint a zoning commission for the purpose of investigation. The town council shall then hold a public hearing on the matter. Notice of the hearing shall be published twice in a newspaper published within the town. Both notices shall appear prior to the time set for hearing. At the time of such hearing, the council shall hear all persons presenting recommendations or objections relative to the proposed change, and shall thereupon take action. (Prior code § 12-1-10)

 

17.04.110 Applications for zoning permits--Required.

Applications for zoning permits must be obtained before any construction, alteration, addition, demolition, repair of dwelling, fence, sidewalk, accessory buildings can be started. (Ord. 33 (part), 2001: prior code § 12-1-13)

 

17.04.120 Applications for zoning permits--Enforcement.

Applications for zoning permits must be presented to the town council for approval prior to any construction, alteration, addition, demolition, repair of dwelling, fence, sidewalk, accessory buildings can be started. (Ord. 33 (part), 2001: prior code § 12-1-14)

 

17.04.130 Violations.

Prosecutions for violations of this title shall be in the court of the town, upon written complaint of the building inspector or town council. (Prior code § 12-1-11)

 

17.04.140 Penalty.

Persons violating any provisions of this title shall be subject to the general penalty. Each day that a violation is permitted to exist shall constitute a separate offense. (Prior code § 12-1-12)

 

Chapter 17.08 “A” RESIDENTIAL DISTRICT

 

Sections:

17.08.010 Permitted uses.

17.08.020 Conformity with chapter required.

17.08.030 Building area.

17.08.040 Rear yard.

17.08.050 Side yard.

17.08.060 Height.

17.08.070 Setback line.

17.08.080 Schools, churches, temples, libraries and fire departments.

 

17.08.010 Permitted uses.

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

A. Single-family dwellings not including trailer coaches;

B. Schools;

C. Parks, recreation buildings, and country clubs not conducted as a business or for profit;

D. Accessory uses incident to the above uses, including private garages;

E. Fire departments;

F. Churches and temples;

G. Libraries. (Prior code § 12-2-01)

 

17.08.020 Conformity with chapter required.

No building shall be erected or altered in an “A” residential district except in conformity with the regulations prescribed in this chapter. (Prior code § 12-2-08)

 

17.08.030 Building area.

Except as otherwise provided in this chapter, no building with its accessory buildings shall be erected or altered, so as to occupy more than forty-five (45) percent of the area if it be on a corner lot or no more than thirty-five (35) percent of the area if it be on an interior lot. (Prior code § 12-2-02)

 

17.08.040 Rear yard.

Except as otherwise provided in this chapter, every building shall have a rear yard, the depth of which shall not be less than fifteen (15) feet for lots less than one hundred fifty (150) feet in depth and not less than twenty-five (25) feet for lots one hundred fifty (150) feet and over. (Prior code § 12-2-03)

 

17.08.050 Side yard.

Except as otherwise provided in this chapter, every lot shall have two side yards, each of not less than six feet in width. There shall be no percentage of width restrictions. (Prior code § 12-2-04)

 

17.08.060 Height.

Except as otherwise provided in this chapter, no building shall exceed thirty-five (35) feet in height. (Prior code § 12-2-05)

 

17.08.070 Setback line.

No building shall be erected or altered so as to place its street wall nearer than thirty (30) feet from the street line. No accessory building shall be erected nearer than thirty (30) feet from the street line. (Prior code § 12-2-06)

 

17.08.080 Schools, churches, temples, libraries and fire departments.

For the purpose of erecting schools, churches, temples, libraries, or fire departments, two or more adjoining lots shall be considered a single lot (hereinafter called a plot), provided that the side line, rear yard, and building set back provisions are observed. Two side yards of not less than six feet in width shall be provided on each plot. The depth of the rear yard of the plot shall not be less than ten (10) feet. The street wall of the building erected on the plot shall be placed no closer than thirty (30) feet to the street line. The building shall not exceed sixty (60) feet in height. (Prior code § 12-2-07)

Chapter 17.12 “B” RESIDENTIAL DISTRICT

 

Sections:

17.12.010 Permitted uses.

17.12.020 Conformity with chapter required.

17.12.030 Building area.

17.12.040 Rear yards.

17.12.050 Side yards.

17.12.060 Setback line.

17.12.070 Height.

 

17.12.010 Permitted uses.

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

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

B. Apartment houses and multiple-family dwellings;

C. Hospitals;

D. Police departments;

E. Professional or commercial offices. (Prior code § 12-3-01)

 

17.12.020 Conformity with chapter required.

No building shall be erected or altered in a “B” residential district except in conformity with the regulations prescribed in this chapter. (Prior code § 12-3-02)

 

17.12.030 Building area.

No building with its accessory buildings shall be erected or altered so as to occupy more than fifty (50) percent of the area of an interior lot, or more than sixty (60) percent of the area of a corner lot. (Prior code § 12-3-03)

 

17.12.040 Rear yards.

Every building shall have a rear yard, the depth of which shall not be less than fifteen (15) feet for lots less than one hundred fifty (150) feet in depth and not less than twenty-five (25) feet for lots one hundred fifty (150) feet and over. (Prior code § 12-3-04)

 

17.12.050 Side yards.

Two side yards shall be provided on every lot. The width of each side yard shall be not less than six feet. (Prior code § 12-3-05)

 

17.12.060 Setback line.

No building shall be erected or altered so as to place its street wall nearer than twenty (20) feet from the street line. No accessory building shall be erected nearer than twenty (20) feet from the property line. (Prior code § 12-3-06)

 

17.12.070 Height.

No building shall exceed sixty (60) feet in height. (Prior code § 12-3-07)

Chapter 17.16 “C” RESIDENTIAL DISTRICT

 

Sections:

17.16.010 Permitted uses.

17.16.020 Conformity with chapter required.

17.16.030 Definitions.

17.16.040 Building area.

17.16.050 Rear yards.

17.16.060 Side yards.

17.16.070 Setback line.

17.16.080 Height.

 

17.16.010 Permitted uses.

In any “C” residential district, no land may be used, and no building shall be erected or altered except for the following uses:

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

B. Hospitals;

C. Single family mobile home dwellings. (Prior code § 12-3A-01)

 

17.16.020 Conformity with chapter required.

No building shall be erected or altered in a “C” residential district except in conformity with the regulations prescribed in this chapter. (Prior code § 12-3A-02)

 

17.16.030 Definitions.

For the purposes of this chapter, single family dwelling shall include mobile homes wherein a mobile home is located upon a single lot. In order for more than one mobile home to be located upon what is presently a lot, a subdivision of said lot shall be required for the purposes of creating two separate lots. (Prior code § 12-3A-08)

 

17.16.040 Building area.

No building with its accessory building shall be erected or altered so as to occupy more than fifty (50) percent of the area of the interior lot, or more than sixty (60) percent of the area of a corner lot. (Prior code § 12-3A-03)

 

17.16.050 Rear yards.

Every building shall have a rear yard, and shall be no closer to the alley than the distance prescribed for mobile homes and building within this code. (Prior code § 12-3A-04)

 

17.16.060 Side yards.

Every building shall have a side yard, and shall be no closer than six feet to the adjoining lot. Distance shall be measured from the outermost construction of the premises. (Prior code § 12-3A-05)

 

17.16.070 Setback line.

No building shall be erected or altered so as to place its street wall nearer than twenty (20) feet from the street line. No accessory buildings shall be erected nearer than twenty (20) feet from the street line. (Prior code § 12-3A-06)

 

17.16.080 Height.

No building shall exceed sixty (60) feet in height. (Prior code § 12-3A-07)

Chapter 17.20 “D” RESIDENTIAL DISTRICT

 

Sections:

17.20.010 Permitted uses.

17.20.020 Trailer park defined.

17.20.030 Regulations.

17.20.040 Prohibition.

 

17.20.010 Permitted uses.

In any “D” residential district no land shall be used and no building shall be erected or altered except for the following uses:

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

B. Apartment houses and multiple-family dwellings;

C. Professional and commercial offices;

D. Trailer parks. (Prior code § 12-3B-01)

 

17.20.020 Trailer park defined.

A “trailer park” is defined as an area in which multiple trailers are located upon property specifically created and set up for that purpose. It shall not be necessary that trailers be located upon separate lots, however, a creation of any trailer park shall be deemed a subdivision in accordance with the laws of the state, and all subdivision laws of the state must be complied with. (Prior code § 12-3B-02)

 

17.20.030 Regulations.

Any trailer park must have adequate roads, sewer and water services, water meters, sewer lines, shut offs, alleys and driveways, suitable both to the county planner, and the town council. (Prior code § 12-3B-03)

 

17.20.040 Prohibition.

Trailer parks shall not be allowed in any area within the town except those specifically zoned “D” residential. (Prior code § 12-3B-04)

Chapter 17.24 COMMERCIAL DISTRICT

 

Sections:

17.24.010 Prohibited uses.

 

17.24.010 Prohibited uses.

In any commercial district buildings may be erected or altered and land used for all lawful purposes except:

A. Storage yards for scrap, bulk or raw materials;

B. Railroad yards or roundhouses;

C. Livestock corrals or feedlots;

D. Any manufacture or treatment whatsoever except light manufacturing as are carried on within an entirely enclosed building which create no objectionable noise, odor, smoke, fumes, vapor, dust or gas. (Prior code § 12-4-01)

 

Chapter 17.28 INDUSTRIAL DISTRICT

 

Sections:

17.28.010 Permitted uses.

 

17.28.010 Permitted uses.

In any industrial district, buildings may be erected or altered, or lots used for all lawful purposes. (Prior code § 12-5-01)

 

Chapter 17.32 OPEN SPACE DISTRICT

 

Sections:

17.32.010 Permitted uses.

17.32.020 Conformity with chapter required.

17.32.030 Lot size.

17.32.040 Change of use.

 

17.32.010 Permitted uses.

In any open space districts, no land shall be used, and no building shall be erected or altered except for the following uses:

A. Parks, recreation buildings, and country clubs not conducted as businesses for profit;

B. Undeveloped open spaces;

C. Agricultural uses;

D. Accessory uses incident to the above uses, including accessory buildings, and buildings used as farm residences. (Prior code § 12-6-01)

 

17.32.020 Conformity with chapter required.

No building shall be erected or altered in an open space district, except in conformity with the regulations prescribed in this chapter. (Prior code § 12-6-02)

 

17.32.030 Lot size.

In any open space district, no lot shall be less than ten (10) acres in area, except that any lot, section of lot, or tract of land to be brought into the town limits of the town shall first be zoned open space district regardless of size. (Prior code § 12-6-03)

 

17.32.040 Change of use.

It shall be the responsibility of any party wishing to annex land into the town to accept the zoning classification of open space district and to change the use district to conform with the use anticipated within the town limits within a reasonable time prior to or after annexation in conformance with the regulations described in this chapter. (Prior code § 12-6-04)