HomeMy WebLinkAboutOrdinance No. O24-02ORDINANCE NO. 024-02
AN ORDINANCE REPEALING AND REPLACING CERTAIN SECTIONS OF
TITLE 17 OF THE LAUREL MUNICIPAL CODE RELATED TO ZONING.
WBEREAS, the City Council desires to keep the Laurel Municipal Code current by
modifying and updating Chapters, Sections, and Subsections to address situations and problems
within the City and to remain in accordance with Montana law;
WHEREAS, City Staff prepared, reviewed, and approved the following amendments to
the existing LMC Title 17, as noted herein and on the attached, and hereby recommends the
same to the City Council for its full approval;
WHEREAS, the attached LMC Title 17 changes fully replace, amend, and supersede
the existing Title 17 of the Laurel Municipal Code, except to the extent that certain Sections of
Title 17 are not addressed in the attachment hereto;
WHEREAS, the proposed changes to the existing LMC Title 17 are attached hereto and
hereby fully incorporated herein (see attached revised LMC Title 17 changes, which repeal and
replace certain Sections of Title 17 of the LMC); and
WHEREAS, to the extent that the attachment hereto does not repeal and replace certain
Sections of Title 17, those Sections not addressed in the attachment hereto remain in full force
of law as presently codified.
This Ordinance shall become effective thirty (30) days after final passage by the City
Council and approved by the Mayor.
Introduced and passed on first reading at a regular meeting of the City Council on the
14th day of May 2024, upon Motion by Council Member Klose.
PASSED and ADOPTED by the Laurel City Council on second reading on the 28th day
of May 2024, upon Motion by Council Member Wheeler.
APPROVED BY THE MAYOR on the 28th day of May 2024.
CITY OF LAUREL
Q Da -1
Dave Waggoner, Mayo
Ordinance No. 024-02 Amend LMC Title 17 (Zoning)
ATTEST:
e Stre ,Clerk -Treasurer
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APPROVED AS TO FORM:
911-1�LL t
Michele L. Braukmann, Civil City Attorney
Ordinance No. 024-02 Amend LMC Title 17 (Zoning)
ZONING COMMISS!,
2024Regulations
March 4, 2024
The City of Laurel is an incorporated City within the State of Montana with powers
established under the Constitution of Montana XI.4. The power and processes for the City
to establish zoning regulations are found in §76-2-301 et. seq. M.C.A.
Starting in early 2023 the City Council charged its Zoning Commission to update the
existing zoning regulations to reflect changes to the City Growth Policy and the community
in general.
After extensive discussion and consideration, the Zoning Commission drafted revised
Zoning Regulations but there were a number of technical issues in need of resolution. To
resolve these issues the City applied for and was awarded a Planning Grant to hire a
consultant to help the Zoning Commission refine the document resolve the technical issues
and prepare the draft regulations and a new zoning map that would implement the Growth
Policy. The Zoning Commission will conduct a public hearing on the draft Zoning
Regulations and Zoning Map, which is scheduled for Wednesday, December 20, 2023.
Following the hearing it is expected that the Zoning Commission will recommend the
Zoning Regulations and Map as the prevailing zoning for the City of Laurel.
The draft regulations incorporated the changes made during the 2023 Legislative session,
several of which were not viewed favorably by the Zoning Commission but were
incorporated as they were passed during the session. On December 29, 2023, Judge
Salvagni of the 18th Judicial District (Gallatin County) issued a preliminary injunction on
the implementation of Senate Bill 323 and 528 with a provision that communities could
unless they were otherwise inclined to implement the changes they could be repealed. SB
245 and 382 were part of the litigation but were not set aside by the injunction but are still
subject to potential repeal.
At the January 17, 2024, Zoning Commission meeting, the Zoning Commission
recommended that those section of the draft Regulations that were included but had been
enjoined, be removed from the document. It was also noted that the revised Growth Policy
was nearing completion and a decision on the Northwestern Energy site and zoning
authority was approaching. Given this, it was decided to slow down the Zoning adoption
until some additional answers were available.
LEGAL DESCRIPTION:
The City of Laurel, Montana, an incorporated City located in Yellowstone County,
Montana.
1
EXISTING CONDITION:
Currently, all property within the City of Laurel is covered by the Laurel Zoning
Regulations which date back to the late 1970's with minor revisions and updates over
roughly 40 years. The Zoning Regulations were updated and recodified in 1996 via
Ordinance 96-5. The zoning code is lacking in several aspects related to compliance with
the Growth Policy, statutory changes, and administrative processes. When coupled with
the fact that the conditions have radically changed over the past 30 to 40 years, it is time to
consider new zoning regulations that are easier to administer, clearly define roles and
responsibilities and address new/expanded uses in the city. While State Law speaks to
implementation of the Growth Policy via Subdivision Regulations, the city recognizes that
the major tool necessary to implement large sections of the Growth Policy is a zoning
ordinance.
As discussed in the following sections and in the answers to the Lowe Test, the City
Council will see the sections of the Growth Policy that are slated for implementation via
the proposed Zoning Regulations and Zoning Map for the City of Laurel.
PROCESS:
® The Zoning Commission with the assistance of City Staff and a Consultant has
prepared draft zoning regulations and a zoning map.
® The Zoning Commission conducts a duly noticed Public Hearing on the proposed
regulations and map on December 20, 2023.
® The Zoning Commission following the Public Hearing may make changes to both
the regulations and map to reflect the comments received on the draft.
® Those changes coupled with findings of fact to support the adoption of the draft
regulations and map will need to be submitted to the City Council for consideration.
® The City Council will conduct a duly noticed Public Hearing on the Zoning
Commission recommendation and an Ordinance of the City Council on First
Reading.
® Should the recommendation or the recommendation with amendments pass on First
Reading, another public hearing and Second Reading and adoption will be
scheduled.
® If passed on Second Reading, the regulations and map would become effective 30 -
days post Second Reading.
RECOMMENDED ZONES:
The Zoning Commission is recommending the creatioq of the following zones:
➢ R-7500 - Residential 7500 District.
o . The residential -7500 zone is intended to provide an area for low to medium
urban -density, single-family residential environment on lots that are served
by a public sewer and sewer system.
➢ R-6000 - Residential 6000 District.
F)
o The residential -6000 zone is intended to promote an area for medium urban -
density, duplex residential environment on lots that are usually served by a
public water and sewer system.
➢ RLMF - Residential Light Multifamily District.
o The residential light multifamily zone is intended to provide a suitable
residential environment for medium to high density (up to a fourplex)
residential dwellings. The area is usually served by a public water and sewer
system.
A RMF — Residential Multifamily District.
o The residential multifamily zone is intended to provide a suitable residential
environment for high density residential dwellings; and to establish, where
possible, a buffer between residential and commercial zones.
8 RMH - Residential Manufactured Home District
o The residential manufactured home zone is intended to provide a suitable
residential environment for individual manufactured homes, manufactured
home parks, and competitive accessory uses.
RP — Residential Professional District
o The residential professional zone is intended to permit professional, and
semiprofessional uses compatible with surrounding residential
development.
➢ NC — Neighborhood Commercial District.
o The neighborhood commercial zone is intended to accommodate shopping
facilities consisting of convenience retail and personal service
establishments which secure their principal trade by supplying the daily
needs of the population residing within a one-half mile radius of such
neighborhood facilities. The location and quantity of land within the NC
zone should be a business island not more than four acres in size and that
no business frontage should extend more than six hundred feet along any
street.
➢ CBD — Central Business District.
o The central business district classification is intended to primarily
accommodate stores, hotels, governmental and cultural centers, and service
establishments at the central focal point of the city's transportation system.
CC — Community Commercial District.
o The community commercial classification is primarily to accommodate
community retail, service and office facilities offering a greater, variety than
would normally be found in a neighborhood or convenience retail
development. Facilities within the classification will generally serve an area
within a one and one-half mile radius and is commensurate with the
purchasing power and needs of the present and potential population within
W
the trade area. It is intended that these business facilities be provided in
business corridors or islands rather than a strip development along arterials.
➢ HC — Highway Commercial District.
o The purpose of the highway commercial district is to provide areas for
commercial and service enterprises which are intended primarily to serve
the needs of the tourist, traveler, recreationist, or the general traveling
public. Areas designated as highway commercial should be located in the
vicinity of, and accessible from freeway interchanges, intersections in
limited access highways, or adjacent to primary or secondary highways. The
manner in which the services and commercial activities are offered should
be carefully planned in order to minimize the hazard to the safety of the
surrounding community and those who use such services; and to prevent
long strips of commercially zoned property.
➢ LI - Light Industrial District.
o A light industrial classification is intended primarily to accommodate a
variety of business warehouse and light industrial uses related to wholesale
plus other business and light industries not compatible with other
commercial zones, but which need not be restricted in industrial or general
commercial zones, and to provide locations directly accessible to arterial
and other transportation systems where they can conveniently serve the
business and industrial center of the city and surrounding area.
➢ HI — Heavy Industrial District.
o A district intended to accommodate manufacturing, processing, fabrication,
and assembly of materials and products. Areas designated as heavy industry
should have access to two or more major transportation routes, and such
sites should have adjacent space for parking and loading facilities.
➢ P -Public District.
o The public zone is intended to reserve land exclusively for public and
semipublic uses in order to preserve and provide adequate land for a variety
of community facilities which serve the public health, safety and general
welfare.
➢ PUD Planned Unit Development.
o The planned unit development zone is intended to provide a district in which
the use of the land is for the development of residential and commercial
purposes, as an integrated unit.
RATIONAL BASIS OF ZONING:
In the State of Montana, all jurisdictions proposing to zone or rezone property or to adopt
or revise their zoning regulations must issue findings of fact on a twelve -point test that
constitute the rational nexus/legal basis for the adoption of a zoning district, zoning
Gl
regulations, or changes to zoning or zoning regulations. This rational nexus is called the
"Lowe Test".
I. Is the zoning in accordance with the growth policy;
The proposed zoning regulations and map are based on the Growth Policy. A
simple look at the Growth Policy and future land use map will verify that the
zone assignments with few exceptions will verify that the proposed zoning
assignments are consistent with the text and mapping components of the
Growth Policy.
Several strategies from the Growth Policy pertaining to the commercial and
Business development are met with the new zoning. Most notably, the
regulations are designed to provide easier conversion, reuse and restoration of
existing structures; The sign code has not been modified in terms of advertising
up to the permitted maximum limits but the entryway overlay, multiple
categories and tables that existed in previous regulations have been eliminated.
Opportunities for internally illuminated signs and signs incorporating neon
elements are contemplated in some commercial districts; and the regulations
encourage infill development and expanded use opportunities.
A Several strategies from the Growth Policy are implemented in the
administrative sections and individual District Standards. The items include
but are not limited to walkability, pedestrian sidewalks are required for all new
development and major renovations; concerns centered on nuisances and noise,
the regulations impose limits on noise and potentially offensive activity in the
standards of general applicability; and the regulations address concerns about
the pace and quality of development that the citizens of Laurel expect to see as
we move forward.
Several residential neighborhood goals and strategies are implemented.
Diversity of Neighborhoods, historic to modern; accommodation of a diverse
population both age and economic condition; Creation of zones where
manufactured homes and manufactured home parks are contemplated;
expansion of non -motorized routes and access to the core of the community.
and Residential districts protected from excessive noise and commercial
impacts the conversion of structures to new uses is encouraged.
The concept of residential Planned Unit Developments with increased density,
lot coverage and modified use regimens is contemplated in all Zoning Districts.
Finding: The recommended zoning regulations and zoning map is in accordance with the
Growth Policy and other adopted rules and regulations of the City of Laurel.
II. Is the zoning designed to lessen congestion in the streets;
The regulations encourage compact walkable development in most every district as
well as expand opportunities for new uses beyond the 1996 code. By following this
line of logic residents would be able to walk or bicycle to essential services which
would by default reduce the vehicular traffic on the streets.
5
The regulations encourage compact urban development as such the need for
vehicular travel is limited.
The expanded use opportunities in many of the commercial and residential districts
will encourage compatible higher density residential development near the city
core. Implementation of these regulations will further reduce the dependency or
need for vehicular travel.
> The zoning regulations in conjunction with the development standards adopted with
the Subdivision Regulations will provide for flow through development, logical
extension of the gridded infrastructure network, and encourage pedestrian- friendly
growth.
Finding: The recommended zone will lessen congestion in the streets by ensuring orderly
growth and development of the property that is consistent with the proposed
zoning and other regulations adopted by the City of Laurel.
III. Is the zoning designed to secure safety from fire, panic, and other dangers;
> The recommended zoning regulations and zoning map will provide for consistency
in development along with provision of police and fire protection.
The recommended zoning regulations and zoning map will incorporate
enforcement of development standards, setbacks and compliance with the other
development standards adopted by the City of Laurel.
The recommended zoning regulations and zoning map have restrictions on lot
coverage, grading and development on steep slopes and other areas that are
potentially hazardous.
Finding: The recommended zoning will provide safety to residents and visitors to the
city from fire, panic and other dangers.
0
IV. Is the zoning designed to promote health and the general welfare;
The recommended zoning imposes setbacks, height limits and building restrictions.
> The recommended zoning groups together like and consistent uses within existing
neighborhoods.
The recommended regulations restrict development in hazardous areas.
Finding: The grouping together of like and consistent uses promotes the health and
general welfare of all citizens of the City of Laurel. Further, the recommended
zoning is substantially consistent with the land use in our existing
neighborhoods.
V. Is the zoning designed to provide adequate light and air;
The recommended zoning imposes building setbacks, height limits, limits on the
number of buildings on a single parcel, and reasonable area limits on new
development.
The regulations implement the concept that the City of Laurel was developed
historically on a gridded network. The draft zoning requires the perpetuation of
this pattern. In doing so as the City plans for growth, the spacing and layout of new
development will facilitate provision of light and air to new development.
Finding: The recommended zoning will insure the provision of adequate light and air to
residents of the City through various development limitations.
VI. Is the zoning designed to prevent the overcrowding of land;
➢ The zoning regulations impose minimum lot size, use regulations and other
limitations on development.
➢ While the minimum lot sizes proposed with these regulations remains substantially
consistent with the historic pattern of development within the City of Laurel.
➢ The major change is in the clarification of additional permitted residential uses
in the R-7500 and commercial districts mandated in the 2023 legislative session.
These proposed new standards are easy to interpret and by default administer.
➢ The range of allowable lot sizes provides for ease of transition from rural to
urban development. These standards encourage annexation to the City and
development at a scale that justifies the capital extension of water and sewer
while spreading the costs out on an equitable basis.
Finding: The existing standards of the recommended zoning will prevent the
overcrowding of land.
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VII. Is the zoning designed to avoid undue concentration of population;
> The recommended zoning is a holistic approach to land use regulation for the
entirety of the City of Laurel and is not focused on any single special interest.
The recommended zoning establishes areas that are suitable for exclusive
residential, commercial, and mixed uses.
The recommended regulations create four residential zoning districts that provide
a continuum of residential densities and manage development to create land use
compatibility.
A The recommended zoning imposes minimum lot sizes, maximum number of
residences on a single parcel and setback standards.
Finding: The existing standards of the recommended zoning will prevent the undue
concentration of population by encouraging the most appropriate use and
residential density at any given location within the jurisdiction.
VIII. Is the zoning designed to facilitate the adequate provision of transportation, water,
sewerage, schools, parks and other public requirements;
A The recommended zoning establishes minimum standards for the provision of
infrastructure such as roads, sidewalks, water sewer, wire utilities and storm water
management.
➢ The recommended zoning encourages compact urban scale development and
groups together similar uses that will not detract from the quality of life expected
in Laurel while providing the economies of scale to extend water, sewer, streets,
parks, quality schools and other public requirements.
Finding: The standards of the recommended zoning will insure the adequate provision
of transportation, water, sewerage, school, parks, and other public
requirements.
IX. Does the zoning give reasonable consideration to the character of the district and
its peculiar suitability for particular uses;
The recommended zoning creates four residential districts that provide a continuum
of residential densities and uses that are compatible with existing neighborhoods
and ensures proper transitions between districts. The recommended zoning also
creates three commercial zoning districts that are designed to provide for various
land uses that are compatible with existing uses and neighborhood characteristics.
➢ The recommended zones impose setbacks, height limits and building restrictions.
These restrictions insure compatible development in the residential, commercial,
and industrial zones.
➢ The recommended zoning creates a new mixed-use district that is specifically
intended to ease the transition between residential and commercial uses.
The recommended zoning groups together like and consistent uses and is consistent
with the existing zoning in the neighborhoods.
E
The regulations create eight zoning districts each with the opportunity to create
overlays in the form of a Planned Unit Development that represent new
opportunities for development and redevelopment within the City of Laurel.
Finding: The recommended zoning gives due consideration to the character of the
existing neighborhoods, within the city as well as suitability for the particular
uses.
X. Does the zoning give reasonable consideration to the peculiar suitability of the
property for its particular uses;
The recommended zoning groups together like and consistent uses and is consistent
with the existing zoning in the neighborhood.
The recommended zoning creates four residential districts that provide a continuum
of residential densities and uses that are compatible with existing neighborhoods
and ensures proper transitions between districts. The recommended zoning also
creates three commercial and one industrial zoning districts that are designed to
provide for various land uses that are compatible with existing uses and
neighborhood characteristics.
The recommended zoning creates a new mixed-use district that is specifically
intended to ease the transition between residential and commercial uses.
➢ The recommended zoning implements all of the significant outstanding sections of
the Growth Policy. While the Growth Policy ties directly to and values the City's
history and existing use of property and structures, the tools used to encourage
development of property needed to be designed to reflect this change in direction.
The proposed zoning regulations and map reflect this change.
Finding: The recommended zone gives reasonable consideration to the peculiar
suitability of the property for its particular uses.
XI. Will the zoning conserve the value of buildings;
➢ The recommended zone groups together like and consistent uses and is consistent
with the existing zoning in the various neighborhoods of the City of Laurel.
The proposed zoning reinforces that commercial buildings will continue to have
commercial potential.
➢ The proposed zoning reinforces that residential buildings will continue to be used
for equal or greater potential residential purposes.
The proposed zoning recognizes that buildings that are located in transitional areas
have options either to remain as they are or to be converted to uses that reflect the
highest and best use, in the owner's opinion, for the subject property.
Finding: The recommended zoning will conserve or in many cases enhance the value of
buildings.
XII. Will the zoning encourage the most appropriate use of land throughout the
municipality?
0
The proposed zoning and zoning map provide for use districts that group like and
compatible uses.
> The proposed zoning and zoning map provide for transitional areas between uses
that may be incompatible.
> The recommended zoning creates a new mixed-use district that is specifically
intended to ease the transition between residential and commercial uses.
The recommended zoning is consistent with the type of development that exists and
is occurring in the neighborhoods within the City of Laurel.
The proposed zoning recognizes that buildings that are located in transitional areas
have options either to remain as they are or to be converted to uses that reflect the
highest and best use, in the owner's opinion, for the subject property.
Finding: The recommended zoning will encourage the most appropriate use of land
throughout the municipality.
RECOMMENDATION:
The Zoning Commission find that the proposed 2024 Zoning Regulations and Proposed
Official Zoning Map reflects the Growth Policy; that the rational nexus for the adoption of
zoning has been met or exceeded by the proposed regulations; and that the citizens of
Laurel have participated in the creation of the proposed Zoning Regulations and Zoning
Map. Further, that the Zoning Commission recommends that the City Council adopt the
2024 Laurel Zoning Regulations and Official Zoning Map.
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17.04. 010 — Title Cite
This title and herein referred to maps shall be known and cited as the "Laurel Zoning Ordinance" for the
incorporated limits of the city and any additional territory authorized by either state statute or county
commissioners.
17.04.020 — Purpose of Provisions
A. The zoning regulations, classifications and districts as herein set forth are in accordance with
Sections 76-2-301 to 76-2-328, 76-1-101 to 76-1-606, and 76-2-201 to 76-2-228, MCA, 1979.
B. They have been made in accordance with the comprehensive planning process, and have been
deemed necessary and developed with consideration among other things, to the character of each
zoning district and its peculiar suitability for particular uses, to conserve the value of buildings, to
stabilize property values, to preserve recreation and agricultural lands from conflict with urban
development, to promote the interest of health, safety, and general welfare, to secure safety from
fire, and to provide adequate open space for light and air, and to facilitate the economic provision
of adequate transportation, water, sewer, schools, parks, and other public requirements.
C. The Laurel city council further declares the zoning plan is adopted for the following specific
purposes.
1. To promote and guide development consistent with the goals and objectives of the
comprehensive planning process.
2. To prevent waste and inefficiency in land use.
3. To encourage innovations in residential development and renewal so that the needs of the
community for housing may be met by greater variety in type and design of dwellings and
by conservation of open space; to preserve and enhance housing values and maintain
residential neighborhood aesthetics; and4.To provide adequate land and space for the
development of commercial and industrial uses and to encourage such development in
locations calculated to benefit the community at large and in a manner consistent with the
goals and objectives of the city's comprehensive planning process.
17.04.030 — Scope
A. This title applies to all lands in the incorporated limits of the city, and any additional territory
authorized by either state statutes or the county commissioners.
B. In their interpretation and application, the provisions of this title may be regarded as the minimum
requirements for the protection of the public health, safety, comfort, prosperity and welfare.
C. This title is not intended to abrogate or annul any building permit, certificate of occupancy, variance
or other lawful permit issued prior to the effective date of the ordinances codified in this title.
i � �! �. �$
17.08.010 - Purpose of provisions
For the purpose of this title, certain words and terms used herein are defined in this chapter.
17.08.020 - Rules of construction
All words used in the present tense include the future tense. All words used in the plural number include
the singularnumber, and all words used in the singular number include the plural number, unless the natural
construction of the wording indicates otherwise. The word 'building" includes the word "structure. " The word
"shall" is mandatory and not discretionary. The word "used" shall be deemed to include "designed, intended
or arranged to be used. "
Unless otherwise specified, all distances shall be measured horizontally. The word "city" means the city of
Laurel, Montana; the term "city council" means the city council of the city, the term "board of adjustment"
means the board of adjustment of the city; the term "city zoning commission" means the zoning commission
of the city.
17.08.030 - Accessory living quarters
"Accessory living quarters" means living quarters within an accessory building for the sole use of the family
or of persons employed on the premises, or for the temporary use of guests of the occupants of the
premises. Such quarters have no kitchen facilities and are not rented, leased, or otherwise used as a
separate dwelling unit. The term "accessory living quarters" includes "guest house. "
17.08.080 — Alley
"Alley" means a public way which affords only secondary access to abutting property.
17.08.090 — Apartment
"Apartment" means a room or suite of two or more rooms in a multiple dwelling or in any other building not
a single-family dwelling or a two-family dwelling, occupied or suitable for occupancy as a dwelling unit for
one family. A bachelor apartment or efficiency unit shall qualify under this definition.
17.08.100 - Auto wrecking
See 'junkyard".
17.08.110 — Basement
"Basement" means that portion of a building below the first -floor joists, the floor of which is more than one-
half clear ceiling height below the adjacent ground.
17.08.120 — Billboard
See "Sign — Outdoor advertising. "
17.08.130 — Block
"Block" means the property abutting one side of a street and lying between the two nearest intersecting
streets, or between the nearest such street and railroad right-of-way, unsubdivided acreage, river or live
stream: or between any of the foregoing and any other barrier to the continuity of development.
17.08.131 - Bed and breakfast inn
"Bed and breakfast inn" means a house or portion thereof that contains short-term guest rooms where
lodging with or without meals is provided for compensation. The operator of the inn shall live on the same
property upon which the term is located.
17.08.132 - Boardinn, or lodging house
"Boarding or lodging house" means a house where meals (with or without lodging) are provided for
compensation and by pre -arrangement for a definite period for three or more people. "Boarding or lodging
house" shall not be construed to mean rest or convalescent homes nor 'Bed and breakfast inns".
"Building" means a structure having a roof supported by walls or columns for the shelter, support, or
enclosure of persons, animals, or chattels. When, in a building all of which is used for nonresidential
purposes, any portion of the building is completely separated from all other portions by a masonry division
wall from the ground up to the roof, and no door or other opening directly communicating between the two
portions of the building, such portions so separated shall be deemed separate buildings.
17.08.150 - Building, accessori
"Accessory building" means a subordinate building, the use of which is customarily incidental to that of a
principal building on the same lot.
17.08.160 - Building codes
"Building codes" means the current building code adopted by the city.
17.08.170 - Building inspector
"Building inspector" means the official designated by the mayor to enforce this title and building codes.
17.08.180 - Building line
"Building line" means a line established in general, parallel to the front street line between which and the
front street line no part of a building shall project, except as otherwise provided by this title.
17.08.190 - Building Principal
"Principal building" means a building in which is conducted the principal use of the lot on which it is situated.
17.08.200 - Business or commerce
"Business" or "commerce" means the purchase, sale, offering for sale, or other transaction involving the
handling or disposition of any article, service, substance or commodity for livelihood or profit, or the
management or occupancy of the office buildings, offices, recreational or amusement enterprises; or the
maintenance and use of buildings, offices, structures or premises by professions and trades or persons
rendering services.
17.08.210 - Camp, public
"Public camp" means any area or tract, or land used or designed to accommodate two or more camping
parties, including cabins, tents, camping trailers or other camping outfits.
17.08.220 — Carport
"Carport" means a structure to house or to protect motor vehicles owned or operated by the occupants of
the main building which is open to the weather for at least fifty percent of the total area of its sides, when
attached to another building it shall comply with the yard requirements of that building.
17.08.230 - Child care facilities
"Daycare home "means a private residence in which supplemental parental care is provided for up to fifteen
children, including the operator's children, from separate families on a regular basis. Such daycare home
shall be registered with the Montana Department of Public Health and Human Services.
"Daycare center" means a place in which supplemental parental care and/or adult supervision is provided
to sixteen or more children, including the operator's children, on a regular basis, and which may include
nursery schools, private kindergartens, or after school care and supervision. Such daycare center shall be
license as required by the state, city, or county and conducted in accordance with applicable state and local
requirements.
17.08.240 — City
"City" means the city of Laurel, Montana.
17.08.250 — Clinic
"Clinic" means a building designed and used for the medical, dental, and surgical diagnosis and treatment
of patients under the care of doctors and nurses.
17.08.260 - Clinic, animal
"Animal clinic" means a building or premises for the medical treatment of pets or customary household
animals, including but not limited to cats and dogs, provided no overnight boarding occurs on the premises.
17.08.270 — Club
"Club "means an incorporated or unincorporated association of persons organized fora social, educational,
literary or charitable purpose. Property occupied by a club shall be deemed to be semiprivate in character
and shall be subject to the city regulations governing public buildings and places, excluding groups
organized primarily to render a service which is normally considered a business.
17.08.280 — Cluster
"Cluster" means a pattern of residential development where dwelling units are grouped, with the remainder
of the yard left in landscaped open space.
17.08.285 - College or university
"College or university" means a post -secondary school as defined in this chapter.
17.08.290 - Commercial district
"Commercial district" means any NCL, NC, CBD, CC or HC district.
17.08.291 - Community residential facilities
"Adult foster family care home" means a private home licensed by the Montana Department of Family
Services owned by one or more persons eighteen years of age or older which offers light personal care or
custodial care to disabled adults who are not related to the owner by blood or marriage or which offers light
personal care or custodial care to aged persons. The number of aged persons or disabled adults in an adult
foster family care home may total no more than four.
"Community group home" means a family-oriented residence or home licensed by the appropriate state
agency designed to provide residential services and facilities for developmentally, severely disabled or
mentally disabled persons, but does not provide skilled or intermediate nursing care.
"Halfway house" means a place operated in accordance with the regulations of the Montana Department
of Health and Environmental Sciences for the rehabilitation of alcohol or drug dependent persons.
"Nursing homes, convalescent homes, orphanages, and charitable institutions" means a home operated
similarly to a boarding house but not restricted to any number of guest or guest rooms, and the operator of
which is licensed by the state, city, or county to give special care and supervision to his/her patients. In
such homes, nursing, dietary, and other personal services are furnished to convalescent, invalids, and aged
persons, but within which homes are kept no persons suffering from a contagious or communicable disease,
and within which are performed no surgery, maternity, or other primary treatments such as are customarily
provided in sanitariums or hospitals, and within which no persons are kept to be served who normally would
be admitted to a mental hospital. Adult foster care homes are not included in this definition.
"Youth foster home" means a youth care facility licensed by the Montana Department of Family Services in
which substitute care is provided to one to six foster children or youths, other than the foster parent's own
children, stepchildren, or wards.
"Youth group home" means a youth care facility licensed by the Montana Department of Family Services
in which individual care is provided to seven to twelve children or youth.
17.08.300 — Condominium
"Condominium" means ownership in common with others of a parcel of land and certain parts of a building,
together with individual ownership in fee of a particular unit or apartment in such building. Each individual
has an absolute title to his apartment which he may sell, mortgage or devise as he could with a single-
family dwelling that he owned.
17.08.310 — Dairy
"Dairy" means any premises where three or more cows, three or more goats, or any combination thereof
are kept, milked or maintained.
17.08.330 — Density
"Density" means the number of families residing on, or dwelling units developed on, an acre of land. As
used in this title, all densities are stated in families pernet acre, that is, per acre of land devoted to residential
use, exclusive of land in streets, alleys, parks, playgrounds, schoolyards, or other public lands and open
spaces.
17.08.340 - Drive-in restaurant
"Drive-in restaurant" means a use whose retail character is dependent on a driveway approach and parking
space for motor vehicles so as to either serve customers while in the vehicle or permit consumption of food
or beverages obtained on the premises, in a vehicle.
17.08.350 — Dwelling
"Dwelling" means a building or portion thereof arranged or designed to provide living facilities for one or
more families. The term "dwelling" shall not be deemed to include a motel, hotel or travel trailer. All dwellings
except manufactured homes must conform to the Uniform Building Code.
17.08.360 - Dwelling, group
In general, "group dwelling" means a building in which several unrelated individuals or families permanently
reside, but in which individual cooking facilities are not provided for the individual persons or families.
Specifically, "group dwelling" shall include a rooming house, fraternity house, sorority house and private
club in which one or more members have a permanent residence. "Group dwelling" shall not be deemed to
include a hotel, motel, tourist home, mobile park, or any use included in the "health -medical group. "
17.08.370 - Dwelling, multifamily
"Multifamily dwelling" means a building containing three or more dwelling units.
17.08.380 - Dwelling, multifamily high rise
"Multifamily high-rise dwelling" means a building containing over three dwelling units with a height not over
six stories or sixty feet
17.08.390 - Dwelling, single-family
"Single-family dwelling" means a building containing only one dwelling unit.
17.08.400 - Dwelling, two family
'Two family dwelling" means a building containing only two dwelling units.
17.08.410 - Dwelling unit
"Dwelling unit"means a building or portion thereof providing complete housekeeping facilities for one family.
17.08.420 — Easement
"Easement" means a grant by the property owner of the use of a strip of land by the public, or by one or
more persons or corporations for a specific purpose or purposes.
17.08.430 - Senior housing
"Senior housing" means housing designed specifically for occupancy with at least one resident domiciled
in each living unit therein with an age of sixty-two years or older.
17.08.440 - Fallout shelters
"Fallout shelters" means a structure or portion of a structure intended to provide protection to human life
during periods of danger from nuclear fallout, air raids, storms, or other emergencies.
17.08.450 — Family
"Family" means one or more persons occupying a dwelling unit and living as a single, nonprofit
housekeeping unit.
17.08.460 — Fence
"Fence" means a barrier of posts connected by boards, rails, panels, or wire constructed for purposes of
enclosing space, for separating parcels of land or for landscaping and including masonry walls, ornamental
structures, privacy screens and shrubs.
17.08.470 - Filling station
"Filling station" means a building or lot having pumps and storage tanks where fuels, oils, or accessories
for motor vehicles are dispensed, sold or offered for sale at retail only; repair service is incidental; and no
storage or parking space is offered for rent.
17.08.480 - Floodplain or floodway
"Floodplain" or "floodway" means in all cases of interpretation the regulations of the Montana Water
Resources Board as provided in Sections 76-5-103 and 76-5-104, MCA, 1979.
17.08.490 - Floodplain zone
"Floodplain zone" means a separate and distinct portion of the Laurel Zoning Ordinance governing those
lands affected by a one -hundred -year floodplain classification.
17.08.500 - Fraternity, sorority, or student
cooperative
"Fraternity," "sorority," or "student cooperative" means a building occupied by and maintained exclusively
by students.
17.08.510 — Frontage
"Frontage" means all of the property on one side of the street or highway between two intersecting streets
or highways (crossing or terminating) measured along the line of the street or highway, or if the street or
highway is dead ended, then all of the property abutting on one side between an intersecting street or
highway and the dead end of the street or highway.
17.08.520 - Garage, private
"Private garage"means an accessory building or part of principal building used only for the storage of motor
vehicles as an accessory use, when the storage space does not exceed that for the following number of
vehicles:
A. For any single-family dwelling — three passenger vehicles.
B. For any two-family dwelling —four passenger vehicles.
C. For any multifamily dwelling —passenger vehicles equal in number to two hundred fifty percent of
the number of dwelling units in the principal building.
D. For any other use — no limitation.
17.08.530 - Garage, public
"Public garage" means a building or premises which is operated for commercial purposes and used for the
storage, care, or repair of motor vehicles, but a "public garage" shall not be used for the storage of
dismantled or wrecked motor vehicles, parts thereof, or junk.
17.08.540 - Group dwelling
See "Dwelling group."
17.08.550 - Height of building
"Height of building" means the vertical distance measured from the highest of the following three levels:
A. The street curb level; or
B. The established or mean street grade in case the curb has not been constructed; or
C. The average finished ground level adjoining the building if it sets back from the street line to the
level of the highest point at the roof beams to flat roofs, or roofs inclining not more than one inch to
the foot, and to the mean height level of the top of the main plate and highest ridge for other roofs.
17.08.560 — Hospital
Hospital" means an institution specializing in giving clinical, temporary, and emergency services of a
medical or surgical nature to human patients and licensed by state law to provide facilities and services in
surgery, obstetrics and general medical practice, as distinguished from treatment of mental and nervous
disorders, but not excluding surgical and post-surgical treatment of mental cases. Nursing homes and
convalescent homes are not included.
17.08.570 - Hospital, animal
'Animal hospital" means a place where livestock or pets are given medical or surgical treatment. Use of a
kennel shall be limited to short time boarding and shall only be incidental to such hospital use.
17.08.580 - Hospital, mental
"Mental hospital" means an institution licensed by state agencies under the provisions of law to offer
facilities, care and treatment of cases of mental and nervous disorders.
17.08.590 — Hotel
"Hotel" means a building in which lodging, with or without meals, is provided and offered to the public for
compensation, and which is open to transient guests. Hotels include motels and automobile courts, but do
not include group dwellings as defined herein.
17.08.600 - Industrial district
"Industrial district" means any LI or HI district.
17.08.610—Junkyard
"Junkyard" means the use of any premises whether inside or outside of a building for the storage, keeping
or abandonment of junk, including scrap metals, rags, paper, or other scrap material and equipment for
dismantling, demolition or storage of unlicensed or abandoned automobiles or other vehicles, or machinery
or parts thereof.
17.08.620 - Jurisdictional area
"Jurisdictional area" means the area included within the incorporated areas of the City of Laurel.
17.08.630 - Kennel, commercial
"Commercial kennel" means a place where dogs or cats other than those owned by the kennel owner are
kept and boarded for any period in excess of twenty-four hours. Female dogs or cats bred for the sole
purpose of the sale of puppies or kittens for profit and female dogs or cats numbering more than two
constitute a commercial kennel.
17.08.640 - Kennel, noncommercial
"Noncommercial kennel" means a kennel at, in or adjoining a private residence where hunting dogs or other
dogs or cats are kept for the hobby of the householder in using them in shows or field or obedience trials
or for the guarding or protecting the householder's property. The occasional raising of a litter of puppies or
kittens at the kennel should not change the character of residential property (no more than one lifter of
puppies or kittens shall be allowed in a calendar). In residential districts each household shall not possess
more than two adult dogs or cats (an adult dog or cat is herein defined as any dog or cat over the age of
twelve months).
17.08.670 — Lot
"Lot" when used alone, means, unless the context clearly indicates otherwise, "zoning lot" as defined in this
title.
17.08.680 - Lot, corner
"Corner lot" means a zoning lot at the junction of and abutting on two or more intersecting streets when the
interior angle of intersection does not exceed one hundred thirty-five degrees. Any zoning lot adjoining a
curved street at a point where the street boundary described an arc subtended by an angle of one hundred
thirty-five degrees or less, shall be considered a "corner lot. "
17.08.690 - Lot depth
"Lot depth" means the mean horizontal distance between the front and rear lot lines, measured in the
general direction of the side lot lines.
17.08.700 - Lot, interior
"Interior lot" means a zoning lot other than a corner lot.
17.08.710 - Lot Brae, rear
"Rear lot line" means the lot line generally opposite or parallel to the front street line. If a rear lot line is less
than ten feet long, or the lot comes to a point at the rear, the rear lot line is assumed to be a line at least
ten feet long, lying wholly within the lot, parallel to the front street line or, if the front street line is curbed,
parallel to the chord of the arc of the front street line.
"Record lot" means land designated as a separate and distinct parcel on a legally recorded subdivision plat
or in a legally recorded deed filed in the records of Yellowstone County, Montana.
17.08.730 - Lot width
"Lot width" means the average width of the lot.
"Zoning lot" means a tract of land occupied or to be occupied by a principal building and its accessory
buildings, together with such open spaces and yards as are required under the provisions of this title, having
not less than the minimum area required by this title for a zoning lot in the district in which such land is
situated and having its principal frontage on a street or a permanent, exclusive, unobstructed easement of
access or right-of-way to a street, not less than twenty feet wide. A "zoning lot" need not necessarily
coincide with a "record lot" as herein defined.
17.08.750 — Marquee
"Marquee" means a fixed shelter used only as a roof and extending beyond a building line and which is
entirely supported by the building to which it is attached.
17.08.760 - Medical marijuana cultivation facility or
cultivation facility
"Medical marijuana cultivation facility" or "cultivation facility" shall mean a building, structure or premises
used for the cultivation or storage of medical marijuana that is physically separate and off site from any
medical marijuana dispensary and that is designated as part of the premises of a medical marijuana
dispensary licensed pursuant to Title 5, Chapter 5.70 of the Laurel Municipal Code. The city shall not license
a medical marijuana cultivation facility or cultivation facility within one thousand feet of any private or public
preschool, elementary, secondary, vocational or trade school, any childcare center, place of worship or
religious assembly, any public or private park, pool, playground or recreational facility, any juvenile or adult
halfway house, correctional facility, or substance abuse rehabilitation or treatment center as provided in
Title 5, Chapter 5.70.050.
17.08.761 - Medical marijuana dispensary or
dispensary
"Medical marijuana dispensary" or "dispensary" shall mean a property or structure used to sell, distribute,
transmit, give, dispense, or otherwise provide marijuana in any manner to patients or primary caregivers
pursuant to the authority contained in MCA § 50-46-101 et. seq. and the implementing of administrative
regulations promulgated thereto. The city shall not license a medical marijuana dispensary facility or
dispensary facility within one thousand feet of any private or public preschool, elementary, secondary,
vocational or trade school, any childcare center, place of worship orreligious assembly, any public or private
park, pool, playground or recreational facility, any juvenile or adult halfway house, correctional facility, or
substance abuse rehabilitation or treatment center as provided in Title 5, Chapter 5.70.050.
17.08.762 - Mobile home
See "Manufactured home parks, travel trailer parks and individual manufactured homes.
17.08.763 - Manufactured home parks, travel trailer
parks and individual manufactured homes
The following definitions shall be utilized in determining the appropriate classification of manufactured
homes, modular homes and travel trailers:
1. "Manufactured home" means a dwelling unit that: (a) is not constructed in accordance with the
standards set forth in the Uniform Building Code, applicable to site -built homes; and (b) is
composed of one or more components, each of which was substantially assembled in a
manufacturing plant and designed to be transported to the home site on its own chassis; and (c)
exceeds forty feet in length and eight feet in width.
2. Manufactured Home, Class A. "Class A manufactured home" means a manufactured home
constructed after June 15, 1976, that meets or exceeds the construction standards promulgated by
the U.S. Department of Housing and Urban Development that were in effect at the time of
construction and that satisfies each of the following additional criteria:
a. The roof is finished with a type of shingle that is commonly used in standard residential
construction; and
b. The standard siding consists of wood, hardboard or aluminum (vinyl covered or painted,
but in no case exceeding the reflectivity of gloss white paint) comparable in composition,
appearance and durability to the exterior siding commonly used in standard residential
construction; and
c. A continuous, permanent masonry foundation, unpierced except for required ventilation
and access, is installed under the home; and
d. The tongue, axles, transporting lights and removable towing apparatus are removed after
placement on the lot and before occupancy.
3. Manufactured Home, Class B. "Class B manufactured home" means a manufactured home
constructed after June 15, 1976, that meets or exceeds the construction standards promulgated by
the U.S. Department of Housing and Urban Development that were in effect at the time of
construction but that does not satisfy the criteria necessary to qualify the house as a Class A
manufactured home.
4. Manufactured Home, Class C. "Class C manufactured home" means any manufactured home that
does not meet the definitional criteria of a Class A or Class B manufactured home.
5. "Manufactured home park" means aresidential use inwhich more than one manufactured home is
located onasingle lot.
8. "Modular home" means edwelling unit constructed inaccordance with the standards set forth in
the Uniform Building Codo, applicable to site -built homnes, and composed of components
substantially assembled in e manufacturing plant and transported to the building site for final
assembly on a permanent foundation. Among other possibilities, a modular home may consist of
two sections transported to the site in a manner similar to a manufactured home (except that the
modular home meets the Uniform Building Code Standards applicable to site -built homes), or a
series of panels or room sections transported on a truck and erected or joined together on the site.
"Motel" nnomno o group ofattached or detached buildings containing individual sleeping units where o
majority ofsuch units open individually and directly tothe outside, andvWheneagen*geioetbaohedbnorm
parking space is conveniently located at each unit, all for the temporary use by automobile tourist or
transient, and such word shall include tourist courts, motor courts, automobile courts and motor lodges.
17.08.780 - Motor vehicle parts salvage yard
"Motor vehicle parts salvage yard" means the use of not more than fifty percent of the premises of a motor
vehicle repair garage or motor vehicle body repair shop for the storage of motor vehicles for dismantling
and sale of used parts thereof.
17.08.700 - Nonconforming use
The use of a building or other structure or of a tract of land which does not conform to the use or regulations
of this title for the district in which it is located, either at the effective date of the ordinance codified in this
title, or as a result of subsequent amendments which may be incorporated into this title.
17.08.800 - Off-street pari„ing space
"Off-street parking space” means an off-street area for parking of one motor vehicle having an all-weather
surface, shall have a width of not less than twelve feet when directly connected to a driveway approach; in
all other instances the width shall be not less than ten feet; in both instances the length shall be not less
than twenty feet. Easy access to a street shall be provided by a driveway having an all-weather surface.
17.08.810 - Parking lot
"Parking lot" means any land legally used for the parking of motor vehicles.
17.08.820 - Residential district
"Residential district" means any RE, R-7500, R-6000, RLMF, PUD, RMH, or RP district.
17.08.830 - Outdoor advertising display
"Outdoor advertising display" means card, cloth, paper and metal painted signs, wooden, plaster, stone or
other sign of any kind or character whatsoever placed for outdoor advertising purposes on the ground or
on any tree, wall, bush, rock, post, fence, building, structure or thing whatsoever. The term "placed" as used
in the definition of "outdoor advertising sign" and "outdoor advertising structure" shall include erecting,
construction, posting, painting, printing, tacking, nailing, gluing, sticking, carving, or otherwise fastening,
affixing, or making visible in any manner whatsoever. See also definition for "sign."
17.08.850 - Planning board
"Planning board" means the Laurel -Yellowstone city -county planning board as authorized under the
provisions of 76-1-101 to 76-1-606, MCA 1979.
17.08.860 - Planning director
"Planning director" means the individual appointed by the chief executive in accordance with 76-1-
306(1)(3), MCA, 1979, and whose duties and responsibilities shall include, directing the planning and
administrative activities of the planning department serving as the technical adviser to the planning board,
zoning commission, board of adjustment and city council.
17.08.870 - Planned unit development
'Planned unit development' means a land development project consisting of residential clusters, industrial
parks, shopping centers, office building parks, or any combination thereof which compromises a planned
mixture of land uses built in a prearranged relationship to each other and having open space and community
facilities in common ownership or use.
17.08.875 - Post -secondary school
'Post -secondary school' means a community college, a unit of the Montana University System, or a private
university or college.
17.08.877 — Preschool
'Preschool' means a place or facility that provides, on a regular basis and as its primary purpose,
educational instruction designed for children five years of age or younger and that: (a) serves no child under
five years of age for more than three hours a day, • and (b) serves no child five years of age for more than
six hours a day. See also "Childcare facilities" of this chapter.
17.08.880 - Principal use
"Principal use" means the primary or predominant use to which the property is or may be devoted, and to
which all other uses on the premises are accessory.
17.08.890 - Public use zone
"Public use zone" means a separate zone intended to reserve land for public and semipublic uses.
17.08.900 - Public utility
"Public utility" means a private business, performing a public service and subject to special governmental
regulations, or a governmental agency performing similar public services, the services by either or which
are paid for directly by the recipients thereof. Such services shall include but are not limited to, water supply,
electric power, gas and transportation for persons and freight.
17.08.910 - Recreational area, commercial
"Commercial recreational area" means an area operated for profit and devoted to facilities and equipment
for recreational purposes, including swimming pools, tennis courts, skiing, horseback riding, playgrounds,
and other similar uses, whether the use of such area is limited to private membership or whether open to
the public upon the payment of a fee or service charge.
17.08.920 - Recreational area, noncommercial
"Noncommercial recreational area" means an area devoted to facilities and equipment for recreational
purposes, swimming pools, tennis courts, playgrounds, community club houses and other similar uses
maintained and operated by a nonprofit club, homeowners association or other corporate structure and
whose membership is limited to the residents within the area.
17.08.950 - Row housing
"Row housing" means a building which has not less than three one -family dwelling units erected in a row
as a single building on adjoining lots, each being separated from the adjoining unit or units by an approved
masonry party wall or walls extended from the basement or cellar floor to the roof along the dividing lot line;
and each such building being separated from any other building by space on all sides.
17.08.960 - Salvage yards
See "motor vehicle parts salvage yards."
17.08.970 — Sanitarium
"Sanitarium" means a facility where resident patients are kept, and which specializes in giving clinical,
temporary and emergency services of medical or surgical nature to human patients and licensed by the
state to provide facilities and services in surgery, obstetrics and general medical practice.
17.08.980 — School
"School" means a place or institution for the teaching of individuals, the curriculum of which is composed
of the work of any combination of kindergarten through grade twelve, a post -secondary school or a
preschool.
17.08.990 - School, commercial
"Commercial school" means a building where instruction is given to pupils in arts, crafts, or trades, and
operated as a commercial enterprise as distinguished from schools endowed and/or supported by taxation.
17.08.1010 - Secondhand store
"Secondhand store "means a retail establishment in which the principal portion of the articles, commodities,
or merchandise handled, offered for sale, or sold on the premises is used or not new. Antique stores are
exempt.
17.08.1020 - Service station, automobile gasoline
and motor fuels
"Service station, automobile gasoline and motor fuels" means a use which provides for drive-in type
business in which service can be provided without a customer leaving the vehicle. It may also include the
following:
A. The servicing of motor vehicles and operations incidental thereto but not necessarily limited to the
retail sale of petroleum products and automotive accessories, automobile waxing and polishing, tire
changing and repairing (excluding recapping), battery service, charging and replacement, excluding
repair and rebuilding, radiator cleaning and flushing, excluding steam cleaning and repair, and
installation of accessories.
B. The following operations, if conducted within a building. Lubrication of motor vehicles, brake servicing
limited to servicing and replacement of brake cylinders, lines and brake shoes, wheel balancing, the
testing, adjustment, and replacement or servicing of carburetors, coils, condensers, distributor caps,
fan belts, filters, generators, points, rotors, spark plugs, voltage regulators, water and fuel pumps,
water hoses and wiring, replacing mufflers and shock absorbers.
17.08.1030 — Sign
"Sign" means any device intended for visual communication that is used for the purpose of bringing the
subject thereof to the attention of the public, provided, however, that the following shall not be included in
the application of the regulations herein:
A. Signs not exceeding one square foot in area and bearing only property numbers, post box numbers,
names of occupants of premises, or other identification of premises not having commercial
connotations.
B. Flags and insignias of any government except when displayed in connection with commercial
promotion.
C. Legal notices, identification, information, or directional signs erected or required by governmental
bodies.
D. Integral decorative or architectural features of buildings, except letters, trademarks, moving parts,
or moving lights.
E. Signs directing and guiding traffic and parking on private property but bearing no advertising matter.
F. Real estate "For Sale" signs ten sq. feet or less in size.
G. Package containers, designed for the purpose of holding letters, parcel post, packages, and
delivery service orders.
H. Temporary political campaign signs.
17.08.1040 - Stable, private
"Private stable" means a detached accessory building in which animals are kept entirely for the use of the
owner or members of the immediate family.
17.08.1050 - Stable, nonprofit, or commercial
"Nonprofit or commercial stable" means a structure and customary accessory buildings owned and
operated by a nonprofit association or club conducted for the exclusive use of its members or guests; or a
structure and customary accessory buildings operated for the boarding, rental, or sale of horses and other
animals, and otherwise used by the general public.
17.08.1060 — Story
"Story" means that portion of a building included between the surface of any floor and the surface of the
floor next above it, or if there be no floor above it, then the space between the floor and the ceiling next
above it. A basement shall be counted as a story if its ceiling is more than five feet above the level from
which the height of the building is measured.
17.08.1070 - Story, half
"Half story" means a story with at least two opposite exterior sides meeting at a sloping roof not more than
two feet above the floor of such story.
"Street" means a public thoroughfare which affords principal means of access to abutting property.
17.08.1090 - Structural a0teration
"Structural alteration" means any change in the supporting members of a building, such as bearing walls or
partitions, columns, beams or girders, or any structural change in the roof, or dimension of the rooms
therein.
`i 7 . 03.1100 — StrLl CtU re
"Structure" means anything constructed or erected, which requires location on the ground or is attached to
something having a location on the ground, including but not limited to buildings, advertising signs,
billboards, and poster panels; but not including customary fences or boundary or retaining walls.
0 - Theater, drive-in
"Drive-in theater" means an establishment to provide entertainment through projection of motion pictures
on an outdoor screen for audiences whose seating accommodations are provided by their own motor
vehicles parked in car spaces provided on the same site with the outdoor screen.
See "Manufactured home parks, travel trailer parks and individual manufactured homes."
17.08.1130 - Travel trailer
"Travel trailer" means a portable structure built on a chassis, designed to be used as a temporary dwelling
for travel, recreational and vacation use. When factory- equipped for the road, it shall have a maximum
dimension of eight by thirty-two feet.
17.08.1160 — International Building Code
"International building codes" means the currently adopted set of regulations in effect concerning building
in the city, as defined in Section 17.08.160 of this chapter, and as utilized in the zoning jurisdiction of the
city and in that area around Laurel in which Laurel enforces the building code.
17.08.1170 — Use
"Use" means the term referring to:
A. Any purpose for which buildings, other structures or land may be arranged, designed, intended,
maintained, or occupied; and
B. Any occupation, business, activity, or operation carried on (or intended to be carried on) in a
building or other structure or on land; or
C. The name of a building, other structure or tract of land which indicates the purpose for which it is
arranged, designed, intended, maintained, or occupied.
17.08.1180 - Usable open space
"Usable open space" means space on the same lot and contiguous to the principal building or buildings
and which is either landscaped or developed and maintained for recreational purposes and excludes that
portion of the lot which is utilized for off-street parking or loading space or for front yard setback
requirements.
17.08.1190 - Uses permitted
"Uses permitted" means any use permitted by the regulations of this title. The term "permitted use" or its
equivalent shall not be deemed to include any nonconforming use.
17.08.1200 — Variance
"Variance" means an adjustment in the application of the specific regulations of this title to a particular piece
of property which property, because of special circumstances applicable to it, is deprived of privileges
commonly enjoyed by other properties in the same vicinity or zone.
17.08.1210 - Yard, front
"Front yard" means a yard extending across the full width of the lot and lying between the front line of the
lot and the nearest line of the principal building.
17.08.1220 - Yard, rear
"Rear yard" means a yard extending across the full width of the lot and lying between the rear line of the lot
and the nearest line of the principal building.
17.08.1230 - Yard, side
"Side yard" means a yard between the sideline of the lot and the nearest line of the principal building and
extending from the front yard to the rear yard, or, in the absence of either side yards, is a front or rear lot
line, respectively, no case being closer than four feet. The first two feet of the overhang shall not be
subtracted from the allowable side yard spacing; provided that the overhang is not closer than four feet to
the property line.
i,,���������ill,������l,��'l����ll''�����l����''lI
"Yard" means an open space of uniform width or depth on the same zoning lot with a building or group of
buildings, which open space lies between the buildings or group of buildings and the nearest lot line and is
unoccupied and unobstructed, from the ground upward except as may be specifically provided in this title.
In measuring a yard, the line of a building shall be deemed to mean a line parallel to the nearest lot line
drawn through the point of a building or group of buildings nearest to such lot line, exclusive of such features
specified as not to be considered in measuring yard dimensions or as being permitted to extend into a yard,
and the measurements shall be taken at right angles from the line to the building to the nearest lot line.
Chapter 17.12 — Zoning Districts
Established
MIM , M-11 M W�
ft is the intent of this chapter to establish zones wherein compatible uses of land may be located to create,
protect, and maintain a desirable living environment, to stabilize and protect residential harmony and to
conduct a profitable business. it is also the intent of this chapter to make it possible to efficiently and
economically design and install public facilities in terms of size and capacity to adequately meet the needs
resulting from a defined intensity of land use.
In order to carry out the provisions of this title, the city and other areas so authorized by the county
commissioners or state statute, is divided into the following zoning districts in which the erection,
construction, alteration, reconstruction, repair or use of buildings, structures, and land shall be regulated
and restricted. The regulations in each district shall be uniform throughout each district but may differ from
those in other districts. The districts are designated as follows:
A.
R-7500 — Residential -7500.
B.
R-6000 — Residential -6000.
C.
RLMF — Residential Light Multifamily.
D.
RMF
— Residential Multifamily.
E.
RMH
— Residential Manufactured Home.
F.
PUD
— Planned Unit Development.
G.
RP —
Residential Professional.
H.
NC —
Neighborhood Commercial.
1.
CBD
— Central Business District.
J.
CC —
Community Commercial.
K.
HC —
Highway Commercial.
L.
Ll —
Light Industrial.
M.
HI —
Heavy Industrial.
N.
FP —
Floodplain.
O.
P — Public.
17.12.050 - Residential -7500 District (R-7500)
The residential -7500 zone is intended to provide an area for medium, urban -density, single-family, and
duplex residential environment on lots that are served by a public sewer and sewer system.
17.12.060 - Residential -6000 District (R-6000)
The residential -6000 zone is intended to promote an area for a high, urban -density, duplex residential
environment on lots that are usually served by a public water and sewer system.
17.12.070 - Residential Light Multifamily District
(RLMF)
The residential light multifamily zone is intended to provide a suitable residential environment for medium
density (up to a fourplex) residential dwellings. The area is usually served by a public water and sewer
system.
17.12.080 - Residential Multifamily District (RMF)
The residential multifamily zone is intended to provide a suitable residential environment for medium to high
density residential dwellings; and to establish, where possible, a buffer between residential and commercial
zones.
17.12.090 - Residential Manufactured Home District
(RMH)
The residential manufactured home zone is intended to provide a suitable residential environment for
individual manufactured homes, manufactured home parks, and competitive accessory uses.
17.12.100 - Planned Unit Development District (PUD)
The planned unit development zone is intended to provide a district in which the use of the land is for the
development of residential and commercial purposes, as an integrated unit.
17.12.110 - Residential Professional District (RP)
The residential professional zone is intended to permit professional, and semiprofessional uses compatible
with surrounding residential development.
17.12.120 - Neighborhood Commercial District (NC)
The neighborhood commercial zone is intended to accommodate shopping facilities consisting of
convenience retail and personal service establishments which secure their principal trade by supplying the
daily needs of the population residing within a one-half mile radius of such neighborhood facilities. The
location and quantity of land within the NC zone should be a business island not more than four acres in
size and that no business frontage should extend more than six hundred feet along any street.
17.12.130 - Central Business District (CSOD)
The central business district classification is intended to primarily accommodate stores, hotels,
governmental and cultural centers, and service establishments at the central focal point of the city's
transportation system.
17.12.140 - Community Commercial District (CC)
The community commercial classification is primarily to accommodate community retail, service and office
facilities offering a greater variety than would normally be found in a neighborhood or convenience retail
development. Facilities within the classification will generally serve an area within a one and one-half mile
radius and are commensurate with the purchasing power and needs of the present and potential population
within the trade area. It is intended that these business facilities be provided in business corridors or islands
rather than a strip development along arterials.
17.12.150 - Highway Commercial District (HC)
The purpose of the highway commercial district is to provide areas for commercial and service enterprises
which are intended primarily to serve the needs of the tourist, traveler, recreationist, or the general traveling
public. Areas designated as highway commercial should be located in the vicinity of, and accessible from
freeway interchanges, intersections in limited access highways, or adjacent to primary or secondary
highways. The manner in which the services and commercial activities are offered should be carefully
planned in order to minimize the hazard to the safety of the surrounding community and those who use
such services; and to prevent long strips of commercially zoned property..
17.12.160 - Light industrial District (LI)
A light industrial classification is intended primarily to accommodate a variety of business warehouse and
light industrial uses related to wholesale plus other business and light industries not compatible with other
commercial zones, but which need not be restricted in industrial or general commercial zones, and to
provide locations directly accessible to arterial and other transportation systems where they can
conveniently serve the business and industrial center of the city and surrounding area.
17.12.170 - Heavy industrial District (HI)
A district intended to accommodate manufacturing, processing, fabrication, and assembly of materials and
products. Areas designated as heavy industry should have access to two or more major transportation
routes, and such sites should have adjacent space for parking and loading facilities.
17.12.200 - Public District (P)
The public zone is intended to reserve land exclusively for public and semipublic uses in order to preserve
and provide adequate land for a variety of community facilities which serve the public health, safety and
general welfare.
17.12.210 - District boundaries and zoning map
The location and boundaries of districts established in the city are shown on the official zoning map of the
city. This map is entitled "Zoning Map of the City of Laurel, Montana," and is on file in the office of the city
clerk -treasurer. This map is hereby made a part of this chapter. This map shall reflect the ordinances
adopted prior to this date and all ordinances adopted after this date relating to the boundaries of zoning
districts. The city engineer shall show changes upon the official zoning map of the city in accordance with
such ordinances as they are from time to time enacted.
17.12.220 - Interpretation of district boundaries
Where uncertainties exist as to the boundaries of the various districts as shown on the zoning map
accompanying and made a part of this title, the following rules shall apply:
A. District boundary lines are intended to follow street, alley or lot lines, or lines parallel to or
perpendicular thereto, unless such district boundary lines are fixed by dimensions as shown on the
zoning map.
B. Where district boundaries are indicated as approximately following street or alley lines or proposed
street or alley lines, such lines shall be construed to be such boundaries.
C. Where district boundaries are so indicated that they approximately follow lot lines and are not more
than ten feet distant therefrom, such lot lines shall be such boundaries.
D. Where land within the city limits is not subdivided into lots and blocks or where district boundary
lines are not approximately street, alley, or lot lines, the district boundary lines on the zoning map
shall be determined by the scale shown on such map, and where uncertainty exists, the district
boundary line shall be determined by the zoning commission by written decision. If land within the
city limits has been or is subsequently subdivided into lots and blocks by a duly recorded
subdivision map and the lot and block arrangement does not conform to that anticipated when the
district boundaries were established, or property is re -subdivided by a duly recorded subdivision
map into a different arrangement of lots and blocks than shown on the zoning map, the zoning
commission, after notice to the property affected thereby and a public hearing, may interpret the
zoning map and make minor readjustments in the district boundaries in such a way as to carry out
the intent and purpose of these regulations and conform to the street and lot layout of the ground.
Such interpretations or adjustments shall be by written decision, and thereafter the copies of the
zoning map in the office of the city building inspector shall be changed to conform thereto.
E. Any street, alley or railroad right-of-way, watercourse, channel, or body of water, included in the
zoning map shall, unless otherwise indicated, be included in the zoning district of adjoining property
on either side thereof. Where such a street, alley, right-of-way, watercourse, channel, or body of
water serves as a boundary between two or more different zoning districts, a line midway in such
street, alley, right-of-way, watercourse, channel or body of water, and extending in the general
direction of the long dimension thereof shall be considered the boundary between zones. If a
dedicated street or alley shown on the zoning map is vacated by ordinance, the property formerly
in the street or alley shall be included within the zone of the adjoining property on either side of the
vacated street or alley. In the event the street or alley was a zone boundary between two or more
different zones, the new zone boundary shall be the former center line of the vacated street or alley.
F. All land or territory annexed to the city after the date of adoption of this section shall immediately
become classified as an R-7500 residential district and the zoning map shall thereupon be
amended to indicate such land or territory in the R-7500 residential district without additional
procedure.
G. The hearing for annexation and zone change may be held at the same time.
Chapter 17.16 — Residential Districts
1 7.1 2.050 G Residential -7500 District (R-7500)
The residential -7500 zone is intended to provide an area for medium, urban -density, single-family,
residential environment on lots that are served by a public sewer and sewer system.
` 7.12.051 - Lisp of uses
The following Tables designate the Permitted, Conditional, and Dimensional Standards in the R-7500
District.
Accessory building or use
incidental to any permitted
residential use customarily
in connection with the
principal building and
located on the same land
parcel as the permitted use
Parks, playgrounds, playfields, and golf Automobile parking in
courses community center buildings— I.
operated by public agency, neighborhood, or ;
connection with a
homeowners' associations permitted residential use
Animals (see zoning district
description for specifics) Day care homes
Community residential
facilities serving eight or I Kennels (noncommercial)
fewer persons
Greenhouses for domestic
uses Home occupations
Churches and other places
of worship including parish
house and Sunday school
buildings
Schools, public elementary, junior, and
senior high schools
Boarding and lodging houses
Orphanages and charitable
institutions Convents and rectories
Schools, commercial
Public service installations
Bed and breakfast inn I Preschool
j Dwellings Single-family
Post -secondary school
Cemetery
Community residential
facilities serving nine or
more persons
Parking, public
Dimensional Standards R-7500
Minimum Iareaper dwelling
One unit
7,500
Two unit
N/A
Three unit
N/A
Four unit
N/A
Five unit
N/A
Six units and more
yard—setbackMinimum -.
from . .
N/A
Front
20
Side
5
Side adjacent to streets
20
Rear
5
Maximum height for all buildings
30
Maximum lot coverage (percentage)
30
Minimum district size (expressed in
acres)
2.07
I
max loft
Property line property lint?
Lot Coverage
30%
5 ft
side seti
minimum lot area 2: 7,500 square feet
minimum
5 ft
tear5etback
5ft
minitnum
20 ft
front setback
minimum
5 ft
rem setback
5 ft
side
loft
adjacent
to street
minimum
IYO, ft
front setback
Itit
17.12.060 - Residential -6000 District (R-6000)
The residential -6000 zone is intended to promote an area for a high, urban -density, duplex residential
environment on lots that are usually served by a public water and sewer system.
17.12.061 - List of uses
The following Tables designate the Permitted, Conditional, and Dimensional Standards in the R-6000
District.
Allowed Uses R-6000
Permitted
Accessory building or use
incidental to any permitted
Parks, playgrounds, playfields, and
residential use customarily in
golf courses community center
Automobile parking in connection
connection with the principal
buildings—operated by public
with a permitted residential use
building and located on the
agency, neighborhood, or
same land parcel as the
homeowners' associations
permitted use
Animals (see zoning district
Day care home
Community residential facilities
description for specifics)
serving eight or fewer persons
Dwellings Single-family
Kennels (noncommercial)
Dwellings Two-family
Home occupations
Greenhouses for domestic uses
Public service installations
Schools, public elementary,
Post -secondary school
junior and senior high schools
Conditional
Churches and other places of
worship including parish
Boarding and lodging houses
Cemetery
house and Sunday school
buildings
Orphanages and charitable
Convents and rectories
institutions
Bed and breakfast inn
Community residential facilities
Preschool
serving nine or more persons
Parking, public
Schools, commercial
Two unit
7,500
Three unit
N/A
Four unit
N/A
Five unit
N/A
Six units and more
yard—setbackMinimum
from . .
N/A
Front _
20
Side
5
Side adjacent to streets
20
Rear
5
Maximum height for all buildings
35
Maximum lot coverage (percentage)
30
Minimum district size (expressed in
acres)
2.07
Zoning Requirements - R 6,000
propertyline property line
Lot Coverage
30%
minimum lot area � 6,ow square feet
17.12.070 -
(RLM F)
Residential Light Multifamily District
The residential light multifamily zone is intended to provide a suitable residential environment for medium
density (up to a fourplex) residential dwellings. The area is usually served by a public water and sewer
system.
17.12.071 - List of uses
'Allowed Uses RLIVIF
Permitted
Accessory building or use
Parks, playgrounds, playhelds, and
Community residential facilities
incidental to any permitted
golf courses community center
serving eight or fewer persons
residential use customarily in
buildings—operated by public
connection with the principal
agency, neighborhood, or
building and located on the
homeowners' associations
same land parcel as the
permitted use
Animals (see zoning district
Automobile parking in connection
Dwellings Single-family
description for specifics)
with a permitted residential use
Day care home
Kennels (noncommercial)
Two-family
Greenhouses for domestic
Multifamily (limit 4-Plex)
Home occupations
uses
Schools, public elementary,
junior and senior high schools
Post -secondary school
Conditional
Bed and breakfast inn
Boarding and lodging houses
Cemetery
Orphanages and charitable
Convents and rectories
institutions
Post -secondary school
Preschool
Schools, commercial
Churches and other places of
worship including parish
Community residential facilities
house and Sunday school
serving nine or more persons
Parking, public
buildings
Public service installations
Day care center
Row Housing
Dimensional .. .
Minimum lot area per d��e-lling unit in square feet
One unit 6,000
Two unit
7,500
Three unit
8,500
Four unit
10,000
Five unit
N/A
Six units and more N/A
yard—setbackMinimum
from . .
FroniF
20
Side
5
Side adjacent to streets
20
Rear
5
Maximum height for all buildings
35
Maximum lot coverage (percentage)
40
Minimum district size (expressed in
acres)
2.07
property line property line
minimum 10t area a 6,000 square feet
17.12.080 - Residential Multifamily District (RMF)
The residential multifamily zone is intended to provide a suitable residential environment for medium to high
density residential dwellings, and to establish, where possible, a buffer between residential and commercial
zones.
17.12.081 - List of uses
'Allowed Uses RIVIF
Permitted
Accessory building or use
incidental to any permitted Parks, playgrounds, playfields, and
residential use customarily in golf courses community center
Schools, public elementary, junior,
connection with the principal buildings—operated by public
and senior high schools
building and located on the agency, neighborhood, or
same land parcel as the homeowners' associations
permitted use
Animals (see zoning district
Automobile parking in connection
Family day care home
description for specifics)
with a permitted residential use
Community residential facilities
Kennels (noncommercial)
Dwellings Single-family
serving eight or fewer persons
Greenhouses for domestic
Day care homes
Multifamily
uses
Post -secondary school
Two-family
Conditional
Home occupations
Bed and breakfast inn
Boarding and lodging houses
Cemetery
Orphanages and charitable
Convents and rectories
Day care Center
institutions
Public service installations
Schools, commercial
Community residential facilities
serving nine or more persons
Churches and other places of
worship including parish house and
Preschool
Sunday school buildings
Row Housing
Parking, public
Minimum •areaper dwellingunit in
square
One unit
6,000
Two unit
7,750
Three unit
9,500
Four unit
11,250
Five unit
13,000
Six units and more
Minimum yfirMle"fback requirements
from . .
Add 2,500 for each additional unit
(expressed in feet) and measured
20
Front
Side
5
Side adjacent to streets
20
Rear
5
Maximum height for all buildings
40
Maximum lot coverage (percentage)
45
Minimum district size (expressed in
acres)
2.07
Zoning Requirements - RMF
property line property line
Lot Coverage
45%
minimum lot area r c000 square feet
17.12.090 - Residential Manufactured Home District
(RMH)
The residential manufactured home zone is intended to provide a suitable residential environment for
individual manufactured homes, manufactured home parks, and competitive accessory uses.
17.12.091 - List of uses
Allowed
Permitted
-AAc—--- ---- ----
Accessory building or use
incidental to any permitted
Parks, playgrounds, playfields, and golf
residential use customarily in
courses community center buildings—
Schools, public elementary,
connection with the principal
operated by public agency, neighborhood,
Junior, and senior high
building and located on the
or homeowners' associations
schools
same land parcel as the
permitted use
Animals (see zoning district
Automobile parking in connection with a
Day care home
description for specifics)
permitted residential use
Home Occupations
Post -secondary school
Community residential facilities
Kennels (noncommercial)
Dwellings Single-family
serving eight or fewer persons
Greenhouses for domestic uses
Class A
Conditional
Class B
Class C
Bed and breakfast inn
Boarding and lodging houses
Day care center
Churches and other places of
Community residential facilities serving
worship including parish house
Schools, commercial
and Sunday school buildings
nine or more persons
Orphanages and charitable
Convents and rectories
institutions
Cemetery
Public service installations
Parking, public
Preschool
Minimum lot area per dwelling unit in
One unit
squa
6,000
Two unit
6,000
Three unit
6,000
Four unit
6,000
Five unit
6,000
Six units and more
yard—setbackMinimum
from . .
6,000
Front
10
Side
5
Side adjacent to streets
20
Rear
5
Maximum height for all buildings
30
Maximum lot coverage (percentage)
40
Minimum district size (expressed in
acres)
2.07
MMMMT
ipropmty I i I-,, e properq, linla
minimum I ot area ;t 6,000 square feet
Chapter 17.20 -Commercial-Industrial
Use Regulations
17.20.010 - Residential Professional District (RP)
The residential professional zone is intended to permit professional, and semiprofessional uses compatible
with surrounding residential development.
17.20.011 - List of uses
The following Table designates the Permitted and Conditional uses as governed by commercial —
industrial use regulations.
Allowed Uses Residential Professional RP
Permitted
Accessory buildings or uses
incidental and customary to a
Dwelling single and two
permitted residential use and
Communication Towers
family
located on the same parcel as
the permitted residential use
Class A, Class B Mobile Homes
Bed and breakfast inns
Hospital Animal
Home Occupation
Boarding and lodging houses
Day Care Home
Community residential facilities:
Nursing, homes, convalescent
Day Care Center
homes, orphanages, and
charitable institutions
Conditional
Class C: Row hosing
Preschool
Public utilities service
installations
On premise signs.
Churches and other places of worship
Ceramics Shop
including parish houses and Sunday school
Extractive Industries
building
Office building, professional
government and private office
buildings in which no activity is
Parking Public.
Photographic studios
carried on catering to retail trade
and no stock of goods is
maintained for sale.
Dimensional .. .
Zoning Requirements
Lot area requirements in square feet
Minimal Yard Requirements
NA
Front (a)
20
Side (b)
0
Side adjacent to street
10
Rear (b)
0
Maximum height for all buildings (c)
25
Maximum lot coverage in percent
50
Minimum district size (expressed in
acres)
2.07
The lot area and lot coverage
requirements for residential
development in commercial districts
shall be the same as RLMF
17.20.020 - Neighborhood Commercial District (NC)
The neighborhood commercial zone is intended to accommodate shopping facilities consisting of
convenience retail and personal service establishments which secure their principal trade by supplying the
daily needs of the population residing within a one-half mile radius of such neighborhood facilities. The
location and quantity of land within the NC zone should be a business island not more than four acres in
size and that no business frontage should extend more than six hundred feet along any street.
17.20.021 - List of uses
The following Table designates the Permitted and Conditional uses as governed by commercial
industrial use regulations.
Neighborhood
Commercial NC
Permiffed
Accessory buildings or uses
incidental and customary to a
Banks, savings and loan, commercial credit
permitted residential use and
Camera supply stores
located on the same parcel as
unions
the permitted residential use
Ambulance service
Bed and breakfast inns
Ceramics shop
Appliance - (household) sales
Bicycle sales and repair
Day Care Home
and service
Churches and other places
Automobile service station
Blueprinting and Photostatting
of worship including parish
houses and Sunday school
building
Bakery shops and
Boarding and lodging houses
Clinic, animal
confectioneries
Barber and beauty shops
Book and stationery store
Clinics, medical and dental
Clothing and apparel stores
Colleges or universities
Day Care Center
Communication towers
Construction contractors: Office
Furniture and home
(commercial)
furnishings, retail sales
Community residential facilities:
Nursing, homes, convalescent
homes, orphanages, and
charitable institutions
Drug stores
Dwellings: single-family Manufactured
Florist, retail sales
home
Two family
Multiple family
Food stores (retail only) -
NA
20
Side (b)
3000 sq. ft.
Hobby and toy stores
Hospitals (for the care of human patients)
Hospital, animal
Jewelry and watch sales
Laundries, steam pressing, drycleaning
Laundries, pick up stations
Maximum lot coverage in percent
and dyeing establishments in conjunction
with a retail service counter under 2500 sq.
ft. in size
Laundries, self-service coin
Libraries, museums, and art galleries
Lock and gunsmiths
operated
Mortuary
Music stores
Office building, professional
government and private
office buildings in which no
activity is carried on catering
to retail trade and no stock of
goods is maintained for sale
Office equipment, supplies and
Optician and optical supplies and sales
Paint and body shops
service
Paint and retail sales
Paint and retail sales
Pet shops
Photographic studios
Post -secondary school
Real estate office
School, commercial
Conditional
Sign: On premises
Home Occupations
Public utilities service
Class C: Row hosing
Preschool
installations
Commercial Recreation Area
Dkimensional Standards
Zoning Requirements
Lot area requirements in square feet
Minimal . Requirements
Front (a)
NA
20
Side (b)
0
Side adjacent to street
10
Rear (b)
0
Maximum height for all buildings (c)
25
Maximum lot coverage in percent
50
Minimum district size (expressed in
1 2.07
acres)
The lot area and lot coverage
requirements for residential
development in commercial districts
shall be the same as RLMF
C -NC Dimensional Standards Illustration
max25 ft
I
property line property line I
Lot coverage
50%
17.20.030 - Central Business District (CBD)
The central business district classfcation is intended to primarily accommodate stores, hotels,
governmental and cultural centers and service establishments at the central focal point of the city's
transportation system.
17.20.031 - List of uses
Allowed Uses Central Business District - CBD
Permitted
Accessory buildings or uses
Alcoholic beverages manufacturing and
incidental and customary to a
bottling. Less than 1,500 -gallon barrels per
Banks, savings and loan,
permitted residential use and
year
commercial credit unions
located on the same parcel as
the permitted residential use
Ambulance service
Retail Sales and Services
Wholesale Sales andServices
Automobile sales (new and
Bus passenger terminal
used)
Automobile service station
buildings local and cross
country
Automobile - commercial
Automobile and truck repair garage
Gambling establishments
parking enterprise
Churches and other places of worship
Hospitals (for the care of
Car wash - coin operated
including parish houses and Sunday school
human patients)
building
Clinic, animal
Commercial recreation areas
Libraries, museums, and art
galleries
Colleges or universities
Two family; Multiple family
Motorcycle sales and repair
Construction contractors: Office
Furriers, retail sales and storage
Pet shops
Dwellings: single-family
Laundries, self-service coin operated
Communication towers
(commercial)
Manufactured home Class A,
Lodges, clubs, fraternal and social
Office building, professional
Class B,
organizations provided that any such club
government, and private
establishment shall not be conducted
office buildings in which no
primarily for gain
activity is carried on catering
to retail trade and no stock of
goods is maintained for sale
Laundry, Dry Cleaners
Motels and motor courts
Radio and N broadcasting
.
Front (a)
NA
stations
Laundries, pick up stations
Office equipment, supplies and service
Post -secondary school
Mortuary
Public utilities service installations
Processing of previously
NA
Maximum lot coverage in percent
slaughtered meats,
Minimum district size (expressed in
2.07
including cutting, wrapping,
The lot area and lot coverage
and freezing by freezer and
requirements for residential
locker provisioners
School, commercial
Storage associated with Existing Business
Real estate office
Conditional
in CBD.
Alcoholic beverages manufacturing and
Manufactured home Class C:
bottling. 1,500 to 5,000 31 -gallon barrels
Cocktail lounge, restaurants,
Row hosing
per year
bars and taverns
Auction house
Restaurants (without the sale of alcoholic
Heliports
beverages)
Preschool
Sign: Off premises
Zoning Requirements
Lot area requirements in square feet.
Minimal Requirements
NA
.
Front (a)
NA
Side (b)
NA
Side adjacent to street
NA
Rear (b)
NA
Maximum height for all buildings (c)
NA
Maximum lot coverage in percent
NA
Minimum district size (expressed in
2.07
acres)
The lot area and lot coverage
requirements for residential
development in commercial districts
shall be the same as RLMF
No building, structure or premises shall be used for retail alcoholic beverage sales unless:
1. The lot or parcel of land so to be used has a street frontage of at least one hundred feet and
an average depth of at least one hundred feet.
2. A distance of Six hundred feet between property lines measured in a straight line is maintained
from any building that is primarily used as a church or school, or from a public park that
contains a children's playground or playfield.
a. Properties or establishments which are located in the Central Business District zoning
district are exempt from [sub]section 2.
b. Properties may be granted a waiver from the six -hundred -foot separation required in
subsection 2. if the governing body finds that a physical barrier exists between the
proposed use requiring the 6p4 foot separation. These barriers include, but are not
limited to, the following:
An arterial street with no existing or proposed signalized pedestrian crossing.
ii. A building or buildings that entirely obstruct the view between the separated
uses; and
iii. No direct physical access exists between the separate uses.
3. The applicant must provide the governing body with proof that the proposed property or
establishment meets one of the above-described physical barriers or that other types of
physical barriers exist that warrant the waiving of the six -hundred -foot separation.
I property line property line I
17.20.040 - Community Commercial District (CC)
The community commercial classification is primarily to accommodate community retail, service and office
facilities offering a greater variety than would normally be found in a neighborhood or convenience retail
development. Facilities within the classification will generally serve an area within a one and one-half mile
radius and are commensurate with the purchasing power and needs of the present and potential population
within the trade area. It is intended that these business facilities be provided in business corridors or islands
rather than a strip development along arterials.
17.20.041 - List of uses
Allowed.
Permifted
Accessory buildings or uses Alcoholic beverages manufacturing and
incidental and customary to a bottling. Less than 1,500 -gallon barrels per Banks, savings and loan,
permitted residential use and year commercial credit unions
located on the same parcel as
the permitted residential use
Ambulance service
Retail Sales and Services
Wholesale Sales and
Services
Automobile sales (new and
Bus passenger terminal
used)
Automobile service station
buildings local and cross
country
Automobile - commercial
Automobile and truck repair garage
Gambling establishments
parking enterprise
Churches and other places of worship
Hospitals (for the care of
Car wash - coin operated
including parish houses and Sunday school
human patients)
building
Clinic, animal
Commercial recreation areas
Libraries, museums, and art
galleries
Colleges or universities
Two family; Multiple family
Motorcycle sales and repair
Construction contractors: Office
Furriers, retail sales and storage
Pet shops
Dwellings: single-family
Laundries, self-service coin operated
Communication towers
(commercial)
Manufactured home Class A,
Lodges, clubs, fraternal and social
Office building, professional
Class B,
organizations provided that any such club
government, and private
establishment shall not be conducted
office buildings in which no
primarily for gain
activity is carried on catering
Dimensional Standards
to retail trade and no stock of
Lot area requirements in square feet,
except as noted, 20 acres
Minimal Yard Requirements
Front (a)
goods is maintained for sale
Laundry, Dry Cleaners
Motels and motor courts
Radio and TV broadcasting
10
Rear (b)
stations
Laundries, pick up stations
Office equipment, supplies and service
Post -secondary school
Mortuary
Public utilities service installations
Processing of previously
The lot area and lot coverage
requirements for residential
slaughtered meats,
including cutting, wrapping,
and freezing by freezer and
locker provisioners
School, commercial
Conditional
Storage associated with Existing Business.
Real estate office
Alcoholic beverages manufacturing and
Cocktail lounge, restaurants,
Camps, public
bottling. 1,500 to 5,000 31 -gallon barrels
bars, and taverns
per year
Assembly halls and stadium
Bakery products manufacturing
Drive-in restaurants
Auction house, excluding
Class A, Class B, Class C: Row hosing
Kennels - commercial
Hospital, animal
Sign: Off premises
Dimensional Standards
Zoning Requirements
Lot area requirements in square feet,
except as noted, 20 acres
Minimal Yard Requirements
Front (a)
NA
20
Side (b)
0
Side adjacent to street
10
Rear (b)
0
Maximum height for all buildings (c)
25
Maximum lot coverage in percent
50
Minimum district size (expressed in
acres)
2.07
The lot area and lot coverage
requirements for residential
development in commercial districts
shall be the same as RLMF
I
property line propertyline I
Lot coverage
50%
17.20.050 - Highway Commercial District (HC)
The purpose of the highway commercial district is to provide areas for commercial and service enterprises
which are intended primarily to serve the needs of the tourist, traveler, recreationist, or the general traveling
public. Areas designated as highway commercial should be located in the vicinity of, and accessible from
freeway interchanges, intersections in limited access highways, or adjacent to primary or secondary
highways. The manner in which the services and commercial activities are offered should be carefully
planned in order to minimize the hazard to the safety of the surrounding community and those who use
such services, and to prevent long strips of commercially zoned property.
17.20.051 - List of uses
Allowed.
Permitted
Accessory buildings or uses
Alcoholic beverages manufacturing and
incidental and customary to a
bottling. Less than 1,500 -gallon barrels per Banks, savings and loan,
permitted residential use and
year commercial credit unions
located on the same parcel as
the permitted residential use
Ambulance service
Retail Sales and Services
Wholesale Sales and
Services
Automobile sales (new and
Bus passenger terminal
used)
Automobile service station
buildings local and cross
country
Automobile - commercial
Automobile and truck repair garage
Gambling establishments
parking enterprise
Churches and other places of worship
Hospitals (for the care of
Car wash - coin operated
including parish houses and Sunday school
human patients)
building
Clinic, animal
Commercial recreation areas
Libraries, museums, and art
galleries
Colleges or universities
Two family; Multiple family
Motorcycle sales and repair
Construction contractors: Office
Furriers, retail sales and storage
Pet shops
Dwellings: single-family
Laundries, self-service coin operated
Communication towers
(commercial)
Manufactured home Class A,
Lodges, clubs, fraternal and social
Office building, professional
Class B,
organizations provided that any such club
government, and private
establishment shall not be conducted
office buildings in which no
primarily for gain
activity is carried on catering
to retail trade and no stock of
goods is maintained for sale
Laundry, Dry Cleaners
Motels and motor courts
Radio and TV broadcasting
stations
Laundries, pick up stations
Office equipment, supplies, and service
Post -secondary school
Mortuary
Public utilities service installations
Processing of previously
slaughtered meats,
including cutting, wrapping,
and freezing by freezer and
locker provisioners
School, commercial
Storage associated with Existing Business.
Real estate office
Fuel oil, gasoline and petroleum
Boat building and repair
Boat sales new and used
products bulk storage or sale
Gases or liquified petroleum
Paint and body shops
Truck terminals, repair shops, hauling and
gases in approved portable
storage yards
metal containers for storage
or sale
Tire recapping and retreading
Conditional
Trailer and recreational vehicle sales area
Alcoholic beverages manufacturing and
Construction contractors:
Commercial food products,
bottling. 1,500 to 5,000 31 -gallon barrels
Open storage of
storage, and packaging
per year
construction materials or
equipment
Assembly halls and stadium
Crematorium
Drive-in restaurants
Assembly of machines and
Cocktail lounge, restaurants, bars and
appliances from previously
taverns
Fertilizer wholesale sales
prepared parts
Food products manufacturing,
Grain elevators
Heliports
storage and processing
Hospital, animal
Laboratories for research and testing
Machine shops
Manufacturing - light
manufacturing not otherwise
Heavy manufacturing not otherwise
Meat processing - excluding
mentioned in which no
mentioned or blending or mixing plants
slaughter plants
excessive fumes, odors, smoke,
noise, or dust is created
Dimensional Standards
Prefabricated building
Meat processing - excluding
Metal fabrication
materials assembly and
slaughter plants
manufactures
Billboards
Sign: Off premises
Drive-in theaters
Travel trailer park (transient)
Wholesale and jobbing establishments
Woodworking shops,
0
Maximum height for all buildings (c)
millwork
Dimensional Standards
Zoning Requirements
Lot area requirements in square feet,
NA
except as noted, 20 acres
Minimal Requirements
.
Front (a)
20
Side (b)
0
Side adjacent to street
10
Rear (b)
0
Maximum height for all buildings (c)
45
Maximum lot coverage in percent
75
Minimum district size (expressed in
2.07
acres)
•lilill!l Till Millill qi I
0 ft
I
property line I
Lot coverage
759'
17.20.060 - Light Industrial District (LI)
Alight industrial classification is intended primarily to accommodate a variety of business warehouse and light industrial
uses related to wholesale plus other business and light industries not compatible with other commercial zones, but
which need not be restricted in industrial or general commercial zones, and to provide locations directly accessible to
arterial and other transportation systems where they can conveniently serve the business and industrial center of the
city and surrounding area.
17.20.061 - List of uses
AllowedLight-industrial
Permitted
Accessory buildings or uses
Alcoholic beverages manufacturing and
incidental and customary to a
bottling. 1,500 to 5,000 31 -gallon barrels
Banks, savings and loan,
permitted residential use and
per year.
commercial credit unions
located on the same parcel as
the permitted residential use
Ambulance service
Auction house, excluding
Barber and beauty shops
Antique store
Bakery products manufacturing
Bicycle sales and repair
Appliance - (household) sales
Bakery shops and confectioneries
Blueprinting and photo
and service
stating
Automobile sales (new and
Automobile service station
Boat building and repair
used)
Automobile - commercial
Automobile and truck repair garage
Boat sales new and used
parking enterprise
Boiler works (repair and
Book and stationery store
Bottling works
servicing)
Bowling alleys
Bus passenger terminal buildings local and
Bus repair and storage
cross country
terminals
Camera supply stores
Car washing and waxing
Car wash - coin operated
Churches and other places of worship
Ceramics shop
including parish houses and Sunday school
Clinic, animal
building
Clinics, medical and dental
Clothing and apparel stores
Cold storage
Commercial food products,
Concrete mixing plants and
storage, and packaging
Communication towers (commercial)
manufacturing of concrete
products
Construction contractors: Office
Construction contractors: Open storage of
Crematorium
construction materials or equipment
Creameries, dairy products
manufacturing
1 Department stores
i Drug stores
Restaurants (without the sale of
beverages)
Farm implements, sales and service
Feed and seed - farm and
i i
alcoholic
garden retail sales
�—F �Iizer�retail sales
Florist, wholesale sales
Florist, retail sales
Food stores (retail only)
Food stores (retail only) - 3000 sq. ft.
Frozen food lockers
Fuel oil, gasoline and petroleum
bulk storage or sale
rn
Pomace repair and cleaning
Furniture and home
furnishings,
products
1
retail sales
Gases or liquified petroleum
Furriers, retail sales and storage
Gambling establishments
gases in approved portable
metal containers for storage i
1 or sale
I Greenhouses
Hardware, appliance and electrical
Hobby and toy stores
supplies, retail sales
Hospital, animal
1 Hotels
irrigation equipment --iaia�s
and service
Janitor service
Jewelry and watch sales
Kennels - commercial
Laundries, steam pressing,
drycleaning and dyeing
Laboratories for research and
Laundries, steam and drycleaning plants
establishments in
testing
conjunction with a retail
service counter under 2500
sq. ft. in size
Laundries, pick up stations
Laundries, self-service coin operated
Libraries, museums, and art
galleries
Manufacturing light
manufacturing not otherwise
Lock and gunsmiths
Machine shops
mentioned in which no
excessive fumes, odors,
smoke, noise or dust is
created
Meat processing - excluding
Meat processing - excluding slaughter
Medical marijuana
cultivation facility or
slaughter plants
plants
cultivation facility
Medical marijuana dispensary
or dispensary
Motorcycle sales and repair
Mortuary
Office building, professional government
and private office buildings in which no
Office equipment, supplies
Music stores
activity is carried on catering to retail trade
and no stock of goods is maintained for
and service
sale
Optician and optical supplies
Paint and body shops
Paint and retail sales
and sales
Paint and retail sales
Pawn shops
Pet shops
Prefabricated building materials assembly
Printing, publishing,
Photographic studios
and manufactures
reproduction and lithography
Processing of previously
slaughtered meats, including
cutting, wrapping, and freezing
Public utilities service installations
Public utilities storage yard
by freezer and locker
provisioners
Radio and TV broadcasting
Radio and TV tower
Railroad yard
stations
Repair and servicing of
Real estate office
Rental service store and yard
industrial equipment and
machinery
Secondhand stores and/or
Sheet metal shops and processing
Shoe repair
antique store
Sign manufacturing, painting
Sign: On premises
Sporting goods sales
and maintenance
Taxi stands
Theaters, cinema, opera houses
Tire recapping and
retreading
Trailer and recreational vehicle
Truck terminals, repair shops, hauling and
Wholesale and jobbing
sales area
storage yards
establishments
Woodworking shops, millwork
Conditional
Assembly halls and stadium
Cocktail lounge, restaurants, bars, and
Drive-in restaurants
taverns
Assembly of machines and
Extractive industries - excavations of sand
appliances from previously
and gravel
Fertilizer wholesale sales
prepared parts
Food products manufacturing, storage, and
Garbage, offal and animal
Flour mills
processing
reduction or processing
Grain elevators
Hatcheries
Heliports
Heavy manufacturing not
Lumber yards, building materials, storage
otherwise mentioned or
and sales
Metal fabrication
blending or mixing plants
Billboards
Sign: Off premises
Storage, compartmentalized
storage for commercial rent
Storage and warehouse and Stone cutting, monuments manufacturing
yards and sales
imensional Standards
Zoning Requirements
Lot area requirements in square feet,
NA
except as noted, 20 acres
Minimal Yard Requirements
Front (a)
20
Side (b)
0
Side adjacent to street
10
Rear (b)
0
Maximum height for all buildings (c)
70
Maximum lot coverage in percent
75
Minimum district size (expressed in
2.07
acres)
C-1-1 Dimensional Standards Illustration
max7Oft
Iproperty line property line I
0 ft
rear setback
minimum
20 ft
front setback
0 ft
side setback
minimum
20 ft
front setback
Lot coverage
75%
17.20.070 - Heavy Industrial District (HI)
A district intended to accommodate manufacturing, processing, fabrication, and assembly of materials and
products. Areas designated as heavy industry should have access to two or more major transportation
routes, and such sites should have adjacent space for parking and loading facilities.
17.20.071 - List of uses
Heavy -industrial Uses Regulations
Permifted
Accessory buildings or uses
Alcoholic beverages manufacturing and
incidental and customary to a
bottling. 1,500 to 5,000 31 -gallon barrels
Boiler works (repair and
permitted residential use and
per year.
servicing)
located on the same parcel as
the permitted residential use
Ambulance service
Auction house, excluding
Bottling works
Automobile - commercial
Barber and beauty shops
Brick, tile or terra cotta
parking enterprise
manufacture
Automobile and truck repair
Boat building and repair
Bus repair and storage
garage
terminals
Automobile service station
Boat sales new and used
Cement, lime, and plastic
manufacture
Bakery products manufacturing
Boiler works (manufacturing servicing)
Chemical and allied
products manufacture
Churches and other places of
Commercial food products,
worship including parish houses
Coal or coke yard
and Sunday school building
storage and packaging
Communication towers
Concrete mixing plants and manufacturing
Construction contractors:
(commercial)
of concrete products
Office
Construction contractors: Open
storage of construction
Crematorium
Creameries, dairy products
materials or equipment
manufacturing
Creosote manufacturing or
Dry kiln
Farm implements, sales,
treatment plants
and service
Fertilizer wholesale sales
Food products manufacturing, storage, and
Foundry
processing
Fuel oil, gasoline and petroleum
Furnace repair and cleaning
Gases or liquified petroleum
products bulk storage or sale
gases in approved portable
metal containers for storage
or sale
Grain elevators
Greenhouses
Hospitals (for the care of
human patients)
Hospital, animal
Irrigation equipment sales and service
Laboratories for research
and testing
Laundries, steam and
Lumber yards, building materials, storage
Machine shops
drycleaning plants
and sales
Office building, professional
government, and private
Medical marijuana cultivation
Metal fabrication
office buildings in which no
facility or cultivation facility
activity is carried on catering
to retail trade and no stock of
goods is maintained for sale
Optician and optical supplies
Oxygen manufacturing and/or storage
Paint and body shops
and sales
Prefabricated building
Paint and retail sales
Sawmills, wood product milling
materials assembly and
manufacture
Printing, publishing,
Processing of previously slaughtered
Public utilities service
reproduction and lithography
meats, including cutting, wrapping, and
installations
freezing by freezer and locker provisioners
Public utilities storage yard
Radio and TV broadcasting stations
Radio and TV tower
Railroad yard
Repair and servicing of industrial
Scrap yards - storage and
equipment and machinery
processing
Sheet metal shops and
Shoe repair
Sign manufacturing, painting
processing
and maintenance
Sign: On premises
Storage and warehouse and yards
Stone cutting, monuments
manufacturing and sales
Tire recapping and retreading
Truck terminals, repair shops, hauling and
Wholesale and jobbing
storage yards
establishments
Woodworking shops, millwork
Conditional
Feedlots
Automobile wrecking yard Fat rendering or production of fats and oils
Fertilizer manufacturing
Flour mills
Garbage and waste
incineration
Gas storage
Hatcheries
Heliports
Industrial chemical manufacture
Manufacturing - light manufacturing not
Zoning Requirements
Lot area requirements in square feet,
except highly corrosive,
otherwise mentioned in which no excessive
Meat processing, packing
flammable or toxic materials
fumes, odors, smoke, noise or dust is
and slaughter
Minimal Yard Requirements
created
Front (a)
Billboards
Sign: Off premises
Slaughterhouse
Storage, compartmentalized
Sugar and sugar beet refining
Rear (b)
storage for commercial rent
Maximum height for all buildings (c)
NA
Dimensional Standards
Zoning Requirements
Lot area requirements in square feet,
NA
except as noted, 20 acres
Minimal Yard Requirements
Front (a)
20
Side (b)
0
Side adjacent to street
10
Rear (b)
0
Maximum height for all buildings (c)
NA
Maximum lot coverage in percent
75
Minimum district size (expressed in
2.07
acres)
C -HI Dimensional Standards Illustration
Olw*
. . . . . . . . . . . . . . . . . .
Ipropertyline
Oft
property line I
NA max ft
fence
Lot coverage
75%
17.20.080 - Public District (P)
The public zone is intended to reserve land exclusively for public and semipublic uses in order to preserve
and provide adequate land for a variety of community facilities which serve public health, safety and general
welfare.
17.20.081 - List of uses
Allowed Uses Public - P
Permitted
Accessory buildings or uses
incidental and customary to a
Landfills - reclamation or
permitted residential use and
Swimming pools or beaches, public
sanitary
located on the same parcel as
the permitted residential use
Camps, public
Libraries, museums, and art galleries
Paint and retail sales
Colleges or universities
Post -secondary school
Jails and penal institutes
Commercial recreation areas
School, commercial
Water and sewage
treatment plant
Zoo, arboretum
Conditional
Assembly halls and stadium
Crematorium
Heliports
Office building, professional government
Assembly of machines and
and private office buildings in which no
appliances from previously
activity is carried on catering to retail trade
Paint and retail sales
prepared parts
and no stock of goods is maintained for
sale
Communication towers
Public utilities service installations
Public utilities storage yard
(commercial)
Radio and TV tower
except as noted, 20 acres
Minimal Yard Requirements
Front (a)
20
Side (b)
0
Side adjacent to street
10
Rear (b)
0
Maximum height for all buildings (c)
NA
Maximum lot coverage in percent
50
Minimum district size (expressed in
acres)
NA
mm'
I
I property line
w
propertyline I
mm
Lot coverage
50%
Chapter 17.21 — Telecommunications
Towers and Antennae*
This chapter is established to regulate the placement of telecommunications towers and antennae within
the Laurel zoning jurisdictional area (one mile outside the municipal limits).
I T 21.020 - Standards for amateur radio antenna support structures
A. Definitions. For the purposes of this chapter, the terms used shall be defined as follows:
i. "Amateur Radio Antenna" means a ground, building or tower -mounted antenna operated by a
federally licensed amateur radio operator as part of the Amateur Radio Service, 49 CFR § 97
and as designed by the Federal Communications Commission (FCC).
fl. "Amateur Radio Antenna Support Structure" means any structure or device specifically
designed, constructed andlor erected for the purpose of attaching, mounting or otherwise
affixing amateur radio antennae. The term includes the structure and any support thereto.
N. "Antenna Support Structure Height" means the vertical distance measured from the base of
the antenna support structure at grade to the highest point of the structure including any
attached antennae. If the support structure is on a sloped grade, then the average between the
highest and lowest grades shall be used in calculating the antenna height.
B. General Provisions. All amateur radio towers shall comply with the following
requirements., I.Amateur radio antenna support structures and antennae shall be located only
within the rear yard and shall not be placed within any required setback and shall be located so as
to minimize their impact on adjacent residential properties and adjacent rights-of-way while
maintaining acceptable signal qualfty, 2.Amateur radio antenna structures and antennae exceeding
six feet in height above grade (if ground -mounted) or above the roof or ridge of the building on
which they are located (if building -mounted), shall require a building permit if located within the
municipal limits of Laurel. If located within one mile of such municipal limits, applicants must provide
evidence to the Laurel Code Enforcement Office that the device is adequately anchored, designed,
andlor constructed so as to safeguard the general public andlor adjacent property from damaged
in the event of failure of the device.3.1t is recommended that amateur radio antenna support
structures be designed, installed, and maintained so as to blend into the surrounding environment
through the use of color and alternative designs, except in instances where the color is dictated by
the Federal Aviation Administration (FAA). 4. In accordance with the FCCs preemptive ruling PRB 1,
101 FCC 2d 952 (1985), antenna support structures erected for the primary purpose of supporting
amateur radio antennae may exceed height limitations of the underlying zoning. 5.Affachments to
amateur radio antenna support structures, such as guy wires, shall not cross any property line or
any existing or proposed easement.6.No lighting shall be permitted on any amateur radio antenna
support structures except as mandated by the FAA. 7. No signage (other than required warning
signs) or displays of any type shag be permitted on any amateur radio antenna support structure.
C. Applicability. All amateur radio support structures and antennae located within the City of Laurel or
its surrounding zoning jurisdictional area whether upon private or public lands shall be subject to
this chapter. This chapter shall apply to amateur radio antenna support structures and antennae
upon state and federal lands to the extent of the city's jurisdiction by way of law, pursuant to any
memoranda of understanding or otherwise. Only the following facilities shall be exempted from the
application of this chapter. • Pre-existing amateur radio antenna support structures or antennae. Pre-
existing amateur radio antenna support structures and pre-existing amateur radio antennae shall
not be required to meet the requirements of this chapter, so long as said pre-existing antenna
support structures and antennae have received all required approvals, permits, and exceptions
prior to adoption of this chapter.
17.21.030 - Standards for wireless communications
facilities
A. Purpose. The purpose of this chapter is to establish regulations for the siting of antenna support
structures and antennae on public and private property. The goals of this section are to:
1. Encourage the location of antenna support structures in non-residential areas and minimize
the total number of antenna support structures throughout the community.
2. Strongly encourage the joint use of new and existing antenna support structures.
3. Require wireless communication facilities to be located, to the extent possible, in areas where
the adverse impact on the community is minimal.
4. Require wireless communication facilities to be configured in a way that minimizes the adverse
visual impact of the towers and antennae; and
5. Enhance the ability of the providers of wireless communication services to provide such
services to the community, as quickly, effectively, and efficiently as possible.
B. Definitions.
a. "Abandoned antenna support structures" means any antennae or antenna support
structures that are not utilized for the provision of wireless communications services for a
continuous period of six months shall be considered abandoned.
b. "Alternative antennae support structure" means an antenna support structure designed to
shield, conceal, or disguise the presence of antennae or towers and blend with the
surrounding setting. Alternative structures may include, but are not limited to, unobtrusive
architectural features on new or existing structures, utility poles, clock towers, flagpoles,
and church steeples.
c. 'Antenna" means any structure or device used for the purpose of collecting or transmitting
electromagnetic waves, including but not limited to directional antennae, such as panels,
microwaves dishes, and satellite dishes, and omni -directional antennae, such as whip
antennae but not including satellite earth stations.
d. 'Antenna support structure" means any structure or device specifically designed,
constructed and/or erected for the purpose of attaching, mounting, or otherwise affixing
antennae. Antenna support structures may include, but are not limited to, self-supporting
lattice towers, guyed towers, or monopole towers. The term also includes radio and
television transmission towers, microwave towers, common -carrier towers, cellular
telephone towers, alternative antenna support structures, and the like. The term includes
the structure and any support thereto. Land mobile radio and radio and television antenna
support structures are regulated under Section 17.21.040 of this chapter.
a. "Antenna support structure height" means the vertical distance measured from the base of
the antenna support structure at grade to the highest point of the structure including any
attached antennae. If the support structure is on a sloped grade, then the average between
the highest and lowest grades shag be used in calculating the antenna height. The height
of roof -mounted antenna support structure height of building on which they are mounted.
f "Antenna or Tower farm" means an antenna or tower farm is a tract of land that contains
no more than three antenna support structures within seven hundred fifty linear feet of each
other. No antenna support structures located in tower farms shag exceed one hundred
ninety-nine feet in height. Legal tracts must be adjacent to each other to be included in this
definition.
g. "Co -location" means the use of a wireless communications facility by more than one
wireless communications provider.
h. "Commercial wireless communication services" means licensed 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.
i. "Equipment enclosure" means a structure, shelter, cabinet, or vault used to house and
protect the electronic equipment necessary for processing wireless communication signals.
Associated equipment may include air conditioning, backup power supplies, and
emergency generators.
j. "Wireless communication facility" means an unstaffed facility for the transmission andlor
reception of radio frequency (RF), microwave or other signals for commercial
communications purposes, typically consisting of an equipment enclosure, an antenna
support structure and one or more antennae. Amateur radio, land mobile radio, and
commercial radio and television facilities are excluded from this definition.
k. "FAA" means the Federal Aviation Administration.
L "FCC" means the Federal Communication Commission.
C. Applicability. All wireless communication facilities located within the City of Laurel and its one -mile
zoning jurisdictional area whether upon private or public lands shall be subject to this chapter. This
chapter shall apply to wireless communication facilities upon state and federal lands to the extent
of the city's jurisdiction by way of law, pursuant to any memoranda of understanding or otherwise.
Only the following facilities shall be exempted from the application of this chapter.
1. Amateur radio stations and antenna support structures.
2. Antennae and antenna support structures for land mobile radio and radio and television.
3. Pre-existing antenna support structures or antennae. Pre-existing antenna support structures
and pre-existing antennae shag not be required to meet the requirements of this chapter, so
long as said pre-existing antenna support structures have received all required approvals,
permits, exceptions prior to adoption of this chapter.
D. Commercial Antenna Support Structures and Antennae Located in Residential Zoning Districts.
1. Antenna support structures and antennae shall be permitted as an allowed use in all residential
zoning districts provided, they meet all of the following criteria:
a. Alternative antenna support structures conforming to all applicable provisions of this
chapter and roof -mounted antennae that do not add more than twenty feet to the total
height of the building on which they are mounted shall be permitted as an allowed use
only when located on school, govemment-owned utility, and other government sites.
Proposed antennae or antenna support structures that are contrary to this section are subject to the
Conditional Use requirements of these zoning regulations. After the Conditional Use hearing and reaching
its decision, the city -county planning board shag forward its recommendations to the city council for its
decision.
b. Antennae co -located on existing or approved alternative antenna support structures or
existing or approved antenna support structures that have previously received all
required approvals and permits shall be permitted as an allowed use.
2. Antenna support structures and antennae shall be permitted in the Agricultural -Open Space
(AO) zoning district provided the following conditions and aft applicable setback, lot coverage,
and building (commercial equipment enclosures) height requirements are met:
a. Antenna support structures conforming to all applicable provisions of this ordinance
shall be permitted when:
(1) Located on school, government-owned utility, and government sites and alternative antenna
support structures for roof -mounted antenna are used. Proposed antennae or antenna support
structures that are contrary to this section are subject to the Conditional Use requirements of
Laurels Zoning Ordinance. After the Conditional Use hearing and reaching its decision, the city -
county planning board shall forward its recommendations to the city council for its decision.
(2) Antenna support structures fifty feet or less in height.
b. Antenna support structures that are greater than fifty feet in height shall be required to
obtain Conditional Use approval.
c. Antennae co -located on existing or approved alternative antenna support structures or
existing or approved antenna support structures that have previously received all
required approvals and permits shall be permitted as an allowed use.
d. Antennae or tower farms for antennae support structures fifty feet or less in height are
permitted by Conditional Use.
E. Commercial Antenna Support Structures and Antennae Located in Commercial Zoning Districts.
1. Alternative antenna support structures shall be permitted as an allowed use in all commercial
zoning districts.
2. Antenna support structures shall be permitted as an allowed use in all commercial zoning
districts when located on school, government-owned utility, and other government sites.
Proposed antennae or antenna support structures that are contrary to this section are subject
to the Conditional Use requirements of Laurel's Zoning Ordinance. After the Conditional Use
hearing and reaching its decision, city -county planning board shall forward its
recommendations to the city council for its decision.
3. Antennae co -located on existing alternative antenna support structures or existing antenna
support structures which have previously received all required approvals and permits shall be
permitted as an allowed use in all commercial zones.
4. Antenna support structures and antennae located in Residential Professional (RP) that do not
meet the requirements of preceding subsection E1, E2, and E3 shall be required to obtain
Conditional Use approval.
5. New antenna support structures shall not be erected in the Community Entryway Zone.
Antennae may be placed on existing antenna support structures and alternative antenna
support structures that have previously received all required approvals and permits and meet
the provision and requirements of this ordinance without obtaining permit zoning approval.
6. Antenna support structures and antennae located Neighborhood Commercial (NC), Highway
Commercial (HC), Light Industrial (Ll), Central Business District (CBD), Heavy Industrial (HI),
and Public (P) zoning districts shalt be permitted as an allowed use provided that the towers
meet the requirements subsections E1, E2, and E3, or.
q. Roof -mounted antenna that does not add more than twenty feet to the total height of the
building on which it is mounted shall be pennitted as an allowed use. (See additional
requirements for roof -mounted antenna in subsection (G)(10) of this section).
b. Antenna support structures fifty feet in height or less shall be permitted as an allowed use.
Antennae or tower farms for antennae support structures fifty feet or less in height are
permitted by Conditional Use.
c. Antenna support structures that are greater than fifty feet in height shall not be allowed in
the CBD or HC Zones.
F. Antenna Support Structures Located in Parks. The presence of certain wireless communication
facilities may conflict with the purpose of some city and county -owned parks. Wireless
communication facilities will be considered only following a recommendation by the city -county
planning board, the city parks committee, or the county board of park commissioners and approved
by the city council. Factors that will be considered include:
1. Public parks of a sufficient scale and character that are adjacent to an existing commercial or
industrial use,
2. Commercial recreation areas and major playfields, and,
3. Park maintenance facilities.
G. General Requirements. The requirements set forth in this section shag govern the location and
construction of all wireless communications facilities governed by this ordinance.
1. Building Codes and Safety Standards. To ensure the structural integrity of wireless
communication facilities, the owner of a facility shall ensure that it is maintained in compliance
with standards contained in applicable local building codes and the applicable standards for
such wireless communication facilities, as amended from time to time.
4.
5.
2. Regulatory Compliance. All wireless communication facilities must meet or exceed current
standards and regulations of the FAA, the FCC, and other local, state or federal agencies with
the authority to regulate facilities govemed by this chapter. All wireless communication facilities
must comply with all revised standards and regulations within the date established by the
agency promulgating the standards or regulations.
3. Setbacks:
a. Antenna support structures adjacent to residential uses or zoning. Antenna support
structures must be set back from all property lines a distance equal to one-half the height
of the structure from any off-site residential structure or residentially zoned lot Accessory
structures must maintain a minimum of a fifteen -foot setback from any lot line adjacent to
a residential structure or residentially zoned lot, or the required setback of the zoning
district where the antenna support structure is located, Whichever is greater.
b. Commercial and Industrial Zoning Setbacks. Antenna support structures and accessory
facilities must meet the minimum yard setback requirements, including arterial setbacks,
for the commercial or industrial zoning district in which they are located.
Lot Coverage and Height. Antenna support structures and accessory structures shaft not exceed
lot coverage requirements for the zoning district in which they are located. Accessory structures
shall not exceed the height restrictions for the zoning district in which they are located.
Fencing and buffering.
a. Fencing. A chain link or solid wood fence, or masonry wall at least six feet in height (eight
feet If razor or barbed wire is to be used) shag be constructed and maintained around the
perimeter of the antenna support structure site. Climb proof shields can be substituted for
a fence or wall around the structure. Solid fences, at least six feet in height, are required
adjacent to residential uses and residentially zoned property.
b. Landscaping. For all facilities the following will be required. a continuous evergreen hedge
at least four feet in height when planted, shall be planted, and maintained around the
perimeter of the antenna support structure outside of the required fencing and spaced close
together to provide a continuous visual screen. Shrubs shall also be planted and
maintained around the guy anchors for visual screening purposes. A performance bond or
letter of credit for one hundred fifty percent of the landscaping and fencing materials and
labor costs shall be posted with the Laurel Code Enforcement Office, prior to zoning
approval or issuance of building permit, to ensure the placement of required landscaping
and fencing.
c. Commercial Landscaping. Landscaping requirements shall not apply to antenna support
structures located in the Heavy Industrial (HI) zoning district.
6. Lighting. Antenna support structures shall not be artificially lighted unless required by the FAA or
other local, state, or federal agency. If the FAA requires safety lighting, the use of red beacons is
preferred to flashing strobe lights.
Security lighting on site may be mounted up to twenty feet high on the tower and shall be directed towards
the ground to reduce light pollution, prevent off-site light spillage, and avoid illuminating the tower. Cut-off
security lighting must be used adjacent to residential uses or residentially zoned lots. When incorporated
into the approved design of the facility, light fixtures used to illuminate sports fields, parking lots, or similar
areas may be included in the facility.
7. Signage. Signage shall be limited to non -illuminated waming and equipment identification signs.
8. Co -location.
a. Antenna support structures should be designed in all respects to accommodate both the
applicant's antennae and antennae for at least two additional comparable antennae if the
antenna support structure is over one hundred feet in height or for at least one additional
comparable antenna if the tower is between fifty feet and one hundred feet in height.
b. All new antennae must co -locate on existing or approved antenna support structures or
alternative antenna support structures unless it can be demonstrated co -location is not feasible.
9. Maintenance.
a. Equipment at a wireless communication facility shall be automated to the greatest extent
possible to reduce traffic and congestion. Where the site abuts or has access to a collector or
local street, access for maintenance vehicles shall be exclusively by means of the collector or
local street.
b. All property used for the siting of an antenna support structure or antenna shag be maintained,
without expense to the city so as to be safe, orderly, attractive, and in conformity with city
codes including those regarding the removal of weeds, trash, and landscape maintenance.
10. Visual impact/aesthetics.
a. Wireless communication facilities shall either maintain a galvanized steel finish or (subject to
any applicable standards of the FAA or other applicable local, state, or federal agency) be
painted a neutral color or painted and/or textured to match the existing structure so as to
reduce visual obtrusiveness.
b. if an antenna is installed on a structure other than a tower, the antenna and associated
electrical and mechanical equipment must be of a neutral color that is identical to, or closely
compatible with, the color of the supporting structure so as to make the antenna and related
equipment as visually unobtrusive as possible. Antennae and antenna support structures may
be mounted on existing buildings that are thirty feet or more in height above the street grade.
1
c. Roof -mounted antennae and antenna support structures shall not add more than twenty feet
to the total height of the building on which they are mounted. Roof -mounted equipment shall
be made visually unobtrusive to match existing air conditioning units, stairs, elevator towers,
or other architectural elements. Only monopole antennae support structures with omni-
directional (whip) or low profile single -directional (panel) shall be installed on building roofs.
Crow's nest antennae arrays are prohibited on rooftop structures.
d. Wireless communication facilities attached to new or existing structures shag be designed to
blend with the structure's architecture and should be placed directly above, below, or
incorporated with vertical design elements of a structure.
e. Wireless communication facilities shall be located to minimize their visibility and not be placed
within historic or scenic view corridors as designated by the Laurel city council or by any state
or federal law or agency.
11. Antenna support structure separation. All antenna support structures over fifty feet in height,
regardless of the zoning district in which the structure is located, shall be located at least one mile
from any other antenna support structure that is over fifty feet. Up to three antenna support
structures located within an approved wireless communication facility tower farm shall be located
at least one mile from any other tower farm.
Exceptions to the terms of subsection (G) (II) of this section may be granted by the City of Laurel during
the Conditional Use process when it is found that no existing or approved antenna support structure within
the required separation distance of the proposed site can accommodate the applicant's proposed antenna;
or a critical need exists for the proposed location, and it is technically infeasible to locate or co -locate
structures at or beyond the required separation distance.
H. Nonconforming Wireless Communication Facilities. Antenna support structures andlor facilities in
existence on the date of the adoption of these regulations, that do not comply with the requirements
of these regulations, (nonconforming antenna support structures) are subject to the following
provisions:
1. Nonconforming antenna support structures may continue their present use but may not be
expanded or increased in height without complying with these regulations, except as further
provided in this section.
2. Nonconforming antenna support structures which are hereafter damaged and destroyed, by
less than fifty percent of its replacement value, due to any reason or cause may be repaired
and restored to their former use, location, and physical dimensions subject to obtaining a
building permit and other necessary approvals thereof, but without otherwise complying with
these regulations. If an antenna support structure is destroyed or damaged by more than fifty
percent of its replacement, the antenna support structure must be brought into compliance with
these regulations.
3. The owner of any nonconforming antenna support structure may make minor modifications in
order to improve the structural integrity of the facility, to allow the facility to accommodate co -
located antennae or facilities, or to upgrade the facilities to current engineering, technological,
or communications standards without having to conform to the provisions of these regulations.
Modifications of Existing Wireless Communication Facilities That Meet the Requirements of These
Regulations.
1. Minor Modifications. Minor modifications to facilities permitted under these regulations shall be
approved by the city -county planning board so long as they comply with the original approved
design. Minor modifications are as follows: the addition of more antenna arrays to any existing
antenna support structure, so long as the addition of the antenna arrays add no more than
twenty feet in height to the facility and the increase in height of the support structure is no
greater than ten percent. Placement of additional antennae, up to the number the antenna
support structure was originally designed to accommodate, shag be considered a minor
modification.
2. Major Modifications. Major modifications to antenna support structures permitted under these
regulations shall be approved through a Conditional Use. Major modifications are any that
exceed the definition of minor modfcations.
J. Abandonment. Wireless communications facilities will be considered abandoned if they are unused
by all providers at the facility for a period of six months. Determination of abandonment shall be
made by the city -county planning board which shall have the right to request documentation from
the facility owner regarding support or antenna usage. Upon abandonment, the facility owner shall
have ninety days to:
1. Re -use the facility or transfer it to another owner who will re -use it; or
2. Dismantle the Facility. If the facility is not removed within ninety days of abandonment, the city
may remove the facility at the facility and/or property owner's expense. If the facility is removed,
city approval of the facility will expire.
If the facility owner is unable to remove the facility within the ninety days due to unusual circumstances, the
city -county planning board may grant the facility owner an additional ninety days in which to comply with
the requirements of this section.
K. Conditional Use Submittal Requirements. The applicant of new wireless communication facilities
shall provide the following documentation for review by the city -county planning board.
1. A map to scale showing the service area of the proposed wireless communication facility and an
explanation of the need for that facility.
2. A sitellandscaping plan showing the following items.
a. North arrow.
b. The location and dimensions of all vehicular points of ingress and egress, drives, alleys
and streets.
c. Property boundaries and lot line dimensions.
d. The locations and dimensions of all existing and proposed buildings, structures, and
improvements including those that will be removed. All information must be labeled.
e. Setbacks from all property boundaries for existing and proposed structures and buildings.
f Centerline and names of major and minor arterial streets relevant to the application.
g. Elevation drawing of proposed wireless communication facility including the antenna
support structure, antenna platforms and associated equipment enclosures. Also indicate
the maximum number of antenna platforms that can be supported.
h. Detailed landscaping plan of the site.
L Location of artificial light sources and the areas of illumination.
j. Applications for tower farms shall include subsections (a) through (i) of this section and an
overall development plan showing the location of future structures and equipment
enclosures.
k. Latitude, longitude, and height of proposed antenna support structures.
1. Other pertinent features as determined by the planning board or the city.
2. Area map showing the property boundaries of adjacent property and the location of existing
buildings.
3. Inventory of existing and approved sites. Each applicant for one or more antenna support structure
shall provide to the city -county planning board a map showing the locations and service area of
existing and approved antenna support structures operated or utilized by the applicant, including
specific information on the location, height, and design of each antenna support structure. The city -
county planning board shall maintain an inventory of existing and approved antenna support
structures, including specific information about the location, height, and design of each antenna
support structure. The city may share such information with other persons, organizations, or
govemmental authorities.
4. Documentation of minimum light requirements from the FAA or otherlocal, state or federal agencies
for the antenna support structure andlor antennae. Where applicable, applicant will provide
documentation of the FAA airspace review and a copy of comments from the FAA.
5. When the applicant is a wireless service provider, proof that the applicant is licensed by the FCC
to provide the wireless communication services that the proposed facility is designed to support.
6. Availability of suitable existing or approved antenna support structures. No new antenna support
structure shall be permitted unless the applicant clearly demonstrates, in writing, to the reasonable
satisfaction of the city that no existing or approved antenna support structure within the required
separation distance of the proposed site can accommodate the applicant's proposed antenna.
Closer separation distances may be approved if the applicant clearly demonstrates a critical need
for the alternative location and the infeasibility of locating or co -locating wireless communication
facility at or beyond the required separation distance. Evidence submitted to demonstrate that no
existing or approved structure can accommodate the applicant's proposed antenna must include a
discussion of the following items, if relevant
A. No existing or approved antenna support structures are located within the geographic
area required to meet the applicant's engineering requirements.
B. Existing or approved antenna support structures are not of sufficient height to meet the
applicant's engineering requirements.
C. Existing or approved antenna support structures do not have sufficient structural strength
to support the applicant's proposed antenna and related equipment and cannot be
reinforced to provide sufficient structural strength.
D. The applicant's proposed antenna would cause electromagnetic interference with the
antenna on the existing or approved antenna support structures, or the antenna on the
existing or approved antenna support structures would cause interference with the
applicant's proposed antenna.
E The fees or costs required to share an existing or approved antenna support structure or
to adapt an existing or approved antenna support structure for sharing are unreasonable.
Costs below new tower development is presumed reasonable.
F. Property owners or owners of existing or approved antenna support structures are
unwilling to accommodate the applicant's needs.
G. The applicant demonstrates that there are other limiting factors that render existing or
approved antenna support structures unsuitable.
7. Co -location Agreement. If co -location is feasible, the owner of the antenna support structure
shall cert* prior to permit approval, that the owner will accept for co -location any FCC licensed
wireless communication provider using compatible technology on commercially reasonable
terms up to the antenna support structure's capacity to accommodate additional antennae. The
applicant shall also include a statement on how requests for co -locators will be processed.
8. Effect of surrounding property values. The applicant must submit information that
substantiates there will be no adverse effects on surrounding property values resulting from
the proposed facility.
L. Conditional Use Uses.
1. A request for a Conditional Use shall be initiated by application to the city -county planning
board and handled in accordance with the Conditional Use procedure provided in Section
17.68 of this code. The Laurel city council may issue Conditional Use approval under these
sections provided it has determined that the requirements of this ordinance has been satisfied
and, further, that the benefits of and need for the proposed wireless communication facilities
are greater than possible depreciating effects and damage to neighboring properties.
2 In granting Conditional Use approval, the city council may impose additional conditions to the
extent determined necessary to buffer or otherwise minimize adverse effects of the proposed
wireless communication facilities on surrounding properties.
3. Expiration of Conditional Use Approval.
a. If located within the one -mile zoning jurisdictional area of Laurel, construction of the
facility must be completed within one year of Conditional Use approval. If located within
the city of Laurel, a building permit must be applied for within six months of Conditional
Use approval and the project shall be completed within one year from the date the
Conditional Use is granted by the city council. For the purpose of these regulations, the
term standard of construction shall be defined as the installation of a permanent
foundation for the antenna support structure. The city council may grant one six-month
extension of the period to start construction upon written request by the applicant.
b. The city council shall not approve an extension unless the development plan is brought
into conformance with any relevant zoning regulations that have been amended
subsequent to the original approval and unless the applicant provides adequate evidence
that construction is able to begin within the time period sought. This evidence shall
include, but not be limited to, the acquisition of any or all required government approvals
and project financing, the city council may as a condition of approval of a Conditional
Use establish the period of time such Conditional Use may remain in effect.
M. Appeals. Appeals from any decision of the city -county planning department, not requiring city council
approval, may be taken by any person aggrieved by the decision to the board of adjustment or to
the city council pursuant to Section 17.64 of this code.
N. Nuisances. Wireless communication facilities, including without limitation, power source, ventilation,
and cooling, shall not be maintained or operated in such a manner as to be a nuisance. (01-2 (part),
2001)
17.21.040 - Standards for land mobile radio and radio
and television broadcast antennae and antennae
support structures
A. Purpose. The purpose of this section is to establish regulations for the siting of broadcast facilities,
including land mobile radio services and radio and television broadcast antennae, antenna support
structures, and associated equipment and buildings on public and private property. The goals of
this section are to:
1. Encourage the location of broadcast facilities in non-residential areas and minimize the total
number of antenna support structures throughout the community.
2. Strongly encourage the joint use of new and existing broadcast antenna support structures.
3. Require broadcast facilities to be located, to the extent possible, in areas where the adverse
impact on the community is minimal.
4. Require broadcast facilities to be configured in a way that minimizes the adverse visual impact
of antenna support structures and antennae; and
5. Enhance the ability of the providers of land mobile radio services and radio and television
broadcast services to provide such services to the community as quickly, effectively, and
efficiently as possible.
B. Definitions. For the purposes of this section, the terms used shall be defined as follows:
a. 'AM" means amplitude -modulated broadcasting in the frequency band 535-1,705 kilohertz.
b. 'Antenna/antenna support structure height" means the vertical distance measured from the
base of the antenna support structure at grade to the highest point of the structure including
any attached antennae. If the support structure is on a sloped grade, then the average
between the highest and lowest grades shall be used in calculating the antenna height.
c. "Broadcast antenna" means a ground, building or tower -mounted antenna operated as a
land mobile radio service or as a broadcast radio andlor television service as defined by
the Federal Communications Commission (FCC) under Code of Federal Regulations and
subsequent title amendments:
(a) Title 47, Part 90 (4 7 CFR § 90) - Private Land Mobile Radio Services,
(b)Title 47, Part 73 (47 CFR § 73) - Radio Broadcast Services, which includes AM, FA,
and Television Services, and
(C) Title 47, part 74 (47 CFR § 74) - Experimental Radio, Auxiliary, and Special Broadcast
and Other Program Distributional Services.
d. "Broadcast antenna support structure" means any structure or device specifically designed,
constructed, andlor erected for the purpose of attaching, mounting, or otherwise affixing
antennae. Antenna support structures may include, but are not limited to, self-supporting
lattice towers, guyed towers, or monopole towers. In this section, the term applies to land
mobile radio service and broadcast radio and television transmission antenna support
structures. The term includes the structure and any support thereto.
e. "Broadcast antenna or tower farm" means a tract of land that contains three or more
broadcast or land mobile radio service antenna support structures, any two are spaced no
more than seven hundred fifty linear feet of each other. Legal tracts must be adjacent to
each other to be included in this definition. The term is inclusive of all antenna support
structures, equipment enclosures, buildings, and any additions thereto.
f "Broadcast facilities"means an unstaffed facility for the transmission andlor reception of radio
signals for communications purposes, typically consisting of an equipment building or
enclosure, an antenna support structure, and one or more antennae. This definition applies
exclusively to land mobile radio fixed systems, and radio and television broadcast
transmission facilities.
g. "FAA" means the Federal Aviation Administration.
h. "FCC" means the Federal Communications Commission.
i. "Land Mobile Radio Service (LMRS)" means a mobile service between base stations and
land mobile stations or between land mobile stations as defined in Title 47, PART 90 (47
CFR § 90) - Private Land Mobile Radio Services.
C. Applicability. All land mobile radio service and radio and television broadcast antenna and antenna
support structures located within the City of Laurel zoning jurisdiction whether upon private or public
lands shall be subject to this chapter. This chapter shall apply to broadcast antenna and antenna
support structures upon state and federal lands to the extent of the city's jurisdiction by way of law,
pursuant to any memoranda of understanding or otherwise.
Pre-existing land mobile radio and radio and television broadcast antenna support structures and antennae
shall not be required to meet the requirements of this chapter except as provided under Section 17.56 of
this code, "Nonconforming broadcast facilities".
D. Broadcast antenna support structures and antennae located in residential zoning districts.
a. Land mobile radio and radio and television broadcast antenna support structures and
antennae shall be permitted as an allowed use in aft residential zoning districts provided,
they meet all of the following criteria:
b. Alternative broadcast antenna support structures conforming to all applicable provisions of
this ordinance and roof -mounted antennae that do not add more than twenty feet to the
total height of the building on which it is mounted shall be permitted as an allowed use only
when located on school, govemment-owned utility, and other government sites. Proposed
antennae or antenna support structures that are contrary to this section are subject to the
Conditional Use requirements of Laurel's Zoning Ordinance. After the Conditional Use
hearing and reaching its decision, the city -county planning board shall forward its
recommendations to the city council for its decision.
c. Antennae co -located on existing or approved alternative broadcast antenna support
structures or existing or approved broadcast antenna support structures, which have
previously received all required approvals and permits shall be permitted as an allowed
use.
2. Broadcast antenna support structures and antennae shall be permitted in the agricultural -
open space (AO) zoning district provided the following conditions and all applicable setback,
lot coverage, and building (commercial equipment enclosures) height requirements are met:
a. Broadcast antenna support structures conforming to all applicable provisions of this
ordinance shall be permitted when:(1) Located on school, govemment-owned utility, and
govemment sites and alternative antenna support structures or roof -mounted antenna
are used. Proposed antennae or antenna support structures that are contrary to this
section are subject to the Conditional Use requirements of Laurel's Zoning Ordinance.
After the Conditional Use hearing and reaching its decision, the city -county planning
board shall forward its recommendations to the city council for its decision. (2)Broadcast
antenna support structures fifty feet or less in height.
b. Broadcast antenna support structures that are greater than fifty feet in height shall be
required to obtain Conditional Use approval.
c. Broadcast antennae co -located on existing or approved altemative broadcast antenna
support structures or existing or approved broadcast antenna support structures that
have previously received all required approvals and permits shall be permitted as an
allowed use.
d. Broadcast antenna or tower farms are permitted by Conditional Use.
E. Broadcast Antenna Support Structures and Antennae Located in Commercial Zoning Districts.
1. Broadcast antenna support structures fifty feet in height or less shall be permitted as an
allowed use.
2. Broadcast antenna support structures that exceed fifty feet in height or the maximum
height limitations in the underlying commercial and industrial zoning districts (whichever
is greater) are permitted by Conditional Use.
3. Broadcast antenna or tower farms are permitted by Conditional Use, except in Entryway
Zone and the CBD and HC zoning districts.
4. All broadcast antenna support structures located in heavy industrial (HI) shall be
permitted as an allowed use, including broadcast antenna or tower farms.
5. All broadcast facilities located within the boundaries of an approved or pre-existing
broadcast antenna or tower farm shall be permitted as an allowed use.
F. General requirements. The requirements set forth in this section shall govern the location and
construction of all land mobile radio service and radio and television transmission facilities
govemed by this chapter.
1. Building Codes and Safety Standards. To ensure the structural integrity of broadcast
facilities, the owner of a facility shall ensure that it is maintained in compliance with
standards contained in applicable local building codes and the applicable standards for
such facilities.
2. Regulatory Compliance. All broadcast facilities must meet current standards and
regulations of the FAA, the FCC, and other local, state or federal agencies with the
authority to regulate facilities governed by this chapter.
3. Setbacks.
a. Broadcast antenna support structures adjacent to residential uses or zoning.
Broadcast antenna support structures must be set back, from all property lines, a
distance equal to one-half the height of the structure from any off-site residential
structure or residentially zoned lot. Accessory structures, such as equipment
enclosures or transmitter buildings, must maintain a minimum of a fifteen -foot setback
from any lot line adjacent to a residential structure or residentially zoned lot, or the
required setback of the zoning district where the antenna support structure is located,
whichever is greater.
b. Commercial and Industrial Zoning Setbacks. Broadcast antenna support structures
and accessory facilities must meet the minimum yard setback requirements, including
arterial setbacks, for the zoning district in which they are located.
c. Broadcast Facilities in Broadcast Antenna or Tower Farms. Antenna support structures
and accessory facilities located in antenna or tower farms must meet the minimum yard
setback requirements, including arterial setbacks, for the zoning district in which they
are located.
4. Lot Coverage and Height. Broadcast antenna support structures and accessory structures
shall not exceed lot coverage requirements for the zoning district in which they are located.
Building and equipment enclosures shall not exceed the height restrictions for the zoning
district in which they are located.
5. Fencing and Buffering.
a. Fencing. A chain link or solid wood fence, or masonry wall at least six feet in height
(eight feet if razor or barbed wire is to be used) shall be constructed and maintained
around the perimeter of the broadcast antenna support structure site. Climb proof
shields can be substituted for a fence or waft around the structure. Solid fences, at
least six feet in height are required adjacent to residences and residentially zoned
property. All AM broadcast antenna support structures must be surrounded by a
suitable fence as required by FCC regulations.
b. Landscaping adjacent to residential uses andlor residential zoning. For broadcast
facilities located in a residential zoning district, adjacent to a residential use, or adjacent
to a residentially zoned parcel, the following will be required. a continuous evergreen
hedge at least four feet in height when planted, shall be planted, and maintained
around the perimeter of the antenna support structure outside of the required fencing
and spaced close together to provide a continuous visual screen. Shrubs shall also be
planted and maintained around the guy anchors for visual screening purposes. AM
Broadcast stations are exempt from this requirement due to overriding FCC regulations
regarding vegetation in ground radial systems.
A performance bond or letter of credit for one hundred fifty percent of the landscaping and fencing materials
and labor costs shall be posted with the city to ensure the placement of required landscaping and fencing.
c. Commercial Landscaping. Landscaping requirements shall not apply to broadcast
antenna support structures located in Agricultural -Open Space or approved broadcast
antenna or tower farms.
6. Lighting. Broadcast antenna support structyres shall not be artfficially lighted unless required
by the FAA or other local, state, or federal agency. Security lighting may be placed on a
support structure no higher than twenty feet above ground. Cut-off security lights must be
used in or adjacent to residential areas to prevent light spillage onto adjacent property.
7. Signage. Signage shall be limited to non -illuminated waming and equipment identification
signs unless otherwise required by the FAA and/or FCC.
8. Maintenance.
a. Equipment at a broadcast facility shall be automated to the greatest extent possible to
reduce traffic and congestion. Where the site abuts or has access to a collector or local
street, access for maintenance vehicles shall be exclusively by means of the collector
or local street.
b. All property used for the siting of a broadcast antenna support structure or antenna
shall be maintained, without expense to the city and/or county, so as to be safe, orderly,
attractive, and in conformity with city and/or county codes including those regarding
the removal of weeds, trash and landscape maintenance.
9. Visual impact/aesthetics.
a. Broadcast antenna support structures shall either maintain a galvanized steel finish or,
subject to any applicable standards of the FAA or other applicable local, state, or
federal agency, be painted a neutral color or painted and/or textured to match the
existing structure so as to reduce visual obtrusiveness.
b. If a broadcast antenna is installed on a structure other than a tower, the associated
electrical and mechanical equipment must be of a neutral color that is identical to, or
closely compatible with, the color of the supporting structure so as to make the related
equipment as visually unobtrusive as possible. Broadcast antennae and antenna
support structures may be mounted on existing buildings that are thirty feet or more in
height above the street grade.
c. Roof -mounted antennae and antenna support structures shall not add more than
twenty feet to the total height of the building on which they are mounted. Roof -mounted
equipment shall be made visually unobtrusive to match existing air conditioning units,
stairs, elevator towers or other background. Crow's nest antennae arrays are
prohibited on rooftop structures.
d. Broadcast antenna or antenna support structures attached to new or existing
structures shall be designed to blend with the structure's architecture and should be
placed directly above, below or incorporated with vertical design elements of a
structure.
G. Nonconforming broadcast facilities.
Broadcast facilities in existence on the date of the adoption of this chapter, which do not comply with the
requirements of this chapter, are subject to the following provisions:
1. Nonconforming broadcast facilities may continue their present use but may not be expanded
without complying with these regulations, except as further provided in this section.
2. Nonconforming broadcast antenna support structures which are hereafter damaged and
destroyed, by less than fifty percent of its replacement value, due to any reason or cause
may be repaired and restored to their former use, location, and physical dimensions subject
to obtaining a building permit and other necessary approvals thereof, but without otherwise
complying with these regulations. If a broadcast antenna support structure is destroyed or
damaged by fitly percent or more of its replacement the broadcast antenna support structure
must be brought into compliance with these regulations.
3. The owner of any nonconforming broadcast antenna support structure may make minor
modifications in order to improve the structural integrity of the structure, to allow the structure
to accommodate co -located antennae, or to upgrade the facilities to current engineering,
technological or communications standards, without having to conform to the provisions of
these regulations.
H. Modifications of Existing or Broadcast Facilities That Meet the Requirements of These Regulations.
1. Minor Mod cations. Minor modifications to facilities permitted under these regulations shall
be approved by the city -county planning board so long as they comply with the original
approved design. Minor modifications are as follows:
a. The addition of one or more antenna arrays to any existing antenna support structure,
so long as the addition of the antenna arrays add no more than twenty feet in height to
the facility and the increase in height of the support structure is no greater than ten
percent
b. Placement of additional antennae, up to the number the antenna support structure was
originally designed to accommodate, shall be considered a minor modification.
c. Repairs to or replacement of existing antennae or feedghes or support members (such
as guy wires) are not considered modifications under this part.
2. Major Modifications. Major modifications to antenna support structures permitted under these
regulations shall be approved through a Conditional Use. Major modifications are any that
exceed the definition of minor mod cations.
L Abandonment. Broadcast facilities will be considered abandoned if they are unused by all providers
at the facility for a period of six months. Determination of abandonment shall be made by the city -
county planning board which shall have the right to request documentation from the facility owner
regarding support or antenna usage. Upon abandonment, the facility owner shag have ninety days
to:
1. Re -use the facility or transfer it to another owner who will re -use it; or
2. Dismantle the facility. If the facility is not removed within ninety days of abandonment, the
city and/or county may remove the facility at the facility and/or property owner's expense. If
the facility is removed, city andlor county approval of the facility will expire. If the facility owner
is unable to remove the facility within ninety days due to unusual circumstances, the city -
county planning board may grant the facility owner an additional ninety days in which to
comply with the requirements of this section.
J. Conditional Use Submittal requirements. The applicant of new broadcast facilities shall provide the
following documentation for review by the city -county planning board.
1. A map to scale showing the service area of the proposed broadcast facility.
2. A sitefiandscaping plan showing the following items:
a. North arrow.
b. The location and dimensions of all vehicular points of ingress and egress, drives, alleys
and streets.
c. Property boundaries and lot line dimensions.
d. The locations and dimensions of all existing and proposed buildings, structures, and
improvements including those that will be removed. All information must be labeled.
e. Setbacks from all property boundaries for existing and proposed structures and
buildings.
f Centerline and names of major and minor arterial streets relevant to the application.
g. Elevation drawing of proposed broadcast facility including the antenna support structure,
antenna platforms and associated equipment enclosures.
h. Latitude, longitude and height of proposed antenna support structures.
L Location of artificial light sources and the areas of illumination.
j. Applications for tower farms shall include items a through h and a general overall
development plan showing the location of future structures and equipment enclosures.
k. Detailed landscaping plan of the site when applicable.
3. Other pertinent features as determined by the city.
4. Area map showing adjoining property boundaries and the location of existing buildings within
a distance equal to the required setbacks as set forth in subsection (F)(3) of this section.
5. Documentation of minimum light requirements from the FAA or other local state or federal
agency for the antenna support structure and/or antennae. Where applicable, applicant will
provide documentation of the FAA airspace review and a copy of the comments provided by
the FAA. Where an application has been filed with the FAA for the services proposed and
decision on minimum light requirements by the FAA is still pending, submittal of a copy of the
proposed application shall be sufficient to meet the requirements of the is paragraph.
6. When the applicant is a land mobile radio service provider, or a radio or television
broadcaster, proof must be provided that the applicant is licensed by the FCC to provide the
services that the proposed facility is designed to support or the applicant must prove the
necessary application have been filed with the FCC andlor FAA for the services proposed,
together with proof all riling fees have been paid.
K. Conditional Use uses.
1. A request for a Conditional Use shall be initiated by application to the city -county planning
board and handled in accordance with the Conditional Use procedure provided in Section
17.68 of this code. The city of Laurel may issue Conditional Use approval under these
sections provided they have determined that the requirements of these regulations have
been satisfied.
2. in granting Conditional Use approval, the city council may impose additional conditions to the
extent determined necessary to buffer or otherwise minimize adverse effects of the proposed
broadcast facilities on surrounding properties.
3. Expiration of Conditional Use Approval.
a. If located within the one -mile zoning jurisdictional area of Laurel, construction of the
facility must be completed within one year of Conditional Use approval. Within the city
limits, a building permit must be applied for within six months of a Conditional Use
approval and the project shall be completed within one year from the date the Conditional
Use is granted by the city council. For the purpose of these regulations, the term standard
of construction shall be defined as the installation of a permanent foundation for the
antenna support structure. The city council may grant one six-month extension of the
period to start construction upon written request by the applicant.
b. The city council shall not approve an extension unless the development plan is brought
into conformance with any relevant zoning regulations that have been amended
subsequent to the original approval and unless the applicant provides adequate evidence
that construction is able to begin within the time period sought This evidence shall
include, but not be limited to, the acquisition of any or all required government approvals
and project financing, the city council may as a condition of approval of a Conditional
Use establish the period of time such Conditional Use may remain in effect.
c. Small increases in the height of existing antenna support structures approved by
Conditional Use may be approved by the city -county planning board on an administrative
basis provided that the increase in the height of the antenna support structure is ten
percent or less.
d. Conditional Use approvals for broadcast antenna or tower farms shall not expire until
such time as all facilities within the boundaries of the antenna or tower farm have been
abandoned.
L. Appeals. Appeals from any decision of the city -county planning department, not requiring city
council approval, may be taken by any person aggrieved by the decision to the board of adjustment
or to the city council pursuant to Section 17.64 of this code.
M. Nuisances. Wireless communication facilities, including without limitation, power source,
ventilation, and cooling, shall not be maintained or operated in such a manner as to be a nuisance,
(01-2 (part), 2001)
Chapter 17.24 —Residential Mobile
Homes Districts
17.24.010 — Inten:
The RMH residential district is established as a district in which the principal use of land is for single-family
mobile home dwellings. For the RMH residential district the speck intent of this section is:
A. To encourage the placement of, and the continued use of the land for single-family mobile home
dwellings located within mobile home parks or mobile home subdivisions.
B. To prohibit commercial and industrial uses of the land.
C. To encourage suitable and proper development of mobile home parks or mobile home subdivisions.
7.24.020 - ' e i(f i-(� ons
For the purposes of this section:
"Mobile home park" also means 'mobile home court."
"Mobile home subdivision" means a surveyed, approved, and filled subdivision where the lots are primarily
for sale rather than individual spaces for rent.
17.24.030 - Permit";ed Uses
The following use is permitted:
Single-family mobile home dwellings when located within mobile home parks or on individual lots within a
mobile home subdivision.
17.24.040 - Allowable density
The maximum allowable density for all mobile home parks shall be nine mobile homes per net acre.
17.24.050 - Lot dimensions
A. For single -wide mobile home dwelling units, minimum site dimensions shall be forty feet wide and
one hundred feet deep with a minimum site area of four thousand square feet.
B. For double -wide mobile home dwelling units, minimum site dimension shall be fifty feet wide and
one hundred feet deep with a minimum of five thousand square feet.
17.24.060 - Lot coverage
A. The ground area occupied by a mobile home, attached storm shed, patio, storage building, and off-
street parking spaces shall not exceed fifty percent of the total area of the site. In computing the
ground coverage, four hundred square feet shall be added to the actual area of the mobile home
and the accessory buildings for the two required off-street parking spaces. This provision limits to
one storm shed, not over ten feet by twelve feet or one hundred twenty square feet in area per site
and the utility building shall be placed on a proper foundation.
B. No mobile home, storm shed or other legal attachments to the mobile home shall be located less
than seven feet six inches from the side site line. Detached tool sheds shall be located not less
than five feet from the side or rear site lines. The ends of the mobile homes shall be at least ten
feet apart when opposing rear walls are staggered, otherwise fifteen feet apart. No portion of a
mobile home, or attachment thereto, or tool shed, or any other structure shat be located less than
been feet away from any site or property line adjacent to a public right-of-way.
17.24.070 - Mobile bore park requirements
A. The minimum total area of a mobile home park shall be at least ninety thousand square feet,
including alleys and/or roadways.
B. The minimum street roadway shall conform to the requirements found in the city -county subdivision
regulations.
C. All entrances, exits, lanes and driveways between rows of mobile homes shall be lighted to provide
an intensity of five footcandles. Mobile home parks shall be provided with, at minimum, two
walkways at least three and one-half feet wide between the mobile home sites and each service
building, roadways and sidewalks within the parks shall be hard -surfaced, either concrete or
bituminized, and shall conform to the requirements found in the city -county subdivision regulations.
D. All provisions of water supply, laundry, sewage, and fire protection to be provided in any mobile
home park shall have been approved by the appropriate city department.
E. Off-street parking areas shall be provided in all mobile home parks at a ratio of at least two car
spaces per mobile home site. At least two car spaces shall be provided on each mobile home site.
The area per one car space shall be at least ten feet wide and twenty feet deep, plus ingress and
egress.
F. There shall be provided, unless previously provided by a park dedication as required by the
subdivision regulations, within each mobile home park an adequate site or sites for recreation for
the exclusive uses of the park occupants. Such recreation site or sites shall have a minimum area
in aggregate of four thousand square feet plus one hundred square feet for each mobile home site
in the park. The recreation sites shall be of appropriate design and provided with adequate
equipment; and may be used to meet the one -ninth minimum area requirement of the subdivision
regulations.
G. All mobile home parks must provide a completely and permanently landscaped setback area of at
least fifteen feet in width around those portions of the park perimeter which border public right-of-
way. Such areas may contain trees, shrubbery, grass, benches, fences, landscaped water
resources and the like. Setback areas not bordering public rights-of-way may be used to fulfill the
recreation area requirements of subsection F.
H. All mobile home parks shall have near their main entrance a marquee or sign on which there shall
be an up-to-date list of the addresses and a diagram of the park layout.
1. All mobile home parks shall provide one additional parking space for every five sites as a main
parking area to be used by visitors or in the storage of recreational vehicles.
17.24.080 - Mobile home park restrictions
Existing mobile home parks shall not be enlarged or extensively altered unless such alteration complies
with the provisions of this chapter.
17.24.090 - Mobile home subdivision requirements
A. All lots in a mobile home subdivision shall conform to the requirements set forth in Section
17.16.020.
B. All lots shall be served by the city's water and sewer systems.
C. All lots shall be provided with direct access to a public street unless a homeowner's association
has been set up to maintain a private street.
D. All mobile home subdivisions shall be designed in accordance with the criteria established in Title
16 of this code.
17.24.100 - Mobile home requirements
A. All mobile homes, whether located in a mobile home park or a mobile home subdivision, shall be
set up and skirted in one of the following ways:
1. Individual concrete pads with cinder blocks used for supports, coupled with coordinate skirting.
2. Permanent concrete foundation.
3. 3. A dug -out style area with cinder blocks for support, designed to lower the unit to ground
level:
a. The owner of a mobile home park shall be required to establish one of these methods for
exclusive use throughout the park,
b. Individual lot owners in a mobile home subdivision will be required to indicate which of the
three methods they will use prior to receiving a permit to move a mobile home onto the lot.
B. Each mobile home, whether located in a mobile home park or a mobile home subdivision, shall be
anchored to the ground for purposes of withstanding wind pressures specified for such mobile
home by the city building inspection department prior to occupancy of the unit.
17.15.10 PURPOSE AND INTENT
The purpose and intent of the Planned Unit Development (PUD) is to create a procedure that allows
flexibility to design and develop a site in a creative and unified approach rather than a traditional lot -by -lot
approach. The flexibility and unified approach is intended to promote high quality open spaces that are
created by clustering development, create a diversity of housing types, permit a compatible mix of land
uses, and achieve context sensitive design that conforms to topography and minimizes impacts on natural
resources. The flexibility of the PUD also is intended to accomplish the goals of the Laurel Growth Policy.
17.15.20 APPLICABILITY AND LOCATION
A PUD is a development approved pursuant to the standard and procedures of this Section and can be
located on any site within the city that contains the following characteristics:
17.15.21 INFRASTRUCTURE
Water, wastewater roadway and storm water facilities with sufficient capacity to accommodate
the PUD, or these facilities can be reasonably extended to create the required capacity and that
conform to City of Laurel Public Works standards.
17.15.22CON N ECTIVITY
The opportunity for a PUD with extensive connectivity to the existing roadway, sidewalk, and trail
systems.
17.15.23NATURAL RESOURCES
Natural resources that can be better protected by the flexible design of a PUD than by a traditional
lot -by -lot development and avoid construction in hazardous areas such as floodplains, steep
slopes, or poor soils.
17.15.30 LAND USES
17.15.31 RESIDENTIAL UNDERLYING ZONING
When the underlying zoning is residential, the PUD may contain all types of residential structures
and commercial uses, provided the mix of uses complies with the findings of Section 11.15.70,
Required Findings. Industrial uses are not allowed in PUD when underlying zoning is residential.
17.15.32 NON-RESIDENTIAL UNDERLYING ZONING
When the underlying zoning is commercial, industrial or another non-residential classification,
the PUD may contain all types of residential structures, commercial and industrial uses, provided
the mix of uses complies with the standards of Section 11. 15.70 Required Findings.
17.15.40 DIMENSIONAL STANDARDS
17.15.41 LOT SIZES, FRONTAGE, SETBACKS
Lot sizes, lot frontage and setbacks established for the underlying zoning district may be varied
for the purpose of clustering buildings in a small footprint of development and setting aside open
spaces or protecting natural resources.
17.15.42 DENSITY, IMPERVIOUS COVERAGE
The number of residential units and the amount of impervious coverage may exceed the limits
established for the underlying zoning in portions of the PUD provided the total property covered
by the PUD complies with these two standards in an overall calculation.
17.15.43BUILDING HEIGHT
Building heights within the PUD may exceed the maximum height of the underlying zoning district
for the purpose of clustering development in a small footprint of development and setting aside
open spaces or protecting natural resources.
PUD shall comply with the following site design standards:
17.15.51 BUILDING SITES
The configuration and arrangement of development shall provide each lot and building with a
suitable site that minimizes disturbance of sloping hillsides, protects natural resources and is
serviceable by adequate infrastructure.
17.15.52ACCESS
Safe and adequate vehicular access shall be provided to all lots and building sites to
accommodate routine and emergency accessibility.
17.15.53NATURAL RESOURCES
Natural resources shall receive greater protection than is routinely provided by standards of the
Ordinance or other state and federal regulations. Examples of compliance with this standard
include but are not limited to:
A. SETBACKS
Providing greater setbacks from water bodies and wetlands than required by other
sections of this Ordinance or by the state and federal regulations, or
B. HILLSIDES
Avoiding the disturbance of hillsides that is otherwise permitted by other sections of
this Ordinance, or
C. WILDLIFE
Protecting wildlife habitats and migration corridors.
17.15.54 CONNECTIVITY, CIRCULATION
The roadway system shall maximize connectivity to the adjoining streets and promote efficient
circulation within the PUD.
17.15.55 PEDESTRIAN SYSTEM
A safe and logical system of sidewalks, trails and pathways shall provide convenient pedestrian
connections throughout the PUD and to adjoining neighborhoods.
17.15.56 INTEGRATION, COMPATIBILITY
Site design and the arrangement of land uses shall integrate the PUD with surrounding
developments and maximize compatibility with neighboring properties. The PUD design shall
blend with the existing development pattern and street network of the City.
17.15.57HUMAN INTERACTION
Site design, arrangement of buildings and open spaces and the circulation system shall provide
places for, and promote, interaction among the residents and workers occupying the PUD.
17.15.58GROWTH POLICY
A PUD application shall demonstrate in a convincing and persuasive way that the proposed
development will implement the goals and strategies of the Laurel Growth Policy.
17.15.60 STATEMENTS OF STANDARDS
Upon approval of a PUD, the owner shall prepare a Statement of Standards for review by the Zoning
Administrator that describes the specific uses, development standards, deviations from the underlying
zoning standards and conditions of approval. This Statement of Standards shall be approved as to form by
the City Attorney and upon approval by the City Council, recorded in the land records of Yellowstone
County.
17.15.70 REQUIRED FINDINGS
Approval of a PUD shall require the Planning Board/Planning Commission making the following findings of
fact.
17.15.71 GROWTH POLICY
The PUD implements the goals and strategies of the Laurel Growth Policy.
17.15.72 CONSISTENT WITH PURPOSE, INTENT
The PUD is fully consistent with the stated purpose and intent of this Section and in no way
contradicts the purpose and intent of this Section.
17.15.73COMPLIES WITH STANDARDS
The PUD fully complies with all applicable standards of this Section and this Ordinance.
17.15.74NO ADVERSE IMPACT
The PUD creates no significant adverse impact to neighboring property and does not negatively
impact natural resources.
e
Approval of a PUD shall expire and become null and void one (9) year after the date of final approval if
development has not commenced. Development of the PUD shall proceed with reasonable diligence to
completion or proceed consistent with an approved phasing schedule. If development does not proceed
with reasonable diligence to completion or in accordance with an approved phasing schedule, the Planning
Board/Planning Commission may initiate a review of the partially completed PUD and determine if a specific
schedule of development should be established for completion or if the PUD approval should be deemed
expired. To render the decision about a completion schedule or expiration of approval, the Planning
Board/Zoning Commission shall consider the following criteria:
17.15.81 FUNCTIONALITY
Does the partially complete PUD contain functional infrastructure, including but not limited to
water, wastewater, streets, storm water management and pedestrian facilities?
17.15.82VISUAL BLIGHT
Does the partially complete PUD create visual blight that deteriorates the aesthetic quality of the
neighborhood or the city?
17.15.83 COMM UNITY CHANGES
Has the City of Laurel enacted changes to the policies, goals, strategies or ordinances that would
cause the PUD to be denied approval if it were newly submitted for applicable Zoning
Conformance Permits?
Article 17.17.0 — Standards for specific
uses
17.17.10 CONDITIONAL USES
17.17.11 PURPOSE AND INTENT
This section establishes standards and requires Findings of Fact for Conditional Uses. The
purpose of Conditional Uses is to allow uses that may be suitable in some but not all locations in
the zoning district in which they are allowed or require special consideration because of unusual
operational or physical characteristics or must be designed and developed with conditions to
assure compatibility with adjoining uses.
A Conditional Use Permit (CUP) may be granted to allow a Conditional Use only for a use listed
as a "Conditional' use in an Allowed Uses table and only atter the Planning Board/zoning
Commission has made Findings of Fact that the Conditional Use complies with the following
standards. The following standards apply in addition to standards of general applicability.
17.17.12 FINDINGS OF FACT
The Planning Board2oning Commission shall make Findings of Fact that a Conditional Use
complies with the following standards as a prerequisite to the City Council granting a CUP.
A. CONSISTENT WITH GROWTH POLICY
The Conditional Use is consistent with the policies, goals, objectives, and strategies of
the Laurel Growth Policy.
B. COMPATIBILITY
The Conditional Use is compatible with the character of the immediate vicinity including
the bulk, scale, and general appearance of neighboring buildings and uses.
C. MINIMIZES ADVERSE IMPACT
The design, development, and operation of the Conditional Use minimizes and mitigate
adverse effects, including visual impact of the proposed use on adjacent lands.
D. MINIMIZES ADVERSE ENVIRONMENTAL IMPACT
The development and operation of the proposed Conditional Use minimizes adverse
environmental impacts. Environmental resources to be assessed include, but are not
limited to wetlands, riparian areas, steep slopes, mature vegetation, and the floodplain.
E. IMPACT ON PUBLIC FACILITIES AND SERVICES
The Conditional Use does not have a significant adverse impact on public facilities and
services, including, but not limited to, transportation systems, potable water and
wastewater facilities, storm drainage, solid waste and recycling, parks, trails, sidewalks,
schools, police, fire, and EMT facilities.
F. HAZARD, NUISANCE
The proposed Conditional Use will not create a hazard to persons or property and will
not create a nuisance arising from, but not limited to traffic, noise, smoke, odors, dust,
vibration or illumination.
G. OTHER CODES
The Conditional use complies with all applicable City codes and ordinances.
17.17.13APPLICAB ILITY
An approved CUP shall run with the land and may be transferred to another owner but only for
the approved timeframe. The City Council may place the following conditions to mitigate any
adverse impact from the project: Special yards.
A. OPEN SPACES; AND
B. BUFFERS; AND
C. FENCES; AND
D. WALLS; AND
E. REQUIRING INSTALLATION AND MAINTENANCE OF
LANDSCAPING; AND
F. REQUIRING STREET DEDICATIONS AND
IMPROVEMENTS; AND
G. REGULATING POINTS OF VEHICULAR INGRESS AND
EGRESS; AND
H. REGULATING TRAFFIC CIRCULATION; AND
I. REGULATING SIGNS; AND
J. REGULATING HOURS OF OPERATION AND METHODS
OF OPERATIONS; AND
K. CONTROLLING POTENTIAL NUISANCES; AND
L. PRESCRIBING STANDARDS FOR MAINTENANCE OF
BUILDINGS AND GROUNDS; AND
M. PRESCRIBING DEVELOPMENT SCHEDULES AND
DEVELOPMENT STANDARDS; AND
N. SUCH OTHER CONDITIONS AS THE COUNCIL MAY DEEM
NECESSARY TO ENSURE COMPATIBILITY OF THE USE
WITH SURROUNDING DEVELOPMENTS AND USES AND
TO PRESERVE THE PUBLIC HEALTH, SAFETY, AND
WELFARE.
17.17.14 EXPIRATION, DISCONTINUANCE OR
ABANDONMENT
An approved CUP shall expire on the one (1) year anniversary date of approval if the permit is
not put to use, unless an alternate timeline is established in the development approval. If a
Conditional Use is operationally discontinued or abandoned for a period of more than twelve (12)
consecutive months, regardless of the removal or non -removal of furniture%quipment or any
intention to resume such activity in the future, the Conditional Use may not be reestablished or
resumed. Any subsequent use of the site shall conform to this Ordinance. A timeframe shall be
established at approval for use of the conditional use permit.
17.17.20 USE SPECIFIC STANDARDS
17.17.21 PURPOSE AND INTENT
The purpose and intent of this Section is to establish certain standards that apply to specific uses.
Some uses listed in the Allowed Uses tables are required to comply with use -specific standards.
The Allowed Uses tables contain references to sub -sections below that establish the use -specific
standards.
17.17.22 SPECIFIC USES
A. BED AND BREAKFAST
1. Definition
A Bed and Breakfast is a private residence occupied by the owner or manager that
provides ovemight lodging to paying guests.
2. Maximum Number of Rooms
A Bed and Breakfast shag not exceed five (5) rooms that are rented to guests in
addition to the rooms dedicated to the ownerlmanager More than five (5) rooms
in a structure is considered a motel.
3. Meals
A Bed and Breakfast includes breakfast in the lodging rate. No other meals are
served to guests and no meals are served to the general public.
4. Duration of Stays
Bed and Breakfasts provide short-term lodging and guests shag not stay more than
fourteen (14) days in a thirty (30) day period.
5. Residential, Historic Character
Bed and Breakfast facilities shall be compatible to the bulk, scale, and appearance
of the neighborhood in which it is located. When a Bed and Breakfast is located in
an historic structure, the historically significant architectural elements of the
structure shag be maintained.
6. Parking
One (1) parking space for the ownerlmanager and one (1) space for each room
rented to guests shall be provided on-site. The Zoning Administrator may approve
tandem parking for two (2) spaces if it does not create an unsafe condition.
7. Signage
Notwithstanding the standards of Article 11. 19. 0 Outdoor Advertising, a Bed and
Breakfast shall be allowed one (1) sign, not to exceed twelve (12) square feet in
sign area. This sign may be free-standing provided it is setback a minimum of ten
(10) feet from the property line. A Bed and Breakfast located within a Commercial
Zone falls entirely under Outdoor Advertising for sign requirements.
B. DAY CARE OR GROUP CARE CENTERS
1. Definitions
a. Day Care Facility
A commercial facility that provides care for more than two (2) children or adults
on less than a 24-hour basis for someone other than a family member or a
person who lives with the children or adult. Adult Day Care is the provision of
services and assistance to help adults with daily living.
b. Day Care Group, Day Care Center
An out -of -home place in which care is provided to thirteen (13) or more children
or adults or provides adult day care in conjunction with a Long -Terns Care
Facility or Health Care Facility.
c. Day Care Family, Day Care Home
A private residence or other structure in which day care services are provided
to seven (7) to twelve (12) children or adults.
2. License, Registration Certificates
Day Care Centers shall be licensed, and day care home facilities shall be issued
a registration certificate, by the Montana Department of Family Services.
3. Compatible Appearance
Day Care Centers in residential zoning districts shall maintain a residential
appearance as viewed from the street.
4. Centers for Children
a. Outdoor Play Area
Day Care Centers for children shall provide at least seventy-five (75) square
feet of outdoor play area per child.
b. Fence
Notwithstanding other standards of this Ordinance that regulate fences, Day
Care Centers for children may be required to provide a six (6) foot high solid
fence, or a minimum twenty (20) foot wide landscape buffer to separate
outdoor play areas from adjoining residential dwellings.
5. Signs
Notwithstanding Article 11.19.0 Outdoor Advertising, a Day Care Center shall be
permitted one (1) sign not to exceed twelve (12) square feet in sign area when in
a residentially zoned district.
C. HOME OCCUPATIONS
1. Purpose and intent
The purpose and intent of these standards are to provide for limited commercial
uses on the site of a residential dwelling unit. Home occupations provide for
businesses that are carried out by residents of the dwelling and are incidental and
subordinate to the residential use. Home occupations provide a place for
businesses to start but do not permit their continued existence once the business
has grown beyond the size that can maintain the residential character and scale
of the residential property. it also is the purpose of these standards to provide
peace, quiet and tranquility in residential neighborhoods and to guarantee all
residents freedom from excessive noise, traffic, nuisance, fire hazard and other
deleterious effects of commercial uses.
2. Standards
Home Occupations on single -household sites shall comply with the following
standards:
a. One per Residence
Not more than one (1) Home Occupation can be located on a single -household
lot or property as an Accessory Use.
b. Residents
A Home Occupation shall employ at least one (1) resident of the home with
which the Home Occupation is associated and may include one (1) non-resident
employee.
c. Character
Home Occupations shall not diminish the residential character of the property.
d. Inside Structure
Except for agricultural activities, Home Occupations shall be carried out within
the dwelling unit or accessory structure.
a. Maximum Area
Home Occupations shall not occupy more than thirty-three (33) percent of the
total floor area of all dwelling units, including accessory buildings.
f Equipment
Mechanical equipment used in connection with the Home Occupations shall be
limited to equipment normally found in a dwelling unit, including accessory
buildings.
g. Outside Storage
Outside storage of equipment, materials, merchandise, inventory, or heavy
equipment that is associated with the Home Occupation shall be prohibited.
h. Parking
Off-street parking shall be provided pursuant to Section 11.18.40, Parking and
Loading Standards.
I. Signs
Notwithstanding Article 11. 19. 0 Outdoor Advertising, each Home Occupation
shall be limited to one (1) wall sign containing the name, title and occupation of
the Home Occupation not exceeding twelve (12) square feet in sign area.
Window areas shall not be used to display or advertise merchandise to the
exterior of the dwelling unit or accessory building and no free-standing business
sign is permitted. Home occupations in commercial districts are permitted
twelve (12) square feet of sign area.
J. Trucks Prohibited
No trucks, vehicles with a manufacturer -rated capacity of two (2) tons or
equipment shall be parked overnight on the street or on the premise unless
totally enclosed in a building.
k. Deliveries
Delivery trucks shall not operate from the residential property. This standard
does not prohibit infrequent deliveries in a truck or vehicle taffrom the occupants
of the dwelling unit.
I, Nuisance Prohibited
Home Occupations shall not create a fire hazard, adversely affect neighboring
property values or constitute a nuisance or detrimental condition forneighboring
property from excessive traffic, noise, odor, vibrations, electrical disturbance or
other impact.
m. Hazardous Material Prohibited
The storage of flammable liquids in excess of ten (10) gallons or hazardous
materials related to the Home Occupation is prohibited in the dwelling unit,
accessory building or parked vehicles.
3. Single Household Standards
The residence containing the Home Occupation shall comply with all applicable
standards for single -household dwellings in the zoning district in which it is located.
D. MANUFACTURED HOME COMMUNITIES
Manufactured home communities are included in the state classification of land
subdivisions by rent or /ease. Lots can also be sold as individual units. Therefore,
applicants for such developments shall apply for and be reviewed under both site plan
and subdivision. When both review processes are required, they will be reviewed
concurrently when appropriate. All standards of this chapter are applicable unless
explicitly waived.
1. State requirements
All manufactured home communities developed under this section shall comply
with the State Department of Public Health and Human Services, Department of
Environmental Quality and any other applicable state regulations. Prior to final
approval for a manufactured home community, copies of approval letters from
relevant state agencies shall be submitted or compliance with all applicable
regulations shall be certified by a professional civil engineer licensed by the State.
2. Lot improvements
The location of boundaries of each manufactured home lot for rent or lease shall
be clearly and permanently marked on the ground with flush stakes, markers, or
other suitable means. The location marked must be closely approximate to those
depicted on the approved plans.
3. Utility Hookup
Every manufactured home shall be permanently connected to electric power, water
supply, sewage disposal, and gas lines in compliance with applicable City codes,
and all utility distribution and service lines shall be installed underground.
4. Permanent Foundations and Anchoring
All manufactured homes shall be required to be tied or otherwise physically
anchored in accordance with HUD or the manufactured home builder's
requirements. Building permits for foundations and anchoring, issued through the
city building department in accordance with the adopted International Building
Code, are required. The method of anchoring and foundations shall be specified
as part of the required preliminary development review.
5. Skirting
Each manufactured home shall be skirted within sixty (60) days and be of a type
designed specifically for manufactured homes. Hay bales, foam insulation such as
blue board, lattice and other similar building materials are prohibited Stamped
foam insulation specifically made for manufactured homes is allowed through the
building permit process.
6. Curb, Gutter and Sidewalks
Concrete curb, gutters and sidewalks shall be placed along the front lot line of any
lot which is occupied. All shall be installed according to plans and specifications of
the city and approved by the director of public works or the utilities manager.
7. Setbacks
Each manufactured home shall be set back from all adjacent structures a minimum
of ten feet (90) to protect against fires and combustible items.
8. Offensive Activity
No noxious or offensive activity shall be carried on upon any lot, nor shall anything
be done thereon which may be, or may become an annoyance or nuisance to the
neighborhood.
9. Pre -9976 Units
Any manufactured home constructed prior to 9976 shall be prohibited in the district.
Existing manufactured homes within manufactured home parks can remain but
such structures cannot be moved into another park for use. Once removed, a pre -
9976 unit cannot be placed within the park.
90. Sales
99. Manufactured home sales may occur within the park provided that the area used
for sales is rive (5) percent or less of the gross number of units within the park.
92. Maintenance
a. There shall be no exposed outdoor storage of fumiture (except lawn furniture),
household goods, tools, equipment, or building materials or supplies.
b. No manufactured home may be parked on a public or private street for more
than 24 hours.
c. An abandoned, burned or wrecked manufactured home must be secured
against entry as directed by the fire marshal and may not be kept on a lot for
more than forty -rive (45) days.
d. Each manufactured home must bear an insignia which attests that the
construction of the manufactured home meets or be certified as meeting the
Manufactured Home Construction and Safety Standards of the U.S.
Department of Housing and Urban Development.
e. Within sixty (60) days of placement, standard manufactured home skirting of
fire -resistive material that meets fire resistance ratings in the City's building
code and is of similar character to that of the manufactured home must be
provided around the entire perimeter of the manufactured home between the
bottom of the body of the manufactured home and the ground, except where
the running gear has been removed and the manufactured home itself is
attached directly to the permanent foundation.
f. All private, commonly owned recreation areas not devoted to buildings,
structures, surfaced courts, sand boxes, etc., shall be landscaped.
13. Manufactured Home Lots for Rent or Lease
All units shall be an-anged to permit the practical placement and removal of
manufactured homes. Every lot for rent or lease must front on a public or private
street.
14. Permits and Inspections
a. Owner's and Agent's Responsibility
It shall be the responsibility of the individual property owners or, in the case of
a rental community, the managers of the rental community, to see that all
sections of this article are complied with, including requirements relative to
placement of manufactured homes, and all required permits.
b. Building Permit Required
All manufactured homes moved into the city must be issued a building permit,
pursuant to this section, and be inspected by the City Building Official, prior to
gas and electric service being turned on by the servicing utility.
c. City inspection Required
The required inspections for manufactured homes shall include on-site utilities
requirements including gas, electric, sewer and water, setback requirements
and off-street parking requirements. It is unlawful for any person, firm,
corporation, or agency to tum on, or allow to be turned on, any gas or electric
service without an inspection and clearance from the appropriate official.
d. Non -manufactured Home Improvements Subject to the adopted International
Building Code
Permits must be obtained for additions, alterations, canopies, carports, sheds,
fences and similar structures.
15. The Preliminary and Final Plans Shall Accurately Depict:
a. All Proposed and Required Landscaping
b. Storage Areas
c. A Layout of Typical Lots
All lots for rent or lease, showing the location and dimensions of the lot,
manufactured home stand, driveway and parking spaces, and maximum size
of home allowed on each lot.
d. Mail Delivery Area
a. Foundation and Anchoring Details.
f Permanent Enclosure for Temporary Storage of Garbage
A permanent enclosure for temporary storage of garbage, refuse and other
waste material shall be provided for every manufactured home space. If trash
dumpsters are to be used, they shall be centrally and conveniently located, shall
not be located in any front yard, and shall otherwise comply with the
requirements of this chapter.
g. Landscaping Buffer
Landscaping may be required by the review authority to provide a buffer
between manufactured home communities and adjacent uses, and to enhance
the appearance of the development. The landscaping may be interspersed with
a fence or wall. Specific perimeter landscape/buffering treatments shag be
determined on a case-by-case basis, with the city considering appropriate
factors such as the nature of adjacent uses, noise, and proximity to busy
streets.
Recreational vehicle parks are included in the state classification of land subdivisions
by rent or lease. Therefore, applicants for such developments shall apply for and be
reviewed under both site plan and subdivision. When both review processes are
required, they will be reviewed concurrently when appropriate. All standards of this
chapter are applicable unless explicitly waived.
1. State requirements
All recreational vehicle parks developed under this section shall comply with the
State Department of Public Health and Human Services, Department of
Environmental Quality, and any other applicable state regulations. Prior to final
approval for a recreational vehicle park, copies of approval letters from relevant
state agencies shall be submitted or compliance with all applicable regulations
shall be certified by a professional civil engineer licensed by the State.
2. Lot improvements
The location of boundaries of each space for rent or lease shag be clearly and
permanently marked on the ground with flush stakes, markers or other suitable
means. The location marked must be closely approximate to those depicted on
the approved plans.
3. Utility Hookup
Every space shall have connections to electric power, water supply, sewage
disposal, and gas service lines in compliance with applicable City codes, and all
utility distribution and service lines shall be installed underground. Once installed
the utility lines must remain in place for the approved number of spaces.
4. Skirting
Skirting is not required for RV units, travel trailers, campers, or similar structures.
if the owner of an RV unit, travel trailer, camper or similar structure does skirt their
respective unit, then skirting shall be of a type designed specifically for
recreational vehicles. Hay bales, foam insulation such as blue board, lattice and
other similar building materials are prohibited.
5. Curb, Gutter, and Sidewalks
Concrete curb, gutters and sidewalks shag be placed along the front lot line of the
entire park. Concrete curb and gutter shall be placed along the entire perimeter
to control for storm water discharge. Individual spaces are not required to have
sidewalks or curb and gutter. All improvements shall be installed according to
plans and specifications of the city and approved by the director of public works
or the utilities manager.
6. Setbacks
Each space shall ensure that units are set back from all adjacent structures in
accordance with State Regulations.
7. Propane Tanks
Unless otherwise provided as a central propane system for the entire park, each
space shall be limited to factory equipment propane tanks.
8. Offensive Activity
No noxious or offensive activity shall be carried on upon any space, nor shall
anything be done thereon which may be, or may become an annoyance or
nuisance to the neighborhood.
9. Pre -1976 Units
Existing manufactured homes within recreational vehicle parks can remain but
such structures cannot be moved into another park for use. Once removed, a pre -
1976 unit cannot be placed within the park. New manufactured homes are
prohibited from the Recreational Vehicle Park.
10. Maintenance
a. There shall be no exposed outdoor storage of furniture (except lawn furniture),
household goods, tools, equipment, or building materials or supplies.
b. No recreational vehicle may be parked on a public or private street for more
than 24 hours.
c. An abandoned, burned or wrecked recreational vehicle must be secured
against entry as directed by the fire marshal and may not be kept on a lot for
more than forty-five (45) days.
d. All required yards of the entire park including those spaces that front a public
street shall be fully landscaped.
e. All private, commonly owned recreation areas not devoted to buildings,
structures, surfaced courts, sand boxes, etc., shall be landscaped.
11. Permits and Inspections
a. Owner's and Agent's Responsibility
It shall be the responsibility of the individual property owners or, in the case of
a rental community, the managers of the rental community, to see that all
sections of this article are complied with, including requirements relative to
placement of recreational vehicles, and all required permits.
b. City Inspection Required
The required inspections for recreational vehicle parks shall include on-site
utilities requirements including gas, electric, sewer and water, setback
requirements; and off-street parking requirements. It is unlawful for any
person, firm, corporation, or agency to turn on, or allow to be turned on, any
gas or electric service without an inspection and clearance from the City
Building Official prior to final plan approval.
12. The Preliminary and Final Plans Shall Accurately Depict:
a. All Proposed and Required Landscaping
b. Storage Areas
c. Recreational vehicles storage and other chattels of the residents.
d. A Layout of Typical Lots
All lots for rent or lease, showing the location and dimensions of the lot,
driveway and parking spaces.
e. Mail Delivery Area
f. Permanent Enclosure for Temporary Storage of Garbage
A permanent enclosure for temporary storage of garbage, refuse and other
waste material shall be provided. If trash dumpsters are to be used, they shall
be centrally and conveniently located, shall not be located in any front yard,
and shall otherwise comply with the requirements of this chapter.
g. Landscaping Buffer
Landscaping may be required by the review authority to provide a buffer
between recreational vehicle parks and adjacent uses, and to enhance the
appearance of the development. The landscaping may be interspersed with a
fence or wall. Specific perimeter landscape/buffering treatments shall be
determined on a case-by-case basis, with the city considering appropriate
factors such as the nature of adjacent uses, noise and proximity to busy
streets.
F. ACCESSORY DWELLING UNIT (GUEST HOUSE)
1. Relationship to Principal Dwelling
a. Attached, Separate
The Accessory Dwelling Unit (Guest House) may be attached to the principal
dwelling with an independent access or in a separate building on the same lot
as the principal building.
b. Dimensional Standards
The Guest House shall comply with all dimensional standards that are
applicable to the principal building.
c. Not Sold Separately
A Guest House cannot be sold separately from the principal dwelling or
property containing the principal dwelling.
d. Permanent Structure
A Guest House shall be on a permanent foundation. A manufactured home,
travel trailer, RV or similar temporary or transportable vehicle or structure shall
not be approved as a Guest House.
2. Size
A Guest House shall not exceed 1,200 square feet in gross floor area.
3. One per Lot
No more than one (1) Guest House can be located on a single lot, tract or parcel.
4. No Home Occupation
A Guest House shall not contain a Home Occupation.
5. Parking
A minimum of one (1) off-street parking space shall be provided for the Guest
House.
G. TEMPORARY USES, BUILDING
1. Definition
Temporary Uses are allowed for a certain length of time that is determined by the
Zoning Administrator and prescribed in the permit authorizing such use. The
allowed duration of the use and any related structure shall reflect the purpose of
the Temporary Use. Temporary Uses include Christmas tree sales, on-site
construction office or construction equipment shed, community event, food and
merchandise vendors, temporary real estate office, farm stand or a similar short-
term activity.
2. Administrative Approval
The Zoning Administrator may approve a Temporary Use of a site or building
provided the use complies with all applicable standards of this Ordinance.
3. Duration
An approval for a Temporary Use shall expire in six (6) months unless granted a
one-time six (6) month extension by the Zoning Administrator for good cause. A
Temporary Use must leave the City Jurisdiction for at least six (6) months in order
to activate a new Temporary cycle.
H. SEXUALLY ORIENTED BUSINESS
Sexually Oriented Business shall comply with the following standards.
1. Definition
A Sexually Oriented Business is a commercial facility that includes but is not limited
to adult bookstores, adult video centers, nude modeling studios, nude shows, adult
motion picture theaters, sexual encounter businesses, or similar activities.
2. Separation from Other Uses
A building containing a Sexually Oriented Business shall be setback a minimum of
1,000 feet from the boundary of a lot or a parcel that contains a church, public or
private school, Public Park, or a Medical Marijuana Dispensary.
3. Separation from another Sexually Oriented Business
A Sexually Oriented Business shall not be located, or an existing business
expanded, within 1,000 feet from another Sexually Oriented Business.
4. One per Building
No more than one (1) Sexually Oriented Business can be located in the same
structure or building.
5. Measurement
For the purpose of determining compliance with Subsection 11.17.22.H.2,
Separation from Other Uses, above, measurement shag be made in a straight line
measured from the lot line of the Sexually Oriented Business to the lot line
containing a church, school, public park, Medical Marijuana Dispensary or another
Sexually Oriented Business.
6. Signs
In addition to the standards of Article 11. 19. 0 Outdoor Advertising, signs visible
from the exterior of the structure may state there is adult material inside, but no
pictures or other advertising may be displayed that indicates a nude person is
available for viewing.
7. No Alcohol
Alcohol sales, consumption and gambling are prohibited within a building
containing or in conjunction with a Sexually Oriented Businesses.
1. Definition
A Marijuana Dispensary is any building, premises, facility, or part thereof where
marijuana is made available to consumers in accordance with Montana Law and
all applicable Federal Rules and Regulations.
2. Separation from Other Uses
A building containing a Marijuana Dispensary shall be setback a minimum of 1, 000
feet from the boundary of a lot or parcel that contains a church, public or private
school, Public Park, another Marijuana Dispensary, or a Sexually Oriented
Business.
3. Separation from another Dispensary
A Marijuana Dispensary allowing on-site consumption shall not be located within
1,000 feet from another Marijuana Dispensary that allows on-site consumption.
4. Measurement
For the purpose of determining compliance with Subsection 11.17.22.1.2,
Separation from Other Uses, above, measurement shall be made in a straight line
measured from the lot line of the Marijuana Dispensary to the lot line containing a
church, school, public park, Sexually Oriented Business or another Marijuana
Dispensary.
5. Signs
in addition to the standards of Article 11.19.0 Outdoor Advertising, signs visible
from the exterior of the structure may state there is marjuana inside.
6. Compliance with State and Federal Codes
The operation of a Marijuana Dispensary shall comply with all applicable provisions
of the Marijuana Act of the Montana Code and all applicable Federal Laws and
Regulations.
J. PROPANE BULK STORAGE
Compliance with the applicable Fire Code as adopted by the City of Laurel and all
subsequent referenced codes shall be required, such as the National Fire Protection
Association standards titled 58 Liquefied Petroleum Gas Code. All proposed installations
shall be reviewed by the Fire Department prior to and post Conditional Use public hearings.
17.17.23OUTSIDE STORAGE
Commercial and industrial uses permitted to have outside storage of merchandise, material or
equipment shall provide screening from neighboring properties and streets. Notwithstanding
other standards of this Ordinance regulating fences and walls, stored material shall be screened
by a sight obstructing fence or wall a minimum of eight (8) feet high that prevents visibility of the
stored material from adjacent streets or properties. This requirement shall not apply to the storage
of plant material associated with nurseries, the display for sale or rent of new and used
automobiles in operational condition, recreational vehicles, boats, manufactured homes, or the
use and sale of farm and construction equipment.
17.17.24STORAGE UNITS AND CONTAINERS
A. NON-RESIDENTIAL DISTRICTS, SITES
Secure Storage Units, Cargo, Freight, or Overseas Containers, Pole Barns and
Quonset Huts are permitted as accessory structures on non-residential sites in non-
residential zoning districts in accordance with the following standards.
These units shall be located to the rear of the building they serve and screened
from view from the street or match the architecture of the primary building.
2. Meet setbacks of the prevailing zoning district.
3. Units must comply with the most recent international building code adopted by
the city
B. RESIDENTIAL DISTRICTS, SITES
Secure storage units or containers are prohibited in all residential zoning districts and
on residential sites in non-residential zoning districts except as temporary storage units
during active construction jobs.
17.17.25WI RE LESS COMMUNICATION FACILITIES
A. PURPOSE AND INTENT
The purpose and intent of this Section is to provide for commercial Wireless
Communication Facilities in a safe, efficient, and orderly manner, to encourage the co -
location of facilities to reduce the number of new communication towers and to
minimize the adverse visual effects of such towers.
B. DEFINITIONS
For the purpose of this Section, certain words and terms are defined below.
1. Antenna means the arrangement of wires, poles, rods or similar devices used in
the commercial transmitting andlor receiving of electromagnetic waves, digital
signals and other communication signals.
2. Communication Tower means an antenna support structure designed and
constructed for the primary purpose of supporting one (1) or more antennas,
including a mast, pole, monopole, guyed or lattice tower, freestanding tower, or
any similar structure.
3. Camouflage means the integration of an antenna or communication tower with
existing building, structure or natural surroundings to disguise it from the true
purpose of the facility.
4. Conceal means to place an antenna or tower out of sight by enclosing it in a
structure.
5. Co -locate means placing more than one (1) antenna or wireless communication
provider on a single communication tower or antenna support structure.
6. Wireless Communication Facility means a towerlantenna support structure and
antenna(s) that transmits anwor receives electromagnetic signals for commercial
wireless communications.
C. EXEMPTIONS
Amateur radio antennas or similar non-commercial wireless facilities shall be exempt
from this Section.
D. APPROVALS
1. Antennas
Antennas that are co -located on existing buildings or communication towers, or
are concealed or camouflaged, shall be approved by the Zoning Administrator
pursuant to the terms of this Ordinance.
2. Communication Towers
Wireless Communication Towers may be approved with a Conditional Use Permit
pursuant to Section 11.17.10, Conditional Uses and further provided they comply
with the standards of this Section.
E. STANDARDS FOR COMMUNICATION TOWERS
1. No Attempt to Exclude
No Wireless Communication Facility owner or lessee shall act to exclude or
attempt to exclude any other wireless telecommunication provider from using the
same building, structure or location. Wireless Communication Facility owners and
lessees shall cooperate in good faith with other wireless providers to achieve co -
location of antennas and Wireless Communication Facilities.
2. Excess Capacity
All new Communication Towers are encouraged to be constructed with excess
capacity for co -location of future antennae or wireless facilities. Owners of
Communication Towers shall work in good faith to reach mutually agreeable terms
to allow co -location of Antennae and Wireless Communication Facilities.
3. Setbacks
Ground mounted facilities and buildings related to a Communications Tower shall
comply with the setbacks of the zoning district in which they are located. A
Communication Tower be setback from all property lines at least one (1) foot for
every foot of height of the tower but in no case less than the setback of the zoning
district in which it is located.
4. Equipment Location, Visual Mitigation
a. Roof Mounted
Roof mounted wireless communications equipment shall be located as far
from the edge of the roof as possible or screened by parapet walls.
b. Wall Mounted
Wall mounted wireless communication equipment shall be mounted as flush
to the wall as possible and shall not project above the wall on which it is
mounted.
5. Signals, Lights Prohibited
Signals, lights, illumination and signs are prohibited on a Communication Tower or
facility unless required by the FAA or other applicable regulatory authority.
6. No Hazard, No Interference
Communications Towers shall be operated to avoid any health hazard to the
general public and any interference with the operation of public
safety/communication facilities and home appliances.
7. FAA Certification, FCC Standards
Certification shall be obtained from the Federal Aviation Administration that the
Communications Tower poses no hazard to the operation of aircraft. Wireless
Communication Facilities shall comply with the technical emissions standards of
the Federal Communications Commission.
F. REMOVAL OF ABANDONED WIRELESS
COMMUNICATION FACILITIES
If due to changes in technology or other reasons, a Wireless Communication Facility,
Communication Tower, antenna support structure or related equipment is not operated
for a period of twelve (12) continuous months it shall be considered abandoned. The
owner of such facility shall remove the facility, including antennae, attachments, related
appurtenances and equipment building, within ninety (90) days of receipt of notice from
the Zoning Administrator notifying the owner of such abandonment. If the abandoned
Wireless Communication Facility is not removed within the ninety (90) day period, the
City of Laurel shall have the authority to remove the facility and bill the owner for all
costs associated with the removal.
17.17.26SHORT-TERM RENTAL
A. PURPOSE AND INTENT
The purpose and intent of this Section is to provide for the short-term rental of
residential dwellings and avoid impact on neighboring residences.
B. DEFINITIONS
Short-term rental is the rental of a dwelling and/or a guest house for less than thirty
(30) days. The short-term rental pursuant to this Section does not include a Bed and
Breakfast.
C. STANDARDS
1. Comply with Single Household
Except as distinguished in this Subsection, the dwelling shall comply with all
standards and requirements for single -Household dwelling units in the zoning
district in which it is located.
2. Residential Character
The property shall retain the character and appearance of a single -Household
dwelling. The design or operation of the short-term rented dwelling shall not create
the appearance or operating characteristics of a commercial property.
3. Signage
Signage associated with a short-term rental unit shall comply with the terms of
Article 11.19.0 Outdoor Advertising that apply to residential zoning districts.
D. FIRE AND HEALTH DEPARTMENTS
Owners of a short-term rental property shall comply with applicable rules and
regulations of the Laurel Fire Department and Yellowstone County Health Department.
Applicability
17.18.10 PURPOSE AND INTENT
The following general development standards are established to assure that property in all zoning districts
of the City will be developed in a uniform and orderly manner which will promote the public health safety
and general welfare and implement the Laurel Growth Policy. These general development standards shall
apply to all development in addition to specific standards for certain uses and zoning districts set forth in
other Articles of this Ordinance.
17.18.20 HILLSIDE DEVELOPMENTS
17.18.21 PURPOSE AND INTENT
This Section is intended to provide for the orderly and reasonable use of hillside areas while
protecting the public health, safety and welfare by accomplishing the following.
A. SOIL CONDITIONS
Steer development to locations that have stable soil and utilize appropriate engineering
techniques that accommodate the natural site conditions.
B. MAINTAIN NATURAL CONDITIONS
Minimize alterations to natural hillsides to maintain significant landforms and natural
drainage patterns.
C. INTENSITY
Permit an intensity of development compatible with the natural characteristics of
hillside terrain.
D. PUBLIC SERVICES
Promote cost effective public services by encouraging development in less steeply
sloped areas and ensuring adequate access for emergency vehicles.
E. SAFETY
Protect the public from unsafe development and property damage by ensuring that
hillside development is reasonably located and properly constructed. Minor and
isolated slope variations occurring over a run of ten (10) feet or less are exempt.
17.18.22APPLICABILITY
This Section shall apply to all development on slopes steeper eight (8) percent except
development occurring on minor and isolated slope variations in which the slope may be steeper
than eight (8) percent for a run of ten (10) feet or less.
17.18.23GRADING AND FILLING
_u*iou ► i meaam Pi i ► nes i_:u
The percentage of the site that can be graded and/or filled shall be determined by the
slope of the site, with more grading allowed on less steep slopes. The amount of
coverage and grading permitted is established below.
Percent Lot Coverage, Grading and Fill Allowed on Slopes
Minor an
1 -tows] 0101 100.10 111 C11 BWAI MWO
The undeveloped portion of the site that is not graded or filled shall be maintained in
an undisturbed state with natural grade and vegetation.
17.18.24LOT COVERAGE
A. AMOUNT OF COVERAGE PERMITTED
The percentage of the site that can be covered with impermeable surfaces is
determined by the slope of the site, with more lot coverage allowed on less steep
slopes. The amount of lot coverage permitted is established in this code.
B. UNCOVERED AREA
The portion of the site that is not covered with impervious surfaces shall be revegetated
with native landscaping materials to minimize erosion and stabilize slopes. At a
minimum, the density of vegetation shall approximate the density of vegetation that
existed in the pre -construction state.
17.18.25CUTS AND FILLS
A. MAXIMUM GRADE
The slope of a cut or fill grade shall not exceed two to one (2:1) or fifty (50) percent to
allow revegetation.
B. SETBACK
The toe of a fill slope, or top of a cut or fill slope shall be setback from the property line
at least one-half (1/2) the height of the cut or fill slope.
.•
Coverage
Slope
p
Percent
Allowed
RRIGrade
Coverage Sloe
p
Percent Grading
Allowed
0-15%
NA
0-15%
70
15.1-20%
15
15.1-20%
50
>25%
— 0
— --
>25%
0
J isolated slope variations occurrina over a run of ten (101 feet or less are exempt.
1 -tows] 0101 100.10 111 C11 BWAI MWO
The undeveloped portion of the site that is not graded or filled shall be maintained in
an undisturbed state with natural grade and vegetation.
17.18.24LOT COVERAGE
A. AMOUNT OF COVERAGE PERMITTED
The percentage of the site that can be covered with impermeable surfaces is
determined by the slope of the site, with more lot coverage allowed on less steep
slopes. The amount of lot coverage permitted is established in this code.
B. UNCOVERED AREA
The portion of the site that is not covered with impervious surfaces shall be revegetated
with native landscaping materials to minimize erosion and stabilize slopes. At a
minimum, the density of vegetation shall approximate the density of vegetation that
existed in the pre -construction state.
17.18.25CUTS AND FILLS
A. MAXIMUM GRADE
The slope of a cut or fill grade shall not exceed two to one (2:1) or fifty (50) percent to
allow revegetation.
B. SETBACK
The toe of a fill slope, or top of a cut or fill slope shall be setback from the property line
at least one-half (1/2) the height of the cut or fill slope.
C. TOE OF NATURAL SLOPE
Cutting the toe of a natural slope is prohibited.
17.18.26 DRAINAGE
Natural drainage channels shall be preserved.
17.18.27SOILS
Development shall not be located on unstable soils. The Zoning Administrator may require a
geotechnical study to determine the stability of soils.
17.18.28 RETAINING WALLS/FENCING
Retaining walls shall not exceed the height of eight (8) feet. Fences in Residential Zones shall
not exceed six (6) feet in height above natural grade. More than one (1) retaining wall in a terraced
arrangement shall be permitted. Retaining walls lower than three (3) feet designed and
constructed to retain earth are exempt from other standards of this Ordinance that regulate walls.
Walls taller than three (3) feet are required to be permitted and must include a stamp from a
licensed Montana engineer.
Fences in Residential Zones (R — Zones) shall not exceed six (6) feet in height above natural
grade. The use of barbed wire or electric fences in residential zones is prohibited.
Fences in Business Zones (C Zones) shall not exceed six (6) feet in height above natural grade.
The use of barbed wire or electric fences in Business Zones is prohibited.
Fences in Manufacturing Zones (LI and HI) shall not exceed eight (8) feet in height above natural
grade. The use of barbed wire is allowed in Manufacturing Zones. The use of electric fences is
prohibited in Manufacturing Zones.
17.18.30 ENVIRONMENTAL REGULATIONS
17.18.31 WETLANDS
Development shall comply with all applicable state and federal wetland regulations and
standards. When a proposed development requires a state or federal wetland permit, the
applicant shall include in the application for a City permit copies of the applicable permits to
demonstrate compliance with the state or federal regulation. The Zoning Administrator may
require verification that no such state or federal permit is required.
17.18.32WATER QUALITY
Development shall comply with all applicable state and federal water quality regulations and
standards. When a proposed development requires a state or federal water quality or discharge
permit, the applicant shall include in the application for a City permit copies of the applicable
permits to demonstrate compliance with the state or federal regulation.
17.18.33AIR QUALITY
Development shall comply with all applicable state and federal air quality regulations and
standards. When a proposed development requires a state or federal air quality permit, the
applicant shall include in the application for a City Permit copies of the applicable permits to
demonstrate compliance with the state or federal regulation.
17.18.34SUBSIDENCE
When a development is proposed on areas mapped by the Montana Department of State Lands
as having a potential for subsidence, the applicant shall include in the application for a City permit
a written report by a professional engineer licensed in the State of Montana that details how the
development will avoid further damage and loss of property.
17.18.35 FLOODPLAIN
All development in the 100 -year floodplain shall comply with the Flood Control Ordinance
(Chapter 2, Title 11 of City codes) on file in the Office of the Laurel Floodplain Administrator.
171 o !O PARKING AND LOADING STANDARDS
17.18.41 PURPOSE AND INTENT
The purpose and intent of this Section is to establish off-street parking standards designed to
lessen congestion on the streets and provide a reasonable amount of parking with developments.
17.18.42APPLICABILITY
Any building or structure erected or located, and any use of land established after the effective
date of this Ordinance, including changes of use and additions to existing uses, shall provide off-
street parking in accordance with the standards of this Section. Notwithstanding, development
and uses located in the Central Business District may be exempt from the parking requirement
as determined by the parking commission.
A. REQUIRED PARKING
All development shall provide the minimum number of off-street parking spaces as
established in Section 11. 18.43 Off Street Parking Required Spaces. If two (2) ormore
uses occupy the same building, lot or parcel of land, the total requirement for off-street
parking spaces shall be the sum of the requirement of the individual uses.
B. USES NOT IDENTIFIED
The required off-street parking for any building, structure or use of land not listed in
Section 11. 18.43 Off Street Parking Required Spaces, shall be determined by the
Zoning Administrator based on the required parking for similar uses listed in the Table
and other reliable sources of data.
C. PARKING FOR PHYSICAL DISABILITIES
Parking lots shall provide parking for persons with physical disabilities pursuant to the
currently adopted International Construction Code.
D. CHANGE OF USE
When an existing use of a structure or land is changed to another use, the number of
off-street parking spaces shall be provided for the new use as established in Section
11. 18.43 Off Street Parking Required Spaces.
E. EXPANSION
When an existing use is expanded, off-street parking shall be provided for the
expanded area in compliance with Section 11. 18.43 Off Street Parking Required
Spaces.
Off Street Parking Required Specs
Off Street Parking Required Specs (Minimums)
Residential
Public & Quasi
1 or 2 Dwelling 1/du
Day Care Home
2
3-6 Dwellings
1/du
Day Care Center
2/Staff Plus 5
>6 Dwellings 1/du
Government
3.3/1000 sf
Buildings
— — --
--------------
Health Care Facility;
Guest House 1/du
Long Term Care
1/3 Employee & 1/3 Beds
Facility
Efficiency units 1/du
Library
School, Elementary or
1/300 sf
1/Staff & Faculty & 1/7
Senior Housing 1/du
Jr. High
students
Commercial
School, Senior High 1/Staff & Faculty & 1/4
students
Auto, Vehicle Sales 2/sales associates
Recreation & Entertainment
Auto, Vehicle
Service
4/service bay
Bowling Alley
5/Alley
Bank/Credit Union
1/400 sf
Golf Course
6/Hole
Bed & Breakfast
1/room + 1 for
Owner/Manager
Indoor Entertainment
5.5/1,000 sf
Restaurants
1/3 seats
Miniature Golf Course
2/Hole
Fast Food
Restaurants
1/4 seats
Private Health Club
4/Court & 1/200 Other sf
Alcohol
Establishments
1/3 seats
Public Assembly
1/3 Seats
Hotel & Motel
1/room
Theater
1/3 Seats
Conference
5/seats
Industrial
w/lodging
1/4 seats
Freight, Distribution
Manufacturing,
2/3 Employees
2/3 Employees
Restaurant
w/lodging
Retail
5/1,000 sf
Assembly
•
Mini -Storage
1/10 Units
-
General
............ .
3.3/1000 sf
Warehousing
2/3 Employees or 1/1000 sf
Professional
whichever is less.
Medical & Dental 5/1000 sf
For any other use not specifically mentioned
or provided for, the zoning administrator shall
determine the standards to be applied for
parking, using this as a guide for uses which
most closely resembles the use provided.
Notes: du = dwelling unit sf = square
feet
17.18.44COMPUTATION OF REQUIRED SPACES
For the purpose of computing off-street parking spaces required by this Section, the following
rules shall apply.
A. GROSS FLOOR AREA
Floor area shall mean gross floor area unless otherwise specified for a particular use.
B. BENCH SEATING
Churches and other places of assembly in which benches or pews are used in place
of seats, each twenty-four (24) inches in length of such benches or pews shall be
counted as one (1) seat.
C. FRACTIONS
When calculation of the number of off-street parking spaces results in a requirement
of a fractional space, any fraction of less than one-half (1/2) may be discarded, while
a fraction of one-half (1/2) or more shall be counted as one (1) required parking space.
D. ON -STREET PARKING
On -street parking may be used to satisfy off-street parking requirements at a
conversion rate of 2:1. No more than fifty (50) percent of the required parking can be
used for calculating off street requirements. A maximum of twenty (20) feet extending
beyond either side of the property boundary may be used to calculate on -street parking
numbers.
17.18.45PARKING DESIGN
All required parking spaces shall comply with the standards of this sub -section.
A. SIZE
Parking spaces shall be at least nine (9) feet by twenty (20) feet in size and have a
minimum head clearance of seven (7) feet.
B. SETBACKS
Parking shall not be located in the required minimum front setback except for driveways
to garages. Parking may encroach into the side setback but shall be setback a
minimum of two (2) feet from a property line.
C. SURFACING, GRADING
All off-street parking and access drives shall be paved with asphalt, concrete or an
equivalent surface, and shall be graded and drained to shed all surface water.
D. DRIVE ISLES
Two-way drives isles in parking lots shall be a minimum of twenty-four (24) feet wide
except the Zoning Administrator may approve narrower drive isles for parking lots with
angled parking spaces. One-way drive aisles with angled spaces shall be a minimum
of twelve (12) feet wide except the Zoning Administrator may require wider drive aisles
to ensure functional vehicle maneuverability. Parking Lots shall comply with Section
11. 18.80 Storm Water Management and Erosion Control.
E. DRIVEWAYS
Driveways shall not be used to satisfy off-street parking requirements when a garage
or carport is counted.
Angled Parking Aisle Width Figure
odnwaltkf: 4-
minimum tnum 0112 fttt w•idc I
i
minimum I
12 feet wide 1
j
minimum
12 feet wide
/ A
Straight Parking Aisle Width Figure
T,wwayddwaitks: y
minimumof24fee1wk1e h
J minimum
24f wide
a t .—
V u
minimum
24 foet Wi&
F. SNOW STORAGE
A snow storage area at least two (2) percent of the size of the parking lot, drive aisles,
and circulation shall be provided to avoid the loss of required parking spaces to snow
storage.
G. TREE COVER
Parking lots containing more than twenty (20) parking spaces shall contain vegetative
cover that provides shade for at least thirty-five (35) percent of the area of the parking
lot as measured on August 15th at noon, after the vegetation has reached full maturity.
The owner shall be responsible for maintaining the vegetation. The applicant proposing
the parking lot shall submit for the review and approval of the Zoning Administrator the
plan for vegetative cover designed to satisfy this standard.
H. RESIDENTIAL GARAGES
Parking spaces in residential garages shall count toward residential parking
requirements.
17.18.46ACCESS, CURB CUTS
All parking lots shall have adequate and safe ingress and egress to and from a local alley or
street. The access shall comply with Intersection Visibility unless a wider approach width is
approved by the City Public Works Director. Curb cuts to a City Street shall be approved by the
Public Works Director. Backing from a parking space into a street or alley is prohibited except for
residential districts.
17.18.47LOADING AREA STANDARDS
Each commercial or industrial building larger than 10,000 gross square feet shall provide at least
one (1) off-street loading area. Businesses in the Central Business District are exempt from
providing off-street loading areas.
A. CLEARANCE
Contain a vertical clearance of at least fourteen (14) feet; and,
B. DIMENSION
Be at least twelve (12) feet wide and thirty-five (35) deep.
C. LOCATION, DESIGN
Loading areas shall be on the same lot as the building requiring the loading area and
the loading area shall be designed to prevent vehicles parked in the loading area from
extending into the public right-of-way.
17.18.48SHARED PARKING
A. GENERAL
1. Shared parking is allowed among different categories of uses or among uses with
different hours of operation, but not both.
2. Up to ten (10) percent of required parking spaces for any use may be used jointly
by a temporary commercial use.
3. Applicants must provide a shared parking agreement executed by the parties
establishing the shared parking spaces. The agreement must be filed with the
Yellowstone County Clerk and Recorder. Shared parking privileges will continue
in effect only as long as the agreement, binding on all parties, remains in force. If
the agreement 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 Subsection
11.18.48.E Off -Site Parking.
5. Required accessible parking spaces (for persons with disabilities) may not be
shared and must be located on site.
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
following subsections:
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 twenty (20)
percent, provided that the reduction 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, restaurants and entertainment -related uses, the parking
requirement for the residential use may be reduced by up to thirty (30) percent,
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 fifty (50) percent, 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 listed in this section. The
applicant may also elect to prepare a shared parking analysis using the Urban
Land Institute's (ULI) shared parking analysis methodology. Parking reductions
based on the ULI methodology require review and approval by the Zoning
Administrator after consultation with the City Public Works Department.
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 restaurants, 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
Administrator.
2. For the purposes of this section, the following uses are considered nighttime, or
Sunday uses:
a. Auditoriums accessory to public or private schools.
b. Religious assembly uses.
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
Administrator.
3. Up to ninety (90) percent of the parking required by this chapter for 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 Administrator.
4. The applicant must show that there is no substantial conflict in the principal
operating hours of the uses for which shared parking is proposed.
D. GENERAL, LOCATION OF OFF-STREET PARKING
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.
1. General
All or a portion of required off-street parking may be provided off-site, in
accordance with the provisions of this section. Off-site parking areas must comply
with all applicable parking area design and accessibility standards. Required
accessible parking spaces may not be located off site.
2. Location
Off-site parking areas must be located within a 500 -foot radius of the use served
by such parking, measured between the entrance of the use to be served and the
outer perimeter of the furthest parking space within the off-site 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 parcel containing the use to be served by the parking. The
off-site parking area 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.
F. USE OF OFF-STREET PARKING AREAS
1. Required off-street parking areas may be used solely for the temporary parking of
licensed motor vehicles in operating condition.
2. Required off-street parking spaces may not be used for the display of goods for
sale or lease or for storage of building materials.
3. Required off-street parking spaces are intended to serve residents, tenants,
patrons, employees, 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.
4. No commercial motor vehicle repair work of any kind is permitted in a required
parking space.
G. DRIVEWAY PARKING AREA DESIGN
Parking areas must be laid out and designed in accordance with Municipal Code
requirements and City standards and specifications.
1. Driveways must be reviewed and approved by the City Public Works Department
before the issuance of a zoning compliance permit. Driveways exceeding 150 feet
in length require additional approval from the Fire Department.
2. Driveways may not exceed a grade of eight (8) percent, 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 the City Public Works Department.
17.18.49BICYCLE PARKING
Bicycle parking is encouraged and when utilized by the property owner a minimum of 50% of
required bicycle parking spaces shall be located within fifty (50) feet of the front door of the
business or the resident's entrance when bicycle parking is required. An inverted U or other
similar device, approved through Design Review, shall be required. Bicycle racks shall be made
of solid construction, resistant to rust, corrosion, hammers and saws, and be located in a well
illuminated location.
A. COMMERCIAL USES
A minimum of two (2) bicycle parking spaces are required for every twenty (20)
automobile parking spaces required.
B. INDUSTRIAL
None required.
C. MULTI -HOUSEHOLD HOUSING
A minimum of one (1) bicycle parking space is required for every five (5) multi -housing
residential units. A minimum of two (2) bicycle parking spaces are required for multi -
Household housing units of at least five (5) units.
`I .18.50 INTERSECTION VISIBILITY
17.18.51 PURPOSE AND INTENT
The purpose of this Section is to avoid traffic hazards that occur from obstructed visibility at
intersections of streets, alleys and driveways.
17.18.52APPLICABILITY
The standards of this Section apply to all developments not exempted below. The standards of
this Section shall not apply to:
A. EXISTING BUILDINGS
Permanent buildings existing on the effective date of this Ordinance.
B. CONTROLLED INTERSECTIONS
Stop sign controlled or traffic signal -controlled intersections.
17.18.53 ESTABLISHMENT OF SIGHT TRIANGLE
For the purpose of this Section a sight triangle is defined and established at the intersection of
all streets, streets and alleys, and streets and driveways. The sight triangle is measured from the
center of the approaching traffic lane for each direction for a distance of 450 feet for 45 mph, 400
feet for 40 mph, and 350 feet for 35 mph, in no case shall the distance be reduced below 250
feet.
dr
Within the area of the sight triangle, the height of mature landscaping, walls and fences shall not
exceed thirty-six inches (36") feet in height measured from the top of the existing curb grade or
crown of abutting road, whichever is lower.
A. TREES
Within the sight triangle, existing trees shall be permitted as long as only the tree trunk
(no leaves, limbs, etc.) is visible within eight (8) feet of the ground. No new trees are
allowed in the sight triangle.
Jill iii,
17.18.61 PURPOSE AND INTENT
The purpose and intent of this Section is to establish landscaping requirements that promote
attractive and high-quality development and preserve and enhance the natural beauty of the City.
It is further the purpose of this Section to require landscaping that ensures compatibility among
adjacent land uses, controls dust, glare and erosion, screens objectionable objects, visually
softens the mass of buildings, promotes air quality and enhances property values. Safe and
attractive landscaping is encouraged adjacent to public streets and throughout parking areas. It
is not the intent of this Section to prescribe a certain style of landscaping except to include plants
that are indigenous to the area and tolerant of Laurel weather conditions.
17.18.62APPLICAB ILITY
The standards of this Section shall apply to the following types of development.
A. NEW DEVELOPMENT
All new developments and expansions of existing developments that result in an
increase of more than 1,000 square feet of gross floor area shall comply with this
Section.
B. CHANGE OF USE
The change of use of an existing development shall comply with this Section.
C. CONDITIONS
Landscaping may be required as a condition of a Variance or the rezoning of a lot or
parcel of land.
17.18.63 LANDSCAPE PLAN
A. PLAN REQUIRED
A Landscape Plan is required for all developments and changes of use except for
single -household and duplex/2-household residential units.
B. PLAN CONTENTS
The Zoning Administrator shall establish a checklist of items required in a Landscape
Plan.
C. PLAN REVIEW
Review of the Landscape Plan shall be performed concurrently with the Development
Plan it accompanies.
17.18.64 LANDSCAPE STANDARDS
A. DESIGN ELEMENTS
Landscape Plans shall be designed and installed to meet the following standards.
1. Landscape Area
The entire lot or parcel not occupied by impervious surface or left in natural
vegetation shall be planted with trees, grass, ground cover, or other live ground
cover plantings that are known to be tolerant to the climate of Laurel. Xeriscape
landscaping is permitted and encouraged when appropriate, however, concrete is
not an approved xeriscape material.
2. Use of Landscape Planting
Landscape plans shall be designed and installed to landscape required setbacks,
screen parking lots, soften the mass of buildings and buffer neighboring property
from new development.
3. Landscape Material
Landscape plans shall use plant material that minimizes attraction to wildlife other
than songbirds, e.g. berries.
4. Ensure sight triangle is maintained.
B. STREET BOULEVARD
Street boulevards shall comply with provisions set forth in this section.
C. MAINTENANCE
The required landscaping shall be continually maintained by the owner after
installation. Any landscaping or ground cover or other elements of the Landscape Plan
that die or become damaged shall be replaced by the end of the growing season in
which the plant material died or became damaged. Any required landscaping that dies
or is damaged and is not replaced shall be considered a violation of this Ordinance.
17.18.65PURPOSE AND INTENT
The purpose and intent of this Section is to establish outdoor lighting standards that ensure
nighttime safety and productivity while conserving energy and encouraging "dark sky" initiatives.
17.18.66APPLICABILITY
The standards of this Section shall apply to all outdoor lighting fixtures installed after the effective
date of this Ordinance and the new development of multi -household, commercial and industrial
buildings not exempted in Subsection 11. 18.67 Exemptions. These standards shall also apply to
the redevelopment, addition or remodeling of multi -Household, commercial or industrial property
that increases the gross floor area of the building(s) or the area of developed land by fifty (50)
percent or more, unless exempted.
17.18.67 EXEMPTIONS
The following types of lighting fixtures are exempt from the standards of this Section:
A. EXISTING FIXTURES
Outdoor lighting fixtures installed prior to and operable on the effective date of this
Ordinance provided the fixtures are not a pre-existing nuisance and further provided
there is no change or replacement in use or lamp type and no structural alteration to
the outdoor lighting fixture.
B. STREETLIGHTS, TRAFFIC CONTROL
Streetlights and traffic control lights.
C. RECREATION FACILITY
Lighting related to a recreational facility up to 11:00 pm. Notwithstanding, said lighting
may continue to allow the completion of a sporting event in the recreational facility that
began earlier in the evening.
D. NAVIGATION LIGHTS
Navigation lights at the airport or located on communication towers or similar lights
providing a navigational function.
E. HOLIDAY DECORATIONS
Lights installed as holiday decorations provided, they are not installed more than forty-
five (45) days prior to the holiday and are removed within fifteen (15) days after the
holiday.
F. UNITED STATES FLAG
Up cast lights or other unshielded lights necessary to comply with United States Code,
Title 4 Chapter 1 Section 6.
17.18.68 LIGHTING STANDARDS
A. SHIELDING
All outdoor lighting fixtures shall be shielded to avoid direct view of the light source or
bulb from the property line.
B. 75 DEGREE CUTOFF
All outdoor lighting fixtures shall be installed at a 75 -degree cutoff and aimed
downward.
C. OFF SITE GLARE
Glare or light directed off-site or shining onto the adjacent property shall be prohibited.
D. FOOT CANDLES
Parking lot lighting shall not exceed an average illumination level of one (1) foot candle.
All other exterior lighting shall not exceed an illumination level of four/tenths (0.4) of a
foot candle.
Street Lighting Regulations
Unacceptable
Acceptable
17.18.69 PROHIBITIONS
The following types of lighting shall be prohibited unless specifically exempted by Section
11. 18.67 Exemptions:
A. SEARCHLIGHTS
The operation of searchlights for advertising purposes is prohibited.
17.18.71 PURPOSE AND INTENT
The purpose and intent of this Section are to ensure required infrastructure and utilities are
constructed and maintained to protect the health, safety, and welfare of the occupants of
developments approved pursuant to this Ordinance and the general community. Required
infrastructure and utilities include but are not limited to water distribution, wastewater collection,
vehicular circulation, pedestrian and bicycle facilities, storm water runoff and erosion control and
the private utilities of electricity, cable television, telephone, and where available natural gas.
17.18.72REQUIRED INFRASTRUCTURE AND UTILITY
IMPROVEMENTS
All development shall provide and maintain safe and orderly infrastructure and utilities that
connect to the infrastructure systems of the City of Laurel and private utilities. All development
shall provide access to water and wastewater systems, public streets or roads, pedestrian trails
and/or sidewalks, and wire utilities such as electricity, cable television and telephone, and where
available natural gas. All infrastructure and utility improvements shall be extended to the furthest
extent of a property.
17.18.73PUBLIC WATER SUPPLY, PUBLIC
WASTEWATER SYSTEM
A. CONNECTION TO MUNICIPAL SYSTEMS
All development shall connect to municipal water and wastewater infrastructure
systems which may require off-site and on-site facilities to provide the necessary
mains, lift stations, and pump stations, service lines and other appurtenances
necessary to connect the development to the City infrastructure.
B. CONSTRUCTION STANDARDS
1. City, DEQ
All infrastructure systems shall be constructed and maintained to the applicable
codes of the City of Laurel, the Montana Department of Environmental Quality
standards and other federal and state codes that may be duly applicable.
2. Shared Use
All infrastructure lines in new developments shall be located and constructed to
allow adjoining properties to access the infrastructure mains at the common
property lines.
C. DEVELOPER'S EXPENSE
1. Developer's Expense
Installation of the required infrastructure shall be the developer's expense except
where shared expenses are approved by the City.
2. City Participation
At its sole discretion and subject to adopted ordinances controlling infrastructure,
the City may participate in funding the construction of infrastructure related to any
development when an infrastructure facility is oversized to accommodate the
current or future needs of adjacent properties.
17.18.74PRIVATE UTILITIES
A. UNDERGROUND INSTALLATION
All wire and natural gas utilities shall be installed underground except as provided
below.
1. Above Ground Appurtenant
Transformers, switching boxes, terminal boxes, meter cabinets, pedestals, ducts
and other facilities that are necessary appurtenant to underground utilities may be
placed above ground within utility easements or street right-of-way or easements
with approval of the landowner or City Council, whichever is applicable.
2. Connections to Above Ground Facilities
Facilities reasonably necessary to connect underground utilities to existing or
permitted overhead or above ground facilities shall be allowed above ground.
3. Existing Facilities
Existing above ground utility facilities may be allowed to remain. It shall not be
required to remove or replace existing above ground utility facilities that are useful
in serving the development.
4. Transmission, Distribution Feeder Lines
Overhead electric transmission and distribution feeder lines and overhead long-
distance communication, trunk and feeder lines shall not be required to be
underground.
B. CONSTRUCTION STANDARDS
All utilities shall be installed and maintained pursuant to the applicable utility company
standards.
C. STRUCTURES IN UTILITY EASEMENTS
Structures shall not be located in public or private utility easements except fences.
1. Laurel Growth Policy
Legal and physical access to public streets shall be consistent with the Laurel
Growth Policy.
2. Natural Topography
Accesses, streets, and roads shall be designed and constructed to conform to the
natural topography to the greatest extent practical and minimize ground
disturbance.
3. Drainage
Accesses, streets, and roads shall not block natural drainage ways and shall be
designed and constructed to provide positive storm water runoff.
4. Number of Accesses
The allowed number of accesses shall be determined by the Laurel Subdivision
Regulations.
5. No Commercial Access through Residential
A commercial or industrial development shall not have a principal access through
a residential zoning district. This prohibition does not prevent commercial or
industrial access through a mixed-use district.
6. Emergency Access
All development shall provide safe and efficient access suitable for emergency
vehicles.
7. Street Standards
Street extensions or construction shall be designed and constructed pursuant to
the street standards in the Laurel Subdivision Regulations.
8. Arterial streets
Accesses to arterial streets shall be minimized and shall comply to any applicable
access management plans in effect. A residential development that adjoins an
arterial street shall use reverse frontage or side access to minimize access to
arterial streets.
D. DEVELOPER'S EXPENSE
The construction of the required accesses, streets or roads shall be the developer's
expense except where shared expenses are approved by the City.
1. City Participation
At its sole discretion and subject to adopted ordinances controlling streets and
roads the City may participate in funding the construction of an access, street, or
road related to any development when the access facility is oversized or extended
to accommodate the current or future needs of adjacent properties.
17.18.75 PEDESTRIAN ACCESS
All development and construction, including single -household structures, and existing structures
in all zones shall construct a sidewalk across the street frontages of the lot. The sidewalk(s) shall
be within the public right-of-way at a location approved by the Laurel Public Works Director and
extended to connect to existing sidewalks if present at the lot boundary. If sidewalks currently
exist, they must remain in perpetuity and be replaced if damaged.
A. EXEMPTIONS
Expansion to existing structures that increase the gross floor area by less than fifty (50)
percent shall be exempt from installing sidewalks. Subdivisions that have been
annexed without curb and gutter shall be exempt from required sidewalks.
All new sidewalks shall be constructed in compliance with the Americans with
Disabilities Act (ADA).
C. COMMERCIAL/INDUSTRIAL DEVELOPMENT
Commercial and industrial developments, not exempted above, shall provide a
sidewalk from the entrance of the commercial development to the public right-of-way
and across the frontage of the lot.
D. CONSTRUCTION STANDARDS
Sidewalks shall be designed and constructed to comply with the construction
specifications and widths as adopted in the Laurel Subdivision Regulations.
E. LANDOWNER'S EXPENSE
Sidewalks shall be designed and constructed at the landowner's expense. Lots with
three (3) or more street frontages or lots with an acute angle shall be reviewed by the
city to determine appropriate locations and shall be required to provide at least two
sidewalks.
17.18.76 DEVELOPMENT AGREEMENT
A. AGREEMENT REQUIRED
Developments that require the construction of public infrastructure or other public
improvements shall require a Development Agreement that establishes the detailed
requirements, responsibilities, and timing of performance for both the developer and
the City.
B. CONTENT OF AGREEMENT
A Development Agreement shall contain, but not be limited to, the following items.
1. Site Plan
The Development Agreement shall incorporate or reference an approved
development plan.
2. Required Improvements
Detailed description of infrastructure and other improvements required as part of
the approved development including specifications.
3. Costs
Costs of the improvements required in the initial phase and projected costs of
improvements of any future phases.
4. Schedule for Completion
An established schedule of completion required in the initial phase and a projected
completion schedule of any future phases.
5 City Completion
A process by which the City may, if necessary, complete the required
improvements using the surety or financial guarantee provided by the developer.
6. Renegotiation
A process by which either the developer or the city may request a renegotiation of
the agreement.
7. Transfer
A process by which the agreement may be transferred with the prior written
approval of the City Council.
8. Guarantee
The form of the financial surety or guarantee shall be specified.
9. Warranty
A statement or warranty for the materials and workmanship pursuant to Subsection
G, Warranty of improvements, below.
The construction of public infrastructure or improvements may be phased in
accordance with an approved phasing plan.
An approved Development Agreement shag create a legal contract binding the parties
to the contract.
Completion of the required improvements identified in the Development Agreement
shaft be guaranteed by a method in the Guarantee of Public improvements Section of
the Laurel Subdivision Regulations.
1. Inspection Required
All infrastructure and improvements shall be inspected by the Zoning Administrator
and(or Public Works Director for compliance with the approved development plan,
construction plans and specifications.
2. Developer Request
Upon completion of the infrastructure or improvements, the Developer shall submit
to the Zoning Administrator a written request for a Cert1ficate of Compliance or
acceptance.
3. Improvements Accepted
Upon a written verification from the developer and a project engineer licensed in
the state of Montana that the infrastructure or improvements have been completed
pursuant to all approvals, plans and specifications, and upon further verification
from the inspection described in Subsection F.1, Inspection Required, above, the
Zoning Administrator or Public Works Director, whichever is designated by
adopted City ordinances, shall issue a Certification of Compliance.
Notwithstanding, some public infrastructure facilities or improvements may require
City Council approval of acceptance based upon adopted City ordinances. In such
instances, the Zoning Administrator shall place the developer's request on the City
Council agenda following verification by the Administrator or Public Works Director
that the infrastructure or improvements have been completed pursuant to all
approvals, plans and specifications.
4. Fees
The City Council may establish fees to offset the administrative costs of inspecting
public infrastructure or improvements. Any such fees shall be paid by the
developer prior to the issuance of a Certificate of Compliance or acceptance.
s ..�
The developer shall warrant the materials and workmanship of the public infrastructure
or improvement for a period of one (1) year from issuance of the Certificate of
Compliance or acceptance of the infrastructure or improvement by the Mayor and City
Council, whichever is applicable.
1. Warranty Enforcement
The warranty shall be enforced or secured by one of the following methods.
a. Escrow
An escrow account containing funds equal to ten (10) percent of the
construction costs pursuant to the Guarantee of Public Improvements Section
of the Laurel Subdivision Regulations.
b. Letter of Credit
Continuing a Letter of Credit or opening a new Letter of Credit in an amount
equal to ten (10) percent of the construction costs pursuant to the in the
Guarantee of Public Improvements Section of the Laurel Subdivision
Regulations.
c. Use of Funds
The City may use funds or draw upon the Letter of Credit to correct any
deficiency in the materials or workmanship of the infrastructure or
improvement. Notwithstanding, the developer may remedy the deficiency in
lieu of the City drawing upon the funds.
2. Release of Funds
Warranty funds held in escrow, or the Letter of Credit shall be released upon
expiration of the one (1) year warranty period provided the funds were not spent
to remedy a deficiency in the infrastructure or improvement.
17.18.80 STORM WAFER MANAGEMENT AND
EROSION CONTROL
17.18.81 PURPOSE AND INTENT
The purposes and intent of this Section are to ensure storm water runoff is sufficiently managed
to avoid dangerous conditions, flooding, or property damage and to further minimize erosion from
wind and water.
17.18.82APPLICABILITY
All developments, not exempted below in Section 11. 18.83 Exemptions, proposing to disturb a
cumulative total of more than 20, 000 square feet of contiguous impervious coverage shall comply
with the standards of this Section, and meet Montana Department of Environmental Quality
Regulations.
17.18.83 EXEMPTIONS
Development in the Central Business Zoning District shall be exempt from this section.
17.18.84STORM WATER RUNOFF AND EROSION
CONTROL PLAN
Any application for a development permit, including a building permit if no other development
application is required, not exempted in Section 11. 18.83 Exemptions, shall include a storm water
runoff and erosion control plan. The plan shall contain plans, calculations and techniques that
demonstrate compliance with the standards of this Section and shall be prepared by a
professional engineer licensed in the State of Montana.
17.18.85 STANDARDS
A. PRE -DEVELOPMENT DISCHARGE
The post -development runoff rate from the site shall not exceed the pre -development
runoff rate. Storm water retention areas may be required to comply with this standard.
B. VELOCITIES MINIMIZED
Runoff velocities shall be minimized, and the receiving drainage ways shall be
designed and constructed to accommodate the runoff.
C. STORMWATER DETENTION
On-site storm water facilities shall be designed and constructed to detain a 2 -year
storm event that is one (1) hour in duration, while meeting Section 11.18.85.A Pre -
development Discharge.
D. MAINTENANCE
Storm water facilities shall be continually maintained to ensure on-going compliance
with this Section.
E. RETENTION OF VEGETATION
Existing natural vegetation shall be maintained as much as practical and disturbed
areas that do not receive structures or impervious surfaces shall be revegetated.
F. DISTURBED AREAS MINIMIZED
The amount of ground area disturbed at any one time shall be minimized as much as
practical.
G. SILT FENCING
Silt fencing, hale bales or comparable techniques shall be used to prevent sediment
from leaving the site due to erosion during construction and until the site is fully
vegetated.
H. WATER QUALITY
Water quality of nearby streams, wetlands or other riparian areas shall be protected by
the use of vegetative buffer or other techniques as identified in the Laurel Growth Policy
or master plan for a subdivision.
17.18.90 TEMPORARY USES
17.18.91 — Intent
The definitions found in this chapter for temporary uses and structures shall be used to regulate
same, and all uses contained in temporary structures shall be considered temporary uses and
must comply with this section. All temporary uses or structures must also comply with the
Uniform Fire Code, Laurel requirements for ingress and egress, and other applicable codes in
existence at the time of the adoption of this chapter. This chapter shall not apply to sidewalk
vendors.
17.18.92 — Temporary uses in nonresidential zoning
districts
A. Group 1 Temporary Uses. This group consists of temporary uses of property
continuing for less than forty-eight hours. Such uses are exempt from this chapter.
B. Group 2 Temporary Uses. This group consists of temporary uses of property
continuing for longer than forty-eight hours but less than thirty days.
1. The following are examples of Group 2 temporary uses: carnivals, circuses,
Christmas tree sales, etc.
2. Supplemental Standards.
L Two signs not to exceed thirty-two square feet in area and eight feet in height
shall be allowed, excluding A -frame signs, and be removed along with the
temporary use/structure when the approved time limit or temporary
use/structure permit has expired.
ii. Clear sight vision for ingress and egress shall be provided as approved by the
public works department.
iii. Access to any public right-of-way must be approved by the public works
department.
iv. Application for a temporary use/structure permit shall be made at the city public
works department to the planning board at least one month ahead of the
planning board's regularly scheduled meeting.
C. Group 3 Temporary Uses. This group consists of temporary uses of property
continuing for longer than thirty days but less than one year.
1. The following temporary uses may be allowed in this group:
i. Uses, such as carryout espresso stands, less than one hundred sixty square
feet in floor area and bearing a certification of a factory -built building from the
state of Montana or a Building Permit issued by the City of Laurel as allowed
in the appropriate zoning districts.
2. Location and Time Restrictions.
i. Any Group 3 temporary use/structure existing upon adoption of this chapter
shall be deemed a legal nonconforming use. All existing legal Group 3
nonconforming temporary uses/structures, as of the effective date of this
chapter or any amendment hereto, shall be removed or become a permanent
use by complying with the currently adopted Commercial Building Code, site
development standards, and any other federal, state, or local requirements
within two years from the date of the enactment of this chapter or any
amendment hereto.
ii. All Group 3 temporary use/structures shall be removed no later than one year
unless reapplied for and approved.
3. Supplemental Standards.
L Two signs not to exceed thirty-two square feet in area and eight feet in height
shall be allowed, excluding A -frame signs, and shall be removed along with
the temporary use when the approved time limit or temporary use/structure
permit has expired.
ii. The temporary use must provide sufficient space to accommodate the
structure and off-street parking for customers and use -related vehicles. The
parking area, driving lanes, and egress/ingress shall be paved, drained and
the site shall be approved by the public works department.
iii. Clear sight vision for site ingress and egress shall be provided as per currently
adopted applicable codes and as approved by the public works department.
iv. Access to public right-of-way shall be approved by the public works
department.
v. Application for a temporary use/structure permit shall be made at the city
public works department to the planning board at least one month ahead of
the planning board's regularly scheduled meeting.
17.18.93 — Christmas tree sales in residential districts
In any residential district and in the agricultural district, the temporary use of land for
Christmas tree sales may be allowed for a period not to exceed thirty days when all of the
following restrictions are met:
A. The sale must be conducted on property owned by a nonprofit organization unless
otherwise approved by city staff. The lot must provide sufficient space to accommodate
the Christmas trees and off-street parking for customers and other sale -related vehicles.
B. One sign not to exceed thirty-two square feet in area shall be allowed for this temporary
use, and such sign shall be removed along with the temporary use and structure when the
approved time limit or temporary use/structure permit has expired.
C. A business license must be obtained by the operator if located within the Laurel city limits.
17.18.94 — Roadside stands.
The sale of flowers or produce at temporary stands shall be allowed when all of the following
restrictions are met:
A. Only items produced on the premises may be sold on the premises; and
B. Any structure used must be portable and removed after the temporary use/structure
ceases to operate; and
C. One sign not to exceed thirty-two square feet in area shall be allowed, and such sign shall
be removed when the use ceases; and
D. The use must provide sufficient space to accommodate the stand and off-street parking for
customer and other sale -related vehicles off the public right-of-way; and
E. Clear vision ingress and egress to the area must be provided.
17.18.95 — Fireworks stands.
The erection of temporary fireworks stands may be permitted if such meet the following
standards:
A. Located outside the city limits of Laurel and in nonresidential zones; and
B. Two signs not to exceed thirty-two square feet in area each are allowed, and such signs
must be removed along with the temporary use and structure when the approved time limit
expires; and
C. The stand must provide sufficient space to accommodate the stand and off-street parking
for customer and sale -related vehicles off the public right-of-way; and
D. The appropriate permits are secured from, and fees are paid to county departments and
the local jurisdictional fire department.
17.18.96 — Construction or construction equipment sheds.
The temporary use of buildings or modular offices or equipment sheds during construction
projects may be permitted in any zoning district. A temporary use/structure permit is not
required if the structure is part of an approved construction project and used exclusively
for the approved construction project it serves. Such structures cannot be used for
sleeping or living purposes and must be removed upon completion of the construction
project.
17.18.97 — Temporary use/structure permit required.
All Group 2 and Group 3 temporary uses must conform to the currently adopted Sign
Code. Before any Group 2 or Group 3 temporary use or structure is established, the
property owner shall obtain a temporary use/structure permit, as delineated in this
chapter. In addition, the property owner shall post a three -thousand -dollar money order
or cashier's check or an equivalent bond with the city to ensure timely removal of the use
and/or structure.
After the planning director has reviewed an application for temporary use, he/she shall
make a recommendation to the board of adjustment to approve, deny or approve with
conditions. The board of adjustment shall approve, deny, or approve with conditions the
application. If approved or if approved with conditions, the application shall then obtain a
city business license prior to operating the business.
17.18.100
STANDARDS
17.18.101
OPERATIONAL PERFORMANCE
PURPOSE AND INTENT
The purposes and intent of this Section is to establish performance standards that ensure
developments and land uses do not become dangerous or objectionable to neighbors or the
general community. It is the purpose and intent of this Section that all land uses and related
activities are maintained and operated to avoid detracting from the health, safety, and welfare of
the citizens of Laurel.
17.18.102 AIR QUALITY
Dust, ash, vapors, fumes, gasses, or other forms of air pollution shall not be emitted from any
development to an extent that can cause damage to the health of people, animals or vegetation
or can degrade neighboring property.
17.18.103 COMBUSTIBLES AND EXPLOSIVES
The storage of combustible and explosive materials shall comply with applicable standards of the
applicable Fire Code and the applicable building codes.
17.18.104 HAZARDOUS MATERIALS STORAGE
A. STATE, FEDERAL REGULATIONS
Development that proposes to generate, handle, or store hazardous materials shall
comply with all applicable state and federal regulations and standards. When a
proposed development requires a state or federal permit, the applicant shall include in
the application for a City permit copies of the applicable permits to demonstrate
compliance with the state or federal regulations.
B. OTHER CITY CODES
Development that proposes to generate, handle, or store hazardous materials shall
comply with all applicable regulations and standards in the currently adopted building
code and Fire Prevention and Safety Code. When a proposed development requires
approval for such activities under these additional codes, the applicant shall include
in the application for a City permit copies of the applicable permits or plans that
demonstrate compliance with the codes.
17.18.105 NOISE
A. NOISE LEVELS
Developments and land uses shall not create noises that exceed the levels established
below.
Noise Levels
Noise Levels
Zoning District
the Sound is Generated
aximurn Sound Level
Quiet
R-7500, R-6000, RLMF
65 dBA
Reduce to 55 dBA from 10:00
pm to 6:00 am
RMF, RMH
70 dBA
Reduce to 65 dBA from 10:00
pm to 6:00 am
RP, NC2
80 dBA
Reduce to 70 dBA from 10:00
pm to 6:00 am
'CBD, CC, HC, P
85 dBA
Reduce to 70 dBA from 10:00
pm to 6:00 am
Li, HI
95 dBA
Reduce to 75 dBA from 10:00
pm to 6:00 am
B. EXCEPTIONS
Notwithstanding the noise limitations established, exceptions to the Subsection are:
1. During all hours the following items are exempt. Emergency vehicle safety and
warning signals, other safety and warning signals and devices, aircraft operations
at the airport and hospital, vehicles with legal and properly functioning exhaust
systems, those noise generators that in the opinion of the Zoning Administrator or
law enforcement personnel meet the intent of this Section, and limited temporary
noises that occur for fifteen (15) minutes or less.
2. During non -quiet hours the following items are exempt: home appliances, chain
saws, lawn mowers and snow blowers in private use, those noise generators that
in the opinion of the Zoning Administrator or law enforcement personnel meet the
intent of this Section, and limited temporary noises that occur for fifteen (15)
minutes or less.
3. The City Council may grant waivers for special events (parades, street dances,
grand openings, 4th of July Celebrations, etc.) or via the Conditional Use Permit
or Use of City Owned Lands approval process. All such waivers shall be in writing
and on the property where the exemption is applicable.
4. Construction activities are exempt from the maximum sound level for any given
district from 7.00 am to 10:00 pm level for any given district.
C. MEASUREMENT
Noise levels shall be measured at the property line of the development or land use
generating the noise and shall be measured with a sound meter.
17.18.106 JUNK VEHICLES
A. CERTIFICATION
The zoning administrator or designee may inspect and certify that a vehicle meets the
requirements of a junk vehicle. Such certification shall be in writing and shall record
the make of the vehicle, the vehicle identification number, or license plate number of
the vehicle if available. The certifying individual shall also describe any vehicle
damage, any missing equipment, or condition of the vehicle, and shall also verify that
the value of the junk vehicle is equivalent only to the approximate value of the scrap in
it.
B. VIOLATION
It shall be unlawful to park or store junk vehicles on private property. Such a violation
shall be deemed a nuisance subject to abatement including fines, fees and/or removal
of vehicle from property.
C. EXCEPTIONS
The provisions of this chapter relating to junk vehicles shall not apply to a vehicle or
part thereof which: (1) is not visible from the street or other public or private property,
or (2) is stored or parked in a lawful manner on fenced private property in connection
with the business of a licensed bulk hauler, tow truck operator, dismantler, repair
facility, or motor vehicle dealer and is fenced.
Iiiii, I Rol 91 V, I I PUT,, 1;
WA BE, IF
To avoid long and monotonous building facades, the building fagade facing any street
shall not be more than one hundred (100) feet without an offset in the wall plane or
architectural features or indents designed to break up the apparent mass of the wall
and prevents the building from being a rectangle or square. Ll and HI districts are
exempt from this provision.
Unless otherwise noted in the Central Business District or within sections of this code,
the primary use of a structure within all districts shall be classified as that use which
occupies 50.1 percent of the gross floor area of a structure. If multiple uses are within
the structure, the simple majority of gross floor area of one use shall constitute the
primary use for determining what is permitted in each district.
Article 17.19.0 —Outdoor Advertising
17.19.10 PURPOSE AND H'ATEN' T
The purpose of this Article is to govern outdoor advertising with standards designed to balance the Interests
of businesses, organizations and individuals with the public interests of maintaining an attractive city where
advertising contributes to community character and avoids undue visual clutter.
17.19.20 APPLL CAEF-311LITY
The standards of this Section shall apply to the erection, construction, relocation, installation or alteration
of any outdoor advertising sign, structure, markings, symbol or other advertising device unless exempted
in Section 11. 19.30 Exemptions.
17.19.30 EXEM PIONS)
The standards of this Section shall not apply to the following:
17.19.31 OFFICIAL NOTICES, WARNING SIGNS,
HISTORICAL INFORMATION
Notices posted by an official of a public body or utility that provides legal notification or information
or warning of a dangerous area, including signs communicating information about the history of
a property or the community.
17.19.32WINDOW DISPLAYS, INDOOR SIGNS
Indoor signs and displays that are not visible from the outside.
17.19.33 BUILDING IDENTIFICATION, MINOR
RESIDENTIAL
Signs, plaques and similar features not to exceed four (4) square feet in area containing building
names, dates of erection, commemorative information or similar content. Wall signs identifying
occupants or owners of a residential property.
17.19.34HOLIDAY LIGHTS
Holiday lights and displays containing no commercial message and erected no sooner than forty-
five (45) days prior to the holiday and removed no later than fifteen (15) days following the holiday.
17.19.35 REAL ESTATE
Not more than one (1) real estate sign per lot, parcel or tract of land or a building `for sale"or `for
rent" that does not exceed six (6) square feet in area.
17.19.36 RELIGIOUS SYMBOLS, NON-COMMERCIAL
Religious symbols, signs conveying a non-commercial message and temporary political signs.
17.19.37WAY FINDING, TRAFFIC CONTROL
Signs that provide directional information, identify entrances/exits and control traffic that does not
exceed six (6) square feet in area.
17.19.38MURALS
Murals depicted on sides of buildings that contain no advertising message connected to a
business, service or product.
17.19.40 DEFINITIONS
For the purpose of this Section, certain words and terms shall have the meaning as established in this
subsection.
17.19.41 SIGN
For purposes of this Ordinance the term sign shall mean any structure, marking, symbol, display,
illustration or other advertising device designed or intended to announce, market or attract
attention to a business, product or service.
17.19.42SIGN AREA
Sign area means the surface of a sign designed to contain a message, logo, symbol, or other
communication and excludes the structural support members. The sign area for free-standing
signs or signs projecting from a building may display a message on two (2) sides that are back-
to-back and the sum total of the area of each side shall not exceed the allowed sign area.
17.19.43NEON AND ILLUMINATED
Signs lit with neon or exposed bulbs in an historic manner.
17.19.44 INTERNALLY ILLUMINATED
Illumination in which neon, fluorescent, incandescent, or other light sources are placed within a
semi -transparent "can" and shine through sign panels, typically made of plastic.
17.19.50 PERMIT REQUIRED
The erection, construction, relocation or alteration of a sign or other advertising device not exempted in
Section 11.19.30 Exemptions requires a Building Permit. Electrical permits pursuant to the currently
adopted electrical codes may be required in addition to the Building Permit.
17.19.51 DIGITAL ELECTRONIC GRAPHIC DISPLAY
Signs that display moving, or electronic images shall require a conditional use permit and be
consistent with all other applicable district regulations.
17.19.60 GENERAL STANDARDS
17.19.61 SIZE
A. RESIDENTIAL DISTRICTS
The maximum amount of sign area allowed in a residential zoning district is six (6)
square feet per lot, parcel or tract of land. Notwithstanding, the size of sign area
announcing the name of a development is one (1) square foot of sign area per one (1)
linear foot of street frontage of the lot containing the sign, not to exceed forty (40)
square feet.
B. NON-RESIDENTIAL DISTRICTS
The total amount of sign area allowed in non-residential zoning districts shall not
exceed three hundred (300) total square feet. Total signage and sign area is calculated
by measuring the surface area of one face of the sign.
17.19.62NUMBER, TYPE
There is no maximum number of signs permitted on a property and no restriction on the types of
signs provided the total sign area of all signs does not exceed the amount permitted in Section
11. 19.61 Size.
17.19.63HEIGHT
The maximum height of all freestanding signs, including all embellishments, shall not exceed the
maximum height for primary buildings in the given zoning district.
17.19.64ON SITE/OFF SITE
Off-site signs are permitted however those signs count toward the overall sign area for that
specific property and use.
17.19.65 CONSTRUCTION, ELECTRICAL CODES
Signs and other advertising devices shall comply with applicable construction and electrical
codes.
17.19.70 PROHIBITED SIGNS
The following signs shall be prohibited.
17.19.71 INTERNALLY ILLUMINATED
Internally illuminated signs are prohibited in all residential districts and are subject to 11. 19.80
Internally Illuminated Signs.
17.19.72 FLASHING AND BLINKING SIGNS
Flashing, blinking or, signs with rotating light beams, holograms, and similar devices.
17.19.80 INTERNALLY ILLUMINATED SIGNS
Internally illuminated signs are only allowed inside Commercially and Industrially Zoned Districts.
17.19.90 NONCONFORMING SIGNS
Any sign legally existing on the effective date of this Ordinance which does not comply with the provisions
of this Article shall be deemed a nonconforming sign. No nonconforming sign shall be moved, altered, re -
erected, relocated or replaced unless it is brought into compliance with the standards of this Article. This
shall not prevent the repair or restoration to a safe condition any part of a nonconforming sign or sign
structure, or a change of message or normal maintenance on a sign or sign structure.
17.19.100 ABANDONED SIGNS
Any sign that is not structurally sound or no longer serves to inform or attract the attention of the public,
including illegible signs and signs advertising or identifying abandoned uses, shall be considered
abandoned and its removal required. The owner of an abandoned sign shall be responsible for the removal
of the sign within sixty (60) days of the adoption of this Ordinance or within sixty (60) days termination of
the use advertised by the sign.
17.19.110 TEMPORARY SIGNS
The Zoning Administrator may approve temporary signs to be erected for not more than thirty (30) days to
advertise special events and similar short-term activities.
17.21.10 ORGANIZATION OF ARTICLE
17.21.11 OVERVIEW OF DUTIES AND
RESPONSIBILITIES
The Summary Table of Review Procedures, presents an overview of the roles of the various
decision makers in the review and approval processes of this ordinance.
17.21.12 DECISION MAKING AND ADMINISTRATIVE
BODIES
Section 11.21.30, Duties and Responsibilities of Decision Making and Administrative Bodies, sets
out the detailed authority, duties and responsibilities of the various decision making and
administrative bodies in the review processes of this Ordinance.
17.21.13COMMON REVIEW PROCEDURES
Section 11.21.40 Supplementary Review Procedures Common Procedures, establishes the
common review procedure that applies to all permits unless certain supplementary procedures
are created in subsequent sections of this Ordinance.
17.21.14PUBLIC HEARING, PUBLIC NOTICE
Section 11.21.80 Supplementary Review Procedures, establishes supplementary review
procedures for certain permits that either supplement or replace a portion of the common review
procedures.
17.21.15SUPPLEMENTARY REVIEW PROCEDURES
Sections 11.21.80 Supplementary Review Procedures, establishes supplementary review
procedures for certain permits that either supplement or replace a portion of the common review
procedures.
17.21.20 OVERVIEW OF DUTIES AND
RESPONSIBILITIES
Summary Table of Review Procedures
Summary Tale of Review Procedures
Zoning
BuildingAdministrator Official
Planning Board &
Board of
Mayor &
Commission
Council
Receive Applications A
Determine
A
Completeness
Residential
Development of 1 to 3
A
units
Residential
Development of 3 or
R
A
more Units
PUD
R
R
A
Design Review
R
R
A
Appeal
R
A
CUP
R
R
A
. . Official
. Board
Board .Mayor
Administrator
R
Adjustment
R
A
Variance
Building Permit
A
Certificate of
A
Occupancy
Zoning Map
R
R
A
Amendment
Zoning Ordinance
R
R
A
Amendment
Enforcement Action
A
Annexation
R
R
A
Appoint Zoning
Administrator
A
Appoint Building Official
A
Appoint Member of
Board & Commissions
A
R = Review & Recommend; A = Authority for Final Action
17.21.30 — Duties and Responsibilities of Decision
Making and Administrative Bodies
The following decision-making and administrative bodies shall have the duties and responsibilities in
administering this Ordinance as established in this Section.
In addition to all powers and authority granted to the Mayor and City Council by general
or specific law, the Mayor and City Council shall have the following powers and
authority under the provisions of this Ordinance.
1. Appoint Zoning Administrator and Building Official
The Mayor, with the consent of the City Council, shall appoint a Zoning
Administrator and a Building Official. The Zoning Administrator and Building
Official may be employees of the City of Laurel or contract consultants.
2. Appoint Planning BoardlZoning Commission and Board of Adjustment
The Mayor shall appoint and the City Council shag consent to appointing members
of the Planning BoardlZoning Commission and Board of Adjustment
3. Growth Policy
The Mayor and City Council shall have the authority to adopt the Laurel Growth
Policy and, from time to time, approve or disapprove amendments to the Growth
Policy.
4. Zoning Ordinance and Zoning Map
The Mayor and City Council shall have the authority to adopt the Laurel Zoning
Ordinance and the Official Zoning Map of the City of Laurel, and from time to time,
approve or disapprove amendments to the Ordinance and Map.
5. Planned Unit Development
The Mayor and City Council shag have the authority to hear, consider and approve,
approve with conditions or disapprove applications for Planned Unit
Developments.
6. Annexations
The Mayor and City Council shall have the authority to approve, approve with
conditions or disapprove of applications for annexation of land to the City of Laurel.
7. Other Actions
The Mayor and City Council shag have the authority to take other action not
delegated to another decision making or administrative body that the Mayor and
City Council deem necessary and desirable to implement provisions of the Growth
Policy or this Ordinance.
A. ESTABLISHMENT
Then: is hereby reaffirmation of the creation and existence of the Laurel Planning
Board and Laurel Zoning Commission to be known as the Planning BoardlZoning
Commission.
B. DUTIES AND AUTHORITY
The Planning Boar&Zoning Commission shall have the following powers and authority
under this Ordinance:
1. Growth Policy
To prepare and recommend to the Mayor and City Council the Laurel Growth
Policy.
2. Amend Growth Policy
To initiate, hear, consider, and make recommendations to the Mayor and City
Council on amendments to the Growth Policy.
3. Adopt Ordinances
To initiate, hear, consider, and make recommendations to the Mayor and City
Council on the adoption of this Ordinance and other ordinances, regulations and
codes authorized by general or specific law.
4. Amend Ordinances
To initiate, hear, consider, and make recommendations to the Mayor and City
Council on amendments to this Ordinance and to other ordinances, regulations
and codes authorized by general or specific law.
5. Adopt Zoning Map
To initiate, hear, consider, and make recommendations to the Mayor and City
Council on the adoption of the Official Zoning Map of the City of Laurel.
6. Amend Zoning Map
To initiate, hear, consider, and make recommendations to the Mayor and City
Council on amendments to the Official Zoning Map of the City of Laurel.
7. Conditional Uses
To hear, consider and make recommendations to the Mayor and City Council on
whether to approve, approve with conditions or disapprove applications for
Conditional Use Permits pursuant to the terms and procedures of this Ordinance.
8. Planned Unit Development
To initiate, hear, consider, and make recommendations to the Mayor and City
Council on applications for Planned Unit Developments.
9. Annexation
To initiate, hear, consider, and make recommendations to the Mayor and City
Council on approval, approval with conditions or disapproval of applications for
annexation of land to the City of Laurel.
10. Other Actions
To undertake and execute other duties the Mayor and City Council deem
necessary and desirable to assign to the Planning Board/Zoning Commission.
17.21.33BOARD OF ADJUSTMENT
A. ESTABLISHMENT
There is hereby reaffirmation of the creation and existence of the Laurel Board of
Adjustment.
B. POWERS AND AUTHORITY
The Board of Adjustment shall have the following powers and authority under this
Ordinance:
1. Appeals
To hear and consider appeals that an error was made in order, requirement or
decision by the Zoning Administrator in the enforcement of this Ordinance and to
recommend that the City Council uphold, modify or overturn the decision.
2. Variances
To hear, consider and recommend approval, approval with conditions or
disapproval applications for variances from the terms of this Ordinance pursuant
to Section 11.21.81 Variance.
17.21.34ZONING ADMINISTRATOR
The Zoning Administrator shall have the following powers and authority and shall perform the
following duties under this Ordinance.
A. INTERPRET ORDINANCE
Interpret, make day-to-day decisions and administer this Ordinance.
B. RECEIVE APPLICATIONS, DETERMINE COMPLETENESS
Receive applications for all permits required by this Ordinance, except applications for
Building Permits that are received by the Building Official and make determinations of
completeness of the submittal information.
C. APPROVE DEVELOPMENT PERMITS
Review, consider and approve, approve with conditions, or disapprove applications for
which the terms and procedures of this Ordinance assign Final Action to the Zoning
Administrator. Applications for which the Zoning Administrator has authority to approve
or disapprove include residential development containing up to three (3) residential
units.
D. RECOMMENDATIONS
Review, consider and make recommendations to the Planning Board2oning
Commission, Board of Adjustment and the Mayor and City Council on applications for
which these decision-making bodies have duties to review and/or make final decisions.
E. MINOR DEVIATIONS
Review, consider and approve or disapprove minor deviations to a development plan
that has received final approval by a decision-making body.
F. ADMINISTRATIVE DUTIES
Assist all decision-making bodies in setting agendas, providing proper legal notice and
maintaining complete record of proceedings.
G. INSPECTIONS, ENFORCEMENT
Perform all necessary inspections to enforce the provisions of this Ordinance,
conditions of approved permits and approved Development Agreements, and to initiate
enforcement actions to remedy violations of this Ordinance, permits or agreements.
H. LEGAL ACTION
Investigate and pursue legal action pertaining to violations of this Ordinance or
conditions of approved permits or the terms of approved Development Agreements.
I. OTHER DUTIES
Perform all other duties assigned by the terms of this Ordinance, deemed necessary
to assist all decision-making bodies, or determined necessary or desirable by the
Mayor and City Council.
17.21.35 BUILDING OFFICIAL
In addition to all powers and authority granted to the Building Official by general or speck law
or by other codes and ordinances, the Building Official shall have the following powers and
authority and shall perform the following duties under this Ordinance.
A. BUILDING PERMITS
Receive applications for Building Permits, determine completeness of submittal
information, review and approve, approve with conditions, or disapprove applications
for building permits pursuant to the terms and procedures of the currently adopted
Building Codes and this Ordinance.
B. ZONING ORDINANCE
Consult with the Zoning Administrator to ensure proper compliance with this Ordinance
on all Building Permits.
C. CERTIFICATES OF OCCUPANCY
Issue Certificates of Occupancy pursuant to the terms and procedures of the currently
adopted Building Codes and this Ordinance.
17.21.40 COMMON PROCEDURES
17.21.41 GENERAL
Unless otherwise stated in this Article, the submission of a development plan or application, and
the subsequent steps for Determination of Completeness, staff review, notice and scheduling of
public hearings, and decisions of approval or disapproval shall comply with the procedures
established in this Section. The teniis development application and development plan are used
interchangeably in these procedures and refer to any submission made to the City for review and
approval under this Ordinance.
17.21.42APPLICATION FORMS
All development applications shall be on City forms prepared and made available by the Zoning
Administrator. The Zoning Administrator shag develop application forms and a checklist of
submission items to accompany an application. The application forms and checklists shall be
distributed to the public indicating all information that must be presented in order for City officials
and Boards to evaluate applications. No application shall be accepted for consideration unless
the information required on the checklist is found by the Zoning Administrator to be in sufficient
detail to evaluate the application and determine whether it complies with the substantive
requirements of this Ordinance.
17.21.43 FEES
All applications shall be accompanied by the applicable fee required by the regularly adopted
City fee schedule. The fee schedule shall be established and may be revised from time to time
by the Mayor and City Council. Its purpose shall be to defray the costs of processing applications.
The fee schedule shall be available for review in the City clerk's office during normal business
hours.
17.21.44PRE-APPLICATION CONFERENCE
A. PRE -APPLICATION CONFERENCE
A pre -application conference may be held with the Zoning Administrator prior to
submission of an application for approval of residential development containing three
(3) or more dwelling units, all developments containing commercial, industrial, and
other non-residential land uses, a Conditional Use Permit, Design Review, a Planned
Unit Development, and for amendments to the Zoning Map and text of this Ordinance.
B. INITIATION OF PRE -APPLICATION CONFERENCE
An owner, developer or their authorized agent shall initiate a pre -application
conference with the Zoning Administrator by submitting a written request. Along with
the request for the pre -application conference, the applicant shall submit general
information on the proposed land use, layout, existing features of the site including
topography and other information necessary to describe the character, location, and
magnitude of the proposed development.
C. SCHEDULING OF PRE -APPLICATION CONFERENCE
Upon receipt of a request for a pre -application conference, the Zoning Administrator
shall schedule the pre -application conference. The pre -application conference shall be
held within thirty (30) calendar days of receipt of the request for such a conference.
D. PRE -APPLICATION CONFERENCE PURPOSES
The purpose of the pre -application conference is to familiarize the city officials with the
general location and character of the proposed development. At the pre -application
conference, the applicant and the Zoning Administrator shall discuss the proposed
development, and based upon the information provided by the applicant, identify the
provisions of this Ordinance that apply to the proposed development. During the
subsequent review of the development plan or upon submission of more detailed
information about the proposed development, additional provisions of this Ordinance
may be identified as being applicable.
E. WRITTEN SUMMARY
The Zoning Administrator shall provide the applicant with a written summary of the pre -
application conference within fifteen (15) calendar days of the completion of the pre -
application conference.
F. EXPIRATION OF PRE -APPLICATION CONFERENCE
A development plan shall be based on the written summary of a pre -application
conference held no more than one (1) year previous to the plan submittal. A new pre -
application conference is required before submission of a plan if more than a year has
elapsed since the prior conference.
17.21.45SUBMISSION OF APPLICATION AND
DETERMINATION OF COMPLETENESS
The submission of an application and the Determination of its Completeness shall comply with
the following standards:
A. INITIATION
The appropriate application and all required information for the requested permits and
approvals shall be submitted to the Zoning Administrator by the owner, developer, or
their authorized agent.
S. REQUIRED CONTENTS OF APPLICATION
The submittal requirements established by the Zoning Administrator during the pre -
application conference shall be submitted. Additional information may be required
during review of the application if the Zoning Administrator finds the information
necessary to determine compliance with this Ordinance.
C. DETERMINATION OF COMPLETENESS
Within fifteen (15) calendar days of the submittal of an application, the Zoning
Administrator shall determine if the application is Complete. An application is complete
if it contains the submittal requirements identified during the pre -application conference
in sufficient completeness and detail to commence review and evaluation of the
application.
1. Determined Incomplete
If the Zoning Administrator determines that the application is not complete, a
written notice shall be provided to the applicant specifying the deficiencies. No
further action shall be taken on the application by the Zoning Administrator until
the deficiencies are remedied. If the applicant fails to correct the deficiencies within
sixty (60) calendar days, the application shall be considered withdrawn. If the
Zoning Administrator fails to provide written notice of any deficiencies to the
applicant within fifteen (15) calendar days of submission of the application, the
application shall be deemed complete.
2. Determined Complete
When the application is determined complete, the Zoning Administrator shall notify
the applicant of the determination and commence review and evaluation of the
application to determine compliance with this Ordinance and other applicable
ordinances and regulations.
17.21.46TECHNICAL REVIEW
A. TECHNICAL REVIEW COMMITTEE
The City may establish a Technical Review Committee (TRC) and host Committee
meetings as needed to facilitate the technical review and evaluation of applications for
permits. The Zoning Administrator may schedule a complete development application
for a TRC meeting. Said meeting shall occur within thirty (30) calendar days of the
Determination of Completeness. The applicant is provided an opportunity to meet with
representatives of applicable utilities and governmental agencies in this meeting to
receive comments on the technical elements of the application.
1. Committee Members, Responsibilities
The TRC consists of the representatives of the following core departments with
their general responsibilities. After determining an application complete, the
Zoning Administrator forwards the application materials to the TRC members for
review.
a. The Planning office will review development applications for compliance with
the existing zoning of the site, compliance with this Ordinance and other
applicable ordinances, codes, and regulations, and to review the relationship
of the proposed development to the neighboring property, characteristics of
the site such as topography, floodplain and unstable soils, and the Laurel
Growth Policy.
b. Public Works Department to review development applications for the
relationship to streets and utility systems and to determine required street
improvements, rights-of-way, extensions to water and wastewater systems
and other related public improvements and dedications.
c. Building Official to review development applications for any building code
provisions that may affect the general site plan. Review of construction
drawings that are appropriate for building permit applications is not appropriate
for a TRC meeting.
d. Fire Department to review development applications for adequacy of the water
distribution system and firefighting capabilities in the vicinity, and for
compliance with applicable Fire Prevention and Safety Codes.
e. School District to review development applications to project demand for
school facilities and to identify needed land areas to reserve for development
of schools and other related facilities.
f. Police Department to review the proposed development for appropriate safety
considerations.
g. Ambulance and Emergency Response for appropriate access and other safety
considerations.
2. Additional Members
The Committee may expand to include the city engineer, City attomey,
Yellowstone County Historic Preservation Officer, and representatives from utility
companies and state and federal agencies when their review comments are
applicable to a particular development application.
B. WRITTEN SUMMARY
Within fifteen (15) calendar days following the TRC meeting the Zoning Administrator
shall provide the applicant a written summary of the TRC comments and a description
of any revisions to the plans that are necessary to comply with the technical
requirements of the applicable ordinances and regulations.
C. REVISED SUBMISSION
The applicant shall submit a revised application that incorporates the changes
necessary to comply with the technical requirements of the applicable ordinances and
regulations.
D. ADDITIONAL TRC MEETINGS
Extensive revisions resulting from TRC comments or by voluntary action of the
applicant may require additional TRC meetings to review the subsequent submission,
prior to the Zoning Administrator scheduling the application for a Planning
Board/Zoning Commission meeting or rendering a decision for which the Zoning
Administrator has authority for Final Action.
17.21.47PROCEDURES FOR ZONING ADMINISTRATOR
DECISIONS
A. AUTHORITY FOR FINAL ACTION
The review and decisions on applications for which the Zoning Administrator has
authority of Final Action shall occur pursuant to the standards of this Section.
S. RECLASSIFY APPLICATION
If the Zoning Administrator determines that a proposed development, for which the
Administrator has authority for Final Action, may have a significant impact on the
surrounding neighborhood or the community, the Zoning Administrator may reclassify
the application to require review and approval by the Planning Board/Zoning
Commission. When an application is reclassified, the authority for Final Action is
transferred to the Planning Board/Zoning Commission and the administrative
procedures that are applicable to the Board/Zoning Commission's actions shall apply.
C. STAFF REVIEW, STAFF REPORT AND DECISION
After determining an application is complete, the Zoning Administrator shall conduct
the technical review pursuant to Section 11.21.46 Technical Review, above, review the
application for compliance with this Ordinance and other applicable ordinances and
regulations, and prepare a Staff Report that describes the conclusions of the review.
Based upon the conclusions in the Staff Report the Zoning Administrator approves,
approves with conditions or disapproves the application. A copy of the Staff Report
shall be provided to the applicant.
D. TIMING OF DECISIONS
Review and final decision by the Zoning Administrator shall be made within fifteen (15)
calendar days of the TRC meeting, or within fifteen (15) calendar days of a plan
resubmission that is based upon the TRC meeting. If additional TRC meetings are
required, a decision shall be made within fifteen (15) calendar days of the final TRC
meeting or plan resubmission that is based upon the final TRC meeting.
E. ISSUANCE OF PERMIT, CORRECTED APPLICATION
If the Zoning Administrator finds the application complies with the applicable standards
of this Ordinance and all other applicable ordinances and regulations, the permit shall
be issued. If it is determined that the application does not comply with the applicable
standards of this Ordinance or other ordinances and regulations, the applicant shall be
notified in writing of the deficiencies and be provided sixty (60) calendar days from the
written notice to submit a corrected application. If a corrected application is received,
the Zoning Administrator shall approve, approve with conditions, or disapprove the
corrected application based on the applicable standards of this Ordinance and other
applicable ordinances and regulations. If the application is not resubmitted within sixty
(60) calendar days from said written notice, the application shall be considered
withdrawn.
F. PUBLIC NOTICE AFTER DECISION
The Zoning Administrator shall submit a Record of Decision on a City website or at
City Hall following a final decision. Any aggrieved party may appeal the Zoning
Administrator's decision within thirty (30) calendar days of the date the notice appeared
in the official paper for the City of Laurel. Decisions on applications for single -
Household houses, sign permits, and grading permits are exempt from this
requirement.
G. EXPIRATION OF PERMIT
A permit shall expire on the one (1) year anniversary date of the permit issuance,
unless otherwise noted in the development approval if the next step in the normal
development process is not commenced. The next step, normal development process
includes obtaining a building permit, grading permit, or commencement of the use if no
further permit is required.
17.21.48 PROCEDURES FOR DECISIONS BY PLANNING
BOARD/ZONING COMMISSION OR BOARD OF
ADJUSTMENT
A. AUTHORITY FOR FINAL ACTION
The review and decisions on applications for which the Planning Board/Zoning
Commission or the Board of Adjustment have authority of Final Action shall occur
pursuant to the standards of this Section, except appeals of prior decisions. See
Section 11. 21.82 Appeals for the applicable procedure to consider Appeals.
B. ZONING ADMINISTRATOR RECOMMENDATION
After an application has been reviewed by the TRC the Zoning Administrator shall
prepare a staff report that evaluates the application for compliance with this Ordinance.
The Zoning Administrator shall present in the staff report a recommendation for
approval, approval with conditions or denial, based upon the standards and procedures
of this Ordinance. The staff report shall be made available to the applicant, the public
and the Planning Board/Zoning Commission or Board of Adjustment at least seven (7)
calendar days prior to the scheduled public meeting.
C. SCHEDULING OF PUBLIC HEARING
An application for which a public hearing is required shall be scheduled for meeting of
the Planning Board2oning Commission or Board of Adjustment within 120 calendar
days of an application being determined by the Zoning Administrator to be complete.
D. PUBLIC HEARINGS, PUBLIC NOTICE
The Planning Board2oning Commission or Board of Adjustment, whichever is
applicable, shall conduct a public hearing on the application pursuant to the procedures
of Section 11.21.60 Public Hearing Procedure, and a written notice of the public
hearing shall be mailed by first class mail to owners of all land that is adjacent/adjoining
to the site for which the application is submitted pursuant to Section 11.21.70 Public
Notice.
E. DECISION
Within thirty (30) calendar days of the close of the public hearing, the Planning
Board2oning Commission or Board of Adjustment, whichever is applicable, shall
approve, approve with conditions, or deny the application based upon the standards
and procedures of this Ordinance. Written notice of the decision containing the
required findings of fact and conclusions reached by the Board shall be provided to the
applicant within fifteen (15) calendar days of the decision. Written notice of a denial
shall specify the reasons for denial.
F. ISSUANCE OF PERMIT
If the application is approved, the Zoning Administrator shall issue a permit at the first
practical opportunity that describes any conditions of approval established by the
Board and the expiration date if no action is pursued by the applicant.
G. EXPIRATION OF A PERMIT
A permit shall expire on the one (1) year anniversary date of the permit issuance,
unless otherwise noted in the development approval if the next step in the normal
development process is not commenced. The next step in the normal development
process includes obtaining a building permit, grading permit, or commencement of the
use if no further permit is required.
17.21.50 PROCEDURES FOR DECISIONS BY MAYOR
AND CITY COUNCIL
A. AUTHORITY FOR FINAL ACTION
The review and decisions on applications for which the Mayor and City Council have
authority of Final Action shall occur pursuant to the standards of this Section.
B. ZONING ADMINISTRATOR RECOMMENDATION
After an application has been reviewed by the TRC the Zoning Administrator shall
prepare a staff report that evaluates the application for compliance with this Ordinance.
The Zoning Administrator shall present in the staff report a recommendation for
approval, approval with conditions or denial, based upon the standards and procedures
of this Ordinance. The staff report shall be made available to the applicant, the public
and the Planning Board2oning Commission, and Mayor and City Council at least
seven (7) calendar days prior to the first scheduled meeting.
C. SCHEDULING OF PUBLIC HEARING
An application for which a public hearing is required shall be scheduled for a meeting
of the Planning Board/Zoning Commission within 120 calendar days of an application
being determined by the Zoning Administrator to be Complete.
D. PUBLIC HEARINGS, PUBLIC NOTICE
The Planning Board/Zoning Commission shall conduct a public hearing on the
application pursuant to the procedures of Section 11.21.60 Public Hearing Procedure,
and a written notice of the public hearing shall be mailed by first class mail to owners
of all land that is adjacent/adjoining to the site for which the application is submitted
pursuant to Section 11. 21.70 Public Notice.
E. PLANNING BOARD/ZONING COMMISSION
RECOMMENDATION
Within thirty (30) calendar days of the close of the public hearing, the Planning
Board/Zoning Commission shall determine a recommendation to approve, approve
with conditions or deny the application based upon the standards and procedures of
this Ordinance. Written notice of the recommendation of the Board shall be provided
to the applicant within fifteen (15) calendar days of the decision. Written notice of a
recommendation for denial shall specify the reasons for denial.
F. SCHEDULING OF PUBLIC MEETING
Following the decision by the Planning Board/Zoning Commission, the application shall
be scheduled for review and a final decision at a regularly scheduled meeting of the
Mayor and City Council. This meeting shall occur within thirty (30) calendar days of the
Planning Board/Zoning Commission decision.
G. DECISION
Within thirty (30) calendar days of the close of their meeting, the Mayor and City
Council shall approve, approve with conditions or deny the application based upon the
standards and procedures of this Ordinance. Written notice of the decision containing
the required findings of fact and conclusions reached by the Mayor and Council shall
be provided to the applicant within fifteen (15) calendar days of the decision. Written
notice of a denial shall specify the reasons for denial.
H. ISSUANCE OF PERMIT
If the application is approved the Zoning Administrator shall issue a permit at the first
practical opportunity that describes any conditions of approval established by the
Mayor and Council and the expiration date if no action is pursued by the applicant.
I. EXPIRATION OF A PERMIT
A permit shall expire on the one (1) year anniversary date of the permit issuance,
unless otherwise noted in the development approval if the next step in the normal
development process is not commenced. The next step in the normal development
process includes obtaining a building permit, grading permit, or commencement of the
use if no further permit is required.
17.21.60 PUBLIC HEARNG PROCEDURE
Public Hearings required by this Ordinance shall be conducted pursuant to the standards and procedures
of this Section.
17.21.61 NOTICE
Written notice of the public hearing, pursuant to Section 11. 21.70 Public Notice, shall be sent by
first class mail to the owner of the property that is subject to the public hearing and to owners of
land that is adjacenbadjoining to the property that is subject to the public hearing. In addition to
the mailed notice, a Public Notice of the hearing shall be published in a newspaper of general
local circulation that describes the application and provides the time, date and place of the public
hearing. The Public Notices shall be mailed, and the published notice shall appear in a
newspaper of general local circulation no later than fifteen (15) calendar days prior to the public
hearing.
17.21.62ANNOUNCEMENT
The presiding officer shall announce the purpose and subject of the public hearing, verify that
proper public notice was given and provide the opportunity for any member of the Board to
declare a conflict of interest. The presiding officer may excuse any member of the Board who
has a conflict of interest.
17.21.63RIGHT TO SPEAK
Any interested person may appear at the public hearing and submit evidence or make comments
either as an individual or on behalf of an organization. Each person appearing at the public
hearing shall be identified by name and address of residence and name of organization if
applicable.
17.21.64STAFF REPORT PRESENTATION
The Zoning Administrator shall present the Staff Report.
17.21.65APPLICANT PRESENTATION
The applicant shall present any information the applicant deems appropriate.
17.21.66PUBLIC STATEMENTS
Members of the public shall be provided with the opportunity to speak about the merits or
shortcomings of the application. At the discretion of the presiding officer, reasonable time limits
may be placed on all speakers in the interest of accommodating all people desiring to speak and
to provide for an efficient meeting. Comments shall be directed only to the presiding officer.
17.21.67APPLICANT RESPONSE
After the public comment the applicant shall be provided the opportunity to respond to any public
comments made during the public hearing.
17.21.58STAFF RESPONSE
After the public comment, the Zoning Administrator or any other City official shall be provided the
opportunity to respond to public comments made during the public hearing.
17.21.69 DELIBERATION, DECISION
The presiding officer shall declare the public comment period of the meeting to be closed and
invite discussion, deliberation and a decision by the Board.
17.21.610 RECORD OF PROCEEDINGS
The public hearing and meeting shall be audio taped and the tape shall be retained by the City
for a minimum of one (1) year. A recording secretary shall record written minutes of the public
hearing. All exhibits, reports, evidence and written materials submitted during the public hearing
shall be retained by the City as part of the record of the proceeding.
17.21.611 CONTINUANCE
The Board conducting the public hearing, on its own initiative, may continue the hearing to a
future date. The applicant has the right to one (1) continuance to a future date. Notice of
continuance shall be posted in a conspicuous and visible location at City Hall and other regular
locations determined by the Zoning Administrator.
17.21.70 PUBLIC NOTICE
Public Notice required to be mailed or published in a newspaper of general local circulation shall contain
the following information and comply with public notice requirements of state law.
17.21.71 TYPE OF APPLICATION
The type of application, such as Development Permit, Conditional Use Permit, Variance, Appeal,
Amendment to the Zoning Map or Ordinance, Planned Unit Development, Zoning Conformance
Permit.
17.21.72 DESCRIPTION OF DECISION
A brief description of the decision or action sought by the applicant.
17.21.73NAME OF OWNER, APPLICANT
The name of the landowner and applicant.
17.21.74 LOCATION OF LAND
A legal description and a general description of the location of the subject land.
17.21.75LOCATION, DATE, TIME
The location, date and time of the public hearing or public meeting.
17.21.76WHERE INFORMATION AVAILABLE
The location where information about the application may be viewed and the general hours
available.
17.21.77 PROPOSED USE
A description of the type of use being proposed.
17.21.80 SUPPLEMENTARY REVIEW
PROCEDURES
Applications for Variances shall be reviewed and decided pursuant to the standards and
procedures of this Section.
The Board of Adjustment is assigned authority to hear, consider and make
recommendations to the Mayor and City Council on whether to approve, approve with
conditions or disapprove applications on Variance applications. These applications are
reviewed and decided pursuant to procedures in Section 11.21.48 Procedures for
Decisions by Planning Boar&Zoning Commission or Board of Adjustment.
Mirl'"m
A recommendation forApproval or Conditional Approval of a Variance shall require the
Board of Adjustment making each of the following Findings of Fact.
1. Special Conditions
There are special circumstances or conditions that are peculiar to the land or
building for which the Variance is sought that do not apply generally to land or
buildings in the neighborhood, and
2. Not Result of Applicant
The special circumstances or conditions have not resulted from an act of the
applicant or been established to circumvent this Ordinance, and
3 Strict Application Unreasonable
Due to the special circumstances or conditions, the strict application of this
Ordinance would deprive the applicant of reasonable use of the land or building or
create an undue hardship on the landowner, and
4. Necessary to Provide Reasonable Use
Granting the Variance is necessary to provide a reasonable use of the land or
building, and
5. Minimum Variance
The Variance is the minimum variance necessary to allow a reasonable use of the
land or building, and
6. Not Injurious
Granting the Variance will not be injurious to the neighborhood or detrimental to
the public welfare, and
7. Consistent with Ordinance
Granting the Variance is consistent with the purposes and intent of this Ordinance.
A variance to the Allowed Uses of a zoning district is prohibited.
C. CONDITIONS
Conditions or restrictions may be placed on the approval of a Variance.
D. EXPIRATION
A Variance shall expire one (1) year from the date of approval if the next logical step
in the development process is not commenced. The next step in the development
process includes but is not limited to applying for a building permit, commencing the
use or applying for a Development Permit.
17.21.82APPEALS
Any person aggrieved by a decision of the Zoning Administrator, or the Planning BoardYZoning
Commission may appeal the decision to the Board of Adjustment. For the purposes of this
Section an aggrieved person shall be either a person who has submitted an application, received
an interpretation or a person who is adversely affected by an action on an application or by an
interpretation. Appeals shall be submitted, reviewed, and decided pursuant to the standards and
procedures of this Section.
A. INITIATION
An appeal is initiated by the aggrieved person filing a written appeal with the Zoning
Administrator within thirty (30) calendar days of the decision being appealed or within
thirty (30) calendar days of the date the notice appeared in the official paper of the City
of Laurel, whichever is applicable.
B. CONTENTS OF APPEAL
The appeal shall include a statement describing the decision prompting the appeal, the
date of that decision, the basis for the appeal, and all supporting materials related to
the appeal.
C. SCHEDULING OF HEARING
The Board of Adjustment shall schedule a hearing on the appeal within thirty (30)
calendar days of receipt of the written notice of appeal. This deadline may be extended
by the Board of Adjustment if additional time is required to compile information that is
needed to evaluate the appeal.
D. PRODUCE RECORD
The Zoning Administrator shall organize and provide to the Board of Adjustment the
record pertaining to the decision being appealed.
E. HEARING
The appeal hearing shall be conducted in accordance with the Montana Administrative
Procedure Act.
Within thirty (30) calendar days of the close of the heating on the appeal, the Board of
Adjustment shall recommend to the Mayor and City Council to uphold, uphold with
conditions, or overturn the decision being appealed. In rendering the decision on the
appeal, the Mayor and City Council shall have the authority of the decision -maker
whose decision is being appealed.
Article 17.22.60 - ENFORCEMENT
The purpose and intent of this Article is to establish procedures for the City of Laurel to ensure compliance
with this Ordinance and obtain corrections of violations that may occur. /t also establishes remedies and
penalties that apply to violations of this Ordinance.
17.22.20 GENERAL
The standards, guidelines and procedures of this Ordinance shall be enforced by the Mayor and City
Council of the City of Laurel through its authority to abate any violations and enjoin and restrain any person
violating this Ordinance pursuant to Montana law.
17.22.30 VIOLATIONS
Any of the following shall be a violation of this Ordinance and shall be subject to the remedies and penalties
provided by this Ordinance.
A. ESTABLISH USE, STRUCTURE OR SIGN WITHOUT
PERMIT OR APPROVAL
To establish or place any use, structure or sign upon land that is subject to this
Ordinance without all required approvals, permits and certificates.
B. DEVELOPMENT WITHOUT PERMIT OR APPROVAL
To develop, construct, remodel, expand or any other activity of any nature that is
subject to this Ordinance without all required approvals, permits and certificates.
C. ESTABLISH USE OR DEVELOPMENT INCONSISTENT
WITH PERMIT
To engage in a use or develop, construct, remodel or expand a structure or sign, or
any other activity of any nature that is inconsistent with the terms and conditions of any
permit, approval, certificate or any other form of authorization required for such activity.
D. ESTABLISH USE OR DEVELOPMENT INCONSISTENT
WITH ORDINANCE
To use, construct, erect, remodel, expand, maintain or move any building, structure or
sign in violation of any provision of this Ordinance.
E. CREATE A NONCONFORMING CONDITION
To reduce or diminish any lot area or structure setback, or to increase the intensity or
density of any use of land or structure, except in accordance with the standards and
procedures of this ordinance.
17.22.40 CONTINUING VIOLATIONS
After the Zoning Administrator issues a written notice of violation to the owner of the land, building, structure,
or sign that is the subject of a violation, each calendar day the violation remains uncorrected shall constitute
a separate and additional violation of this Ordinance.
17.22.50 RESPONSIBILITY OF
ENFORCEMENT, COMPLIANCE
The Zoning Administrator shall have the responsibility to enforce this Ordinance. The owner of the land,
building, structure, or sign that is subject to a violation has the responsibility to eliminate the violation and
achieve compliance with this Ordinance.
17.22.60 ENFORCEMENT PROCEDURES
In addition to any additional authorities and procedures provided to the City of Laurel by general or specific
law, the following procedures shall apply to the enforcement of this Ordinance.
A. INSPECTION
The Zoning Administrator or his designee shall have the authority to enter onto land
within the boundaries of the City of Laurel to inspect for violations of this Ordinance.
B. WITHHOLD PERMIT
The City may deny or withhold any permit, approval, certificate, or any other form of
authorization required by the provisions of this Ordinance upon determining that an
uncorrected violation of this Ordinance exists on the land, building, structure or sign for
which a permit or authorization is sought.
C. CONDITION A PERMIT
Instead of withholding or denying a permit or other authorization, the City may grant
such authorization subject to the condition that a violation be corrected.
D. REVOCATION OR SUSPENSION OF PERMIT
The Zoning Administrator may revoke or suspend a permit, approval, certificate, or
other authorization upon determining any of the following actions has occurred.
1. Departure from Plans
The actions of the landowner, contractor, developer, or authorized agent of the
owner have departed from the approved plans or specifications, or the conditions
or terms of an approved permit or other authorization.
2. False Representation
The permit, approval, certificate, or other authorization was obtained by false
representation or was issued in error.
3. Violation
A violation exists on the land, building, structure, or sign that is subject to the permit
or other authorization.
The Zoning Administrator may require that work stop on any land, building, structure,
or sign that is subject to an uncorrected violation of this Ordinance or the terms or
conditions of a permit or other authorization. This Stop Work Order may be issued in
conjunction with or separate from a revocation or suspension of a permit.
The City may seek an injunction or other equitable relief in court to stop any violation
of this Ordinance or the terms or conditions of a permit or other authorization.
149.11THURFAMMM
The City may seek a court order in the nature of mandamus, injunction, or other action
to abate or remove a violation and to restore the premises to the condition that existed
prior to the violation.
The city may seek civil penalties and other punishment provided by the law.
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The City shag have any and all other remedies provided by law to enforce this
Ordinance and the terms and conditions or permits, approvals, certificates and other
forms of authorization issued pursuant to this Ordinance.