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HomeMy WebLinkAboutOrdinance No. O96-05 ORDINANCE NO. 096-5 AMEND1NG TITLE 17 OF THE LAUREL MUNICIPAL CODE, ZONING IT IS HEREBY ORDAINED bythe City Council of the City of Laurel, Montana, that Title 17 of the Laurel Municipal Code be mnended as follows: 17.04.020(B)(3) Add at end ofparagraph after the semicolon m~d before the 'and': "to preserve and enhance housing values and maintain residential neighborhood aesthetics; and". 17.08.2t50 Dwelling Change second sentence to read: "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." 17.08.390 Dwelling, Single-Family Change to delete all at~r '--dwelling anit:' in the first paragraph (deletes references to siding and roof pitch, etc.). Add: 17.08.651 Livestock Units Livestock units for the purposes of this section shall be defined as follows:' Livestock Class Livestock Units Cow-mature 1.00 Cow ;vith calf 1.00 Bull-mature 1.25 Bull-yearling .67 Calf-weaned .60 Calf-under six months .25 Steer-one year old .70 Steer-two year old .90 Steer-threc year old 1.00 Heifer-one year old .67 Heifer-two year old .85 Heifer-three year old 1.00 Horse-mature 1.50 Horse with colt 1.50 Colt-weaned .75 Ewe-mature .20 Ewe with lamb .20 Lamb-weaned .10 Lamb-under six months .20 1 Ram-mature .50 Goat-mature .20 Goat with kid .20 Kid-weaned .05 Kid-under six months .10 Hog-mature .50 Hog-weaned .20 Fowl: hens, roosters, or ducks .25 Fowl: turkeys or geese .50 Livestock units for animals not listed herein shall be determined by the Planning Director. 17.08.760: change from Modular or Manufactured Housing Unit to read: Mobile Home (see Manufactured Home Parks, Travel Trailer Parks, and Individual Manufactured Homes) Add: 17.08.761: 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: 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 (40) feet in length and eight (8) feet in width. 2. Manufactured Home, Class A: A manufactured home constructed after January 1, 1990, 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 home has a length not exceeding four times its width; b. The pitch of the unit's roof has a minimum vertical rise of one (1) foot for each five (5) feet of horizontal mn, and the roof is finished with a type of shingle that is commonly used in standard residential construction; c. 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; d. A continuous, permanent masonry foundation, unpierced except for required ventilation and access, is installed under the home; and e. The tongue, axles, transporting lights, and removable towing apparatus are removed after placement on the lot and before occupancy. 3. Manufactured Home, Class B: A manufactured home constructed after January 1, 1990, 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: Any manufactured home that does not meet the definitional criteria of a Class A or Class B manufactured home. 5. Manufactured Home Park: A residential use in which more than one manufactured home is located on a single lot. 6. Modular Home: A dwelling unit constructed in accordance with the standards set forth in the Uniform Building Code, applicable to site-built homes, and composed of components substantially assembled in a 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. 17.08.1120 Trailer or Mobile Home Delete existing definition and insert: See Manufactured Home Parks, Travel Trailer Parks, and Individual Manufactured Homes. 17.08.1140 Trailer or Mobile Home Park Delete. 17.08.1150 Trailer Subdivision or Mobile Home Subdivision Delete. 17.08.1160 Uniform Building Codes Change to read as follows: "Uniform 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 of Lanrel and in that area around Laurel in which Laurel enforces the building code 3 Add 17.12.031: Suburban Residential (SR) Zone This zone is limited to single-family residential tracts on a minimum of five (5) acres of land and on which agricultural uses may be conducted with the exception that animal units shall not exceed five (5) per five (5) acres (see Livestock Units in section 17.08.651). Add 17.08.034: Residential Tracts (RT) Zone This residential zone is designed for single-family residential homes on a minimum of one (1) acre of land and no livestock. Livestock is allowed only on parcels of land five (5) acres and larger and, on such large parcels, must conform to the livestock unit requirements of the Suburban Residential Zone. 17.12.090 Residential Mobile Home (RMH) Zone Change to read: Residential Manufactured Home Zone The residential manufactured home zone is intended to provide a suitable residential environment for individual manufactured homes, manufactured home parks, and competitive accessory uses. Table 17.16.010 Delete R20,000 column and add columns of allowable uses for Suburban Residential and Residential Tracts Zones; delete "Occupied travel trailers and recreational vehicle: Temporary and Nontemporary" uses. Table 17.16.010 SR RT Accessory building or use incidental to any permitted residential use customarily in connection with the principal building and is located on the same parcel as the permitted use A A Animals (see Zoning District description for specifics) A Automobile parking in connection with a permitted residential use A A Boarding and lodging houses Cemetery SR Child care centers SR ' SR Chumhes and other places of worship including parish house and Sunday school buildings A SR Convelescant, nursing homes, retirement homes, orphanages, and charitable institutions A SR Convents and rectories A SR Crop and tree farming, greenhouses, and truck gardening A A Day care centers SR SR Day care home A A Day care facilities SR SR Kennels (non-commercial) A A Dwellings: single-family A A two-family multi-family manufactured homes Class A (allowed in RMH) Class B " Class C " row housing Family day care homes A A Greenhouses for domestic use A A Group day care homes A A Home occupations A A Parking, public SR SR Parks, playgrounds, playfields, golfcoursas, community center buildings operated by public agency or a neighborhood or homeowners association A A Public service installations SR SR Schools including private A A Rehabilitation center SR SR Table 17.16.020 Delete RE20,000 column and add RT and SR columns providing for five acres for one unit in RT and one acre for one unit in SR (and no more), and providing the following set backs, etc.: SR RT Minimum yard setback: from * 25 Side * 25 Side adjacent street * 25 Rear * 25 Maximum height of all buildings 30 30 Maximum lot coverage (percent) 15 30 Minimum size district (acres) 20 5 *All pens, coops, barns, stables, or permanent corrals shall be set back not less than 50 feet from any residence, public road, or water course, and any property line. Correct RMF column to show that two and three units are allowed with 7,500 and 8,500 square feet respectively. 5 In setback requirements section, Minimum yard: change "--city right-of-way" to read "--public right-of-way". Table 17.20.010 Zoning Classified in Districts Add: "Communication towers (commercial)" as a use allowed in all zones except 'P' in which it is an 'SR.' Under "Dwellings:" add after "single-family": Manufactured home, Class A Manufactured home, Class B Manufactured home, Class C 17.40.090(L). Change the off-street parking requirements in the last half of the paragraph to read: "--One space for each employee plus sufficient space to park all company-owned or leased vehicles including passenger cars, trucks, tractors, trailers, and similar motor vehicles, but in no case less than one (1) off-street parking space for each one thousand (1000) square feet of gross floor area;" Add new: Chapter 17.49 Temporary Uses and Structures Sections: 17.49.010. 17.49.020 17.49.030 17.49.040 17.49.050 17.49.060 17.49.070 Intent Temporary Uses in Nonresidential Zoning Districts Christmas Tree Sales in Residential and Agricultural Zoning Districts Roadside Stands Fireworks Stands Construction and Construction Equipment Sheds Temporary Use/Structure Permit Required 17.49.010 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 engress and egress, and other applicable codes in existence at the time of the adoption of this chapter. This chapter shall not apply to sidewalk venders. 17.49.020 Temporary Uses in Nonresidential Zoning Districts. 1. Group 1 Tempora~ Uses. This group consists of temporary uses of property continuing for less than forty-eight (48) hours. Such uses are exempt from this chapter. 2. Group 2 Temporary Uses. This group consists of temporary uses of property continuing for longer than forty-eight (48) but less than thirty (30) days. a. The following are examples of Group 2 Temporary uses: carnivals, circuses, Christmas tree sales, etc b. Supplemental Standards: (1) Two (2) signs not to exceed thirty-two (32) square feet in area and eight (8) 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. (2) Clear sight vision for engress and egress shall be provided as approved by the City Engineer if within the Laurel municipal limits or the County Office of Public Works, if outside of Laurel but within the one (1) mile zoning jurisdiction. (3) Access to any public right-of-way must be approved by the City Engineer if within the Laurel municipal limits or by the County Office of Public Works if outside of Laurel but within Laurel's one (1) mile zoning jurisdicition. (4) Application for a temporary use/structure permit shall be made at the City Public Works Department to t~he Planning Board at least one (1) month ahead of the Planning Board's regularly scheduled meeting date accompanied by a one hundred dollar ($100) application review fee. 3. Group 3 Temporary Uses. This group consists of temporary uses of property continuing for longer than thirty (30) days but less than one (1) year. a. The follow'rog temporary uses may be allowed in this group: (1) greenhouses or other similar seasonal-oriented uses, as determined by the Planning Board, shall be exempt from below subsection (b) Location and Time Restrictions; or (2) Other uses, such as carryout expresso stands, as allowed in the appropriate zoning districts. b. Location and Time Restrictions. (1) 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 7 or any amendment hereto, shall be removed or become a permanent use by complying with the Uniform Building Code, site development standards, and any other federal, state, or local requirements within two (2) years from the date of the enactment of this chapter or any amendment hereto. (2) The owner/operator may, at any time during the two (2) years as a Group 3 temporary use, become a permanent use by complying with the Uniform Building Code, site development standards, and any other federal, state, or local requirements. (3) Any Group 3 temporary use/structure which does not exist upon adoption of this chapter shall meet the supplemental standards in below subsection (c) and shall also be removed when the two (2) year amortization period in above subsection (1) expires. c. Supplemental Standards. (1) Two (2) signs not to exceed thirty-two (32) square feet in area and eight (8) 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. (2) The temporary use must provide sufficient space to accommodate the structure and off-street parking for customer and use-related vehicles. The parking area, driving lanes, and egress/ingress shall be paved, and the site shall be approved by the City Engineer if within the municipal limits of Laurel or by the County Office of Public Works if located outside of Laurel but within its one (1) mile zoning jurisdicition. (3) Clear sight vision for site engress and egress shall be provided as approved by the City Engineer if within the Laurel municipal limits or by the County Office of Public Works if outside of Laurel but within its one (1) mile zoning jurisdiction. (4) Access to public right-of-way shall be approved by the City Engineer if within the municipal limits of Laurel or by the County Office of Public Works if outside of Laurel but within its one (1) mile zoning jurisdiction. (5) Application for a temporary use/structure permit shall be made at the City Public Works Department to the Planning Board at least one (1) month ahead of the Planning Board's regularly scheduled meeting date accompanied by a one hundred dollar ($100) application review fee. 17.49.030 Christmas Tree Sales in Residential and Agricultural 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 (30) days when all of the following restrictions are met: 1. The sale must be conducted on a church or school parking lot premises which provide sufficient space to accommodate the Christmas trees and off-street parking for customer and other sale-related vehicles. 8 2. One (1) sign not to exceed thirty-two (32) 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. 3. A business license must be obtained by the operator if located within the Laurel municipal limits. 17.49.40 Roadside Stands. The sale of flowers or produce at temporary roadside stands shall be allowed when all of th6 following restrictions are met: 1. only items produced on the premises may be sold on the premises; 2. any structure used must be portable and removed after the temporary use/structure ceases to operate; 3. one (1) sign not to exceed thirty-two (32) square feet in area shall be allowed, and such sign shall be removed when the use ceases; 4. the use must provide sufficient space to accommodate the stand and off- street parking for customer and other sale-related vehicles offt~he public right-of-way; and 5. clear vision engress and egress to the area must be provided. 17.49.50 Fireworks Stands. The erection of temporary fireworks stands may be permitted if such meet the following standards: 1. located outside the muncipal limits of Laurel and in non'residential zones; 2. two (2) sign~ not to exceed thirty-two (32) 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; 3. the stand must provide sufficient space to accommodate the stand and off'- street parking for customer and sale-related vehicles off.the Public fight-of-way; and 4. the appropriate permits are received from County Depadments. 17.49.60 Construction or Construction Equipment Sheds. The temporary use of buildings or modular homes for 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. Any such structure cannot be used for sleeping or living purposes and must be removed upon completion of the construction project. 17.49.70 Temporary Use/Structure Permit Required. 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 above. In addition, the property owner shall post a fiiteen hundred dollar ($1,500) money order or cashiers check with the City of Laurel to ensure timely removal of the use and/or structure. 17.72.020 Change title to read: Amendment by City or Planning Board. Delete: "Amendments to this title shall be initiated only in the following manner:" Delete the 'A' in the following paragraph. In front of paragraph 'B', put: 17.72.030 Amendment by Private Property Owner. Delete the 'B' in the following paragraph. 17.72.030 Change to read 17.72.031. 17.72.040 Change to read 17.72.032. 17.72.050 Change to read 17.72.033. 17.72.060 Change to read 17.72.034. 17.72.070 Change to read 17.72.035. This Ordinance changing the Laurel Municipal Code shall become effective thirty (30) days after final passage by the City Council and approved by the Mayur. Introduced on first reading at a regular meeting of the City Council on the 17th. day of September , 1996 by Alderman l~larshal! Passed and adopted by the Laurel City Council on second reading this 3rcl day of December , 1996 upon a motion by Alderman Johnson 10 Approved by the Mayor of the City of Laurel on the 3rd day of December , 1996. Attested by Don Hackman, City Clerk Charles G. Rodgers, Mayor 11