On the agenda: Great Falls meeting — DATA CENTER (Jun 16)

CASCADE COUNTY
PLANNING BOARD
February 17, 2026
09:00 AM
Hybrid Meeting
Board Members: Dexter Busby, Richard Liebert, Elliot Merja, Makenzie Rummel, Bruce Moore, Beth
Schoenen, and Rob Skawinski.
NOTICE: PURSUANT TO MCA 2-3-212(1), THE OFFICIAL RECORD OF THE MINUTES OF THE MEETING IS IN
AUDIO FORM, LOCATED AT CASCADECOUNTYMT.GOV AND THE PLANNING OFFICE. THIS IS A WRITTEN
RECORD OF THIS MEETING TO REFLECT ALL THE PROCEEDINGS OF THE BOARD. MCA 7-4-2611 (2) (B).
TIMESTAMPS ARE INDICATED IN RED, WITHIN EACH AGENDA ITEM BELOW, AND WILL DIRECT YOU TO
THE PRECISE LOCATION SHOULD YOU WISH TO REVIEW THE AUDIO SEGMENT.
THESE MINUTES ARE PARAPHRASED AND REFLECT THE PROCEEDINGS OF THE CASCADE COUNTY AND
PLANNING BOARD ARE CONSIDERED A DRAFT UNTIL FORMALLY APPROVED BY PLANNING BOARD.
STAFF ATTENDEES: Mike Harris, Mykenzie Eliason, Raina Leavens, Marisa Anderson, Michele Levine, and
Carey Ann Haight
PUBLIC ATTENDEES: Mitchell Peters, Paul Wages, Gene Lemelin, Kaylee Harris, Bill Brunson, Ted Stimac,
Kate McKainey, Russell Martello, Mark Leo, Margi Schmidt, Sue and Les Thario, Allan Birky, and Art Schmidt.
ONLINE ATTENDEES: Richard Liebert, Beth Schoenen, Mackenzie Rummel, Cindy Hallen, Ron Van Voast,
edsch, Rachel’s Iphone, Harold Wormington.
CALL TO ORDER: Chairman Elliot Merja called the meeting to order at 09:07 AM
ROLL CALL: 00:00:17
BOARD MEMBERS PRESENT: Dexter Busby, Richard Liebert, Elliot Merja, Burce Moore, Mackenzie
Rummel, Beth Schoenen.
BOARD MEMBERS ABSENT: Rob Skawinski.
APPROVAL OF THE MINUTES: 00:01:40
A. Approval of January, 20, 2026, Draft Meeting Minutes
Board Discussion & Decision
Elliot Merja: asks if there are any corrections or additions that the Board saw.
Dexter Busby: says no.
Elliot Merja: says that if there’s nothing to change or add, he’s entertain a motion.
Dexter Busby: makes a motion to accept the minutes.
Bruce Moore: seconds.
Elliot Merja: asks for any other discussion. Hearing no other discussion, he calls for a vote.
All in favor, motion carries 6-0
OLD BUSINESS: None. 00:02:34
Elliot Merja: says that there is no old business and that the Board will go onto new business.
Page 1 of 11

NEW BUSINESS: 00:02:35
A. A. Birky Subsequent Minor Subdivision
1. Staff Report & Discussion
Elliot Merja: Raina if she is presenting the Staff Report.
Raina Leavens: Confirms. This is the preliminary plat subdivision plat application of A. Birky
Subsequent Minor, located in Lot 1 of Certificate of Survey 3911, Section 31, Township 21 North,
Range 3 East, Cascade County, Montana. Backcountry survey and engineering, and frontage
properties are the applicants and owners of record. Existing zoning is in the Light Industrial zoning
district. The purpose is to create 3 new lots. The requested action is to recommend conditional
approval of A. Birky Subsequent Minor subdivision preliminary plat. The proposed subdivision
meets the requirements of the Cascade County subdivision regulations, as well as Montana's
subdivision and surveying laws and regulations, and is in general compliance with the Cascade
County Growth Policy, if approved with the 18 conditions in the Staff Report.
Elliot Merja: says thank you and ask the Board if there are any questions.
Richard Liebert: asks if the developer is here today and what commercial interests may go into
these lots.
Elliot Merja: asks if that was in their application.
Raina Leavens: says they are in Light Industrial, but they did not say who or if they already had plans
for occupying the lots.
Elliot Merja: says they will ask when the developer comes up to speak. He asks about the fire cistern
requirement.
Raina Leavens: says it depends on the subdivision and what the Volenteer Fire Department
approves. The applicants have not submitted their plan fire protection plan yet.
Elliot Merja: asks if there are any other questions from the Board.
Dexter Busby: asks about the HOA requirmet.
Raina Leavens: asks for clarification.
Dexter Busby: says it’s condition 16.
Raina Leavens: says they have the option if they want an HOA, but they don't have to. It's not a
requirement. No, that's an either-or. If they want it in the HOA or on the final plat, it has to be in
one.
Elliot Merja: asks if there are any other questions. Seeing none, he asks if the developer would like
to speak.
Alan Birky: says that there are no specific plans for it yet, commercial wise.
Elliot Merja: calls for proponents. Seeing none, he calls for opponents. Seeing none, he goes back
to Board Discussion and Action.
2. Board Discussion & Action: 00:15:06
Elliot Merja: asks for a motion.
Richard Liebert: After consideration of the staff report and findings of facts, adoption of said staff
report and findings of facts, and approve A. Birky Subsequent minor subdivision preliminary plat,
subject to the following conditions, as already stipulated.
Dexter Busby: seconds.
All in favor, motion carries 6-0
B. Bunny Run Major Subdivision: 00:16:22
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1. Staff Report & Discussion
Marisa Anderson: This is the preliminary plat application for Bunny Run Major Subdivision, located
at parcel No. 1 of certificate of survey S0004332, located in the SW ¼ and Government Lot 9 of
Section 1, the SE ¼ of Section 2, the NE ¼ NW ¼ and Government Lot 1 of Section 11, the N ½ NW
¼, NE 1/4, and Government Lots 2 & 3 of Section 12, T19N, R2E, P.M.M., Cascade County, Montana
and is identified as Parcel #2320500 and Geocode 02-2891-01-3-01-01-0000. The existing zoning
is Rural Residential 5. The purpose is to create 24 lots, 20 of those lots being residential and 4 lots
being open space lots. The recommended action is to conditionally approve the Bunny Run Major
Subdivision Preliminary Plat & Subdivision Variance application. There were two comments
received after the staff report was written. One by Rob and Cindy Hallen saying they have concerns
in an attached letter. The second comment is on behalf of the Blue Heron HOA from Paul Wages,
who writes that Sunflower Lane is a private private road maintained by the Blue Heron HOA and
they would like a maintenance agreement with the Bunny Run subdivision as they will share traffic
impact.
Elliot Merja: asks for clarification on the status on Sunflower Lane and if it’s a private or a county
maintained road.
Marisa Anderson: says it’s a county road and there is some asphalt, but once it transfers over to
Sunfower Lane it does go to gravel.
[Some people from the audience speak over each other]
Elliot Merja: says that public comment will come after the Board asks the Staff their questions.
Continues to say that as far as we understand, the road is paved, but we don’t quit know where
that changes and where it becomes private.
Marisa Anderson: says that she believes, it does show that it is county-owned, or countymaintained, that's all asphalt.
Elliot Merja: asks if there are any other questions for Staff.
Richard Liebert: asks if its possible to show the maps on the screen, to show the flood zone
affected parcels and the road issue. And for legal, are there any legal implications or
consequences for nullifying the flood hazard evaluation. He’s just putting that out there, but we
can focus on the roads first.
Beth Schoenen: says that the road that goes up to basically Gore Hill, it’s pretty rutted out, but
she thinks it is private and she thinks that definitely warrants consideration.
Elliot Merja: says that he has been on that road and asks what the name of it is and if it’s private
or public.
Beth Schoenen: says she think Comer Hill Road and that it is private because the HOA is always
trying to raise money for road maintenance. She believes its the United Materials gravel pit up
there, as well. So she can see how that would be the easiest way for construction vehicles to
come down.
Elliot Merja: asks for clarification that the blue on the map is the subject property, but is not the
FEMA part.
Mike Harris: explains that the criteria for an additional flood hazard evaluation isn't needed in this
circumstance, because the stream in question requires an additional
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flood hazard evaluation when there's no study that has been done, but on the Missouri, studies
have been done. So, it is advertised as a variance, so we went through with it as a variance,
because that's what was presented. But, no variance is actually required, and it is my
recommendation that no variance be included in any recommendations to the County
Commission.
Michele Levine: And just for specificity, that was 10-14 of the subdivision Regulation Subpart B
not being applicable for the reasons stated by Mr. Harris.
Elliot Merja: asks about the lots along the river being shown on the FEMA flood map.
Michele Levine: asks if the FEMA Map can be shown on the screen.
Mike Harris: says that he should add, that if anything is built in the future in these to be rezoned
into open space lots, that will trigger a floodplain permit and location/conformance permit.
Elliot Merja: says ok. Asks if there are any other questions.
Dexter Busby: says he is concerned about the 9% grade one of the public comments that was
read into the record mentioned. He says that doesn’t meet any road specifications as far as he is
aware.
Elliot Merja: says he doesn’t know if it’s 9% but it is fairly steep. Asks what map is on the screen
now.
Mykenzie Eliason: says that it is the FEMA Flood Hazard Map, but it’s being a little slow this
morning, but it might work now.
Elliot Merja: says most of that is covered by them rezoning the affected lots into open space and
not building in that area. He was mostly curious about boundary.
Beth Schoenen: asks abou the water rights and that they are being appropriately distributed.
Elliot Merja: says that there was a provision for the water rights to be transferred and such from
the land to the owners and it stays with the land.
Beth Schoenen: says that she saw that and that they, as a Board, have to be a bit careful and to
make sure that that has been addressed by the developer.
Elliot Merja: asks for any other questions from the Board. Seeing none, he asks if the developer
would like to speak.
Ted Stimac: introduces himself as the developer and says he is with Four Bears LLC. TD&H and the
developer have been working with DNRC to redistribute water rights from the well that was used
for the old golf course for domestic water.
Elliot Merja: clarifies that this area is the old Gannon Golf Course at one time.
Ted Steymac: says yes.
Dexter Busby: asks how accurate the 9% grade and right angle turn is.
Ted Stimac: says it is an asphalt road and he is happy to point to it on the map and explain a bit.
This is Sunflower Lane, and that's where it ends, and the asphalt runs all the way to here, and
then it goes up Comer Hill. And there's concerns about that with the HOA and he’s hoping to get
a road agreement between the two.

Page 4 of 11

Elliot Merja: clarifies that the road that he’s pointing to ends about where the green line is on the
screen, is where the county jurisdiction ends.
Ted Stimac: says he believes that to be true.
Elliot Merja: asks which HOAs are affiliated with the maintenance of Sunflower Lane.
Ted Stimac: says Blue Heron HOA and Grandview Estates manages Richards Lane and Comer Hill.
Elliot Merja: asks where Blue Heron starts and his starts.
Ted Stimac: says that it is approxamatley two miles to where they start.
Elliot Merja: asks if there are any other questions for the developer.
Elliot Merja: asks that he has been in contact with surrounding HOAs regarding the roads.
Ted Stimac: says yes. Moreso Blue Heron HOA, but he has met with one officer from Comer Hill
recently and they would like to develop a shared road agreement. Three of the lots would be
using Richards Lane for access and it was his intention for those lots to be involved with Granview
Estates via road use agreement or to be voted in. That hasn’t been decided yet, but they are in
negotioations with these groups.
Elliot Merja: asks for other questions.
Michele Levine: asks for timelines on the road agreements.
Ted Stimac: says they don’t have anything signed yet and he doesn’t know what the requirements
are.
Mike Harris: asks for clarification that there is legal and physical access into the property itself for
use currently.
Ted Stimac: says he wishes he has his engineer here, because he doesn’t know that for a fact.
Mike Harris: says that legal and physical access is a requirement.
Elliot Merja: says that would be whether it is a county or any HOA or whatever road, agreements
would have to be in place prior to this being accepted.
Mike Harris: says you could have a county, public, or private situation on those roads or a
combination of all three.
Elliot Merja: says that it appears that most of the roads are private.
Dexter Busby: asks if there are maintence agreements in place.
Ted Stimac: says he is unsure or would need clarification. The ordincance for the road are each
individual homeownertha the road crosses and that would be covered under the Blue Heron HOA
agreement.
Dexter Busby: says he doesn’t know how their easement is written, but generally that it’s the
owners of the land that do border the road.
Ted Stimac: says that his land crosses and goes up against railroad land.
Dexter Busby: says he highly recommends a landowner agreement for maintence or theres going
ot be a mess.
Ted Stimac: says he thinks that’s addressed.
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Elliot Merja: says that it is addressed in here and he doesn’t have the agreements in place yet.
Mike Harris: says that since Comer Hill was mentioned, it is not a primary access point into Bunny
Run.
Ted Stimac: says that is correct, but it is the fastest route for the fire department.
Elliot Merja: asks if there are any other questions. Seeing none, he asks for proponents.
Paul Wages: he is the president of the Blue Heron HOA and the one who drafted the letter Marisa
Anderson read into the record. The 90 degree turn was put in by the original developer and was
put in to avoid crossing state land. It’s a probablatic turn, but it is a known problem. There are
about 40 members of the Blue Heron HOA and many would like to see Bunny Run so that costs
for road maintence could be shared. They’ve asked for a road use agreement for Sunflower Lane
and the gravel roads within. There hasn’t been a formal vote or assessment yet. There have been
some flood issue and maps were redrawn in 2011. His preference is to combine the two
subdivisions under Blue Heron, but at least have a road agreement to share costs.
Elliot Merja: asks if they have an RSID already.
Paul Wages: says they don’t and he doesn’t think it would get approved by the HOA since it needs
100% approval.
Michele Levine: says its 85%.
Paul Wages: says they haven’t gone down that road. Since he’s lived out there in 2018 theres
been an extrordanary amount of development so the usage is getting more and more.
Elliot Merja: asks that his HOA has maintence requirements.
Paul Wages: says yes and that’s why they want Bunny Run to be included or at least have a road
agreement. They have asked heavy heavy commercial vehicles to use Comer Hill to protect
Sunflower Lane, but Comer Hill is prone to wash boards but its not a very nice road. The HOA
maintains and clears the road of snow as it is private and not a county road.
Elliot Merja: asks if that’s contracted out.
Paul Wages: says its contacted out, but some of it is done by themselves. The HOA fee is mainly
for the road expenditures.
Elliot Merja: asks the Board for any more questions. Seeing none, he asks for any other
proponents.
Kate McKainey: introduces herself and says she si the secretary for the Grandview Estates, but
she is speaking for herself. Having more people out there will help with the road improvements,
so she is pro this subdivision, pending the road agreements.
Elliot Merja: asks how many people are in her HOA.
Kate McKainey: says 25. And there are about 2 miles of paved road and after that it is gravel. The
gravel part is steep and rutted, with heavy traffic.
Elliot merja: asks how much of that is county.
Kate McKainey: says that the entire part is private and they maintain it, but would love it if the
county wanted it.
Elliot Merja: says says thank you and asks for other proponents.
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Margie Schimdt: says that the Bunny Run subdivision will blend in with the surrounding area, but
there is a gap with the traffic study. As mentioned by others, the surrounding roads have issues
and additional development will increase those issues and it needs to be addressed. She isn’t
against Bunny Run, but the roads are her main concern.
Elliot Merja: asks for any other proponents. Seeing none, he asks for opponents.
Sunday Rossberg: says that there are a number of issues that haven’t been looked at yet. The
main one is the roads. There aren’t any agreements yet and the egress-ingress into the
subdivision are through private road of Sunflower Lane. The fire plan isn’t finalized yet and the
roads are bad. The road agreement would have to go to the annual meeting and that hasn’t
happened yet. The wind is really bad out there and so is the dust. There’s a lot of wildlife habit at
there with falcons and other birds of prey in the area. During development and noxious weed
managment, there might be issues with chemicals in the soil. This meeting is premature because
the other HOAs need to have a vote about the road agreements.
Elliot Merja: asks for questions and any other opponents.
Mykenzie Eliason: says there are some online.
Elliot Merja: says he will ask for in person opponents one more time and if there aren’t any, then
he will ask for online comment.
Ciny and Ron Hallen: [online] says that they submitted the letter online that was read. They are
worried aout the roads, but also the changing demographics. They bought this house to bein the
country, not in a residential area. They are worried about percolation tests and the amount of
septics that ouwld be added with this subdivision. They are worried about people building in the
floodplain and the variance being given. They are worried about school buses and traffic speed at
the 90 degree turn.
Board Discussion & Action: 01:36:31
Elliot Merja: asks for any more opponents. Asks for informational witnesses, not for or against.
Seeing none, he closes the pblic comment period and comes back to the Board. For public
information, he adds that the DEQ is who regulates the water quality and such and the applicants
have information on that in the application. For the roads, they won’t be approved until there is a
plan in place.
Michele Levine: recommends that they make that a condition of approval.
Elliot Merja: clarifies that if these were county roads, they’d have to get county approval, but
since they are private, they have to get approval from the HOAs and those provisionsa re not
currently in the list of conditions.
Michele Levine: says correct. Adding a condition would mitigate the road impacts and it’s a
response to public comment, subject to Section 76-3-615of the MCA. The Board has received
additional information about th subdivision and may respond by adding conditions of approval to
mitigate those impacts.
Mike Harris: clarifies that as we look at road impacts, we can’t require them additional beyond
what they are creating. If there are existing problems, we can’t force them to bear the cost.
Elliot Merja: says that they have to have an equitable share of cost, like an RSID.
Michele Levine: says yes and they need to have evidence of legal and physical access prior to final
plat approval. The subdivider has said he, is seeking to obtain, shared road use agreements. And
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they will have proportional use of… on access on those roads, including, Sunflower and Comer
Hill. So you can require the subdivider to obtain road use agreements with the Blue Heron HOA
and the Grandview Estates HOA or their proportional use of the roads.
Elliot Merja: clarifies for all the roads entailed within the subdivision.
Dexter Busby: asks if that has to be added into the condition.
Michele Levine: says yes and she has the legal wording for the Board. Add a condition of approval
that says the subdivider shall provide evidence of legal and physical access prior to final plat
approval. And then the second one, the subdivider shall obtain road use agreements with, Blue
Heron HOA and Grandview Estates/Hamilton Place HOA for the applicable roads that access the
Bunny Run subdivision.
Richard Liebert: asks that those two amendments would be amended with our approval into the
main motion.
Michele Levine: says yes, there would be 20 conditions of approval, instead of the original 18.
Richard Liebert: asks if the 90 degree turn can be mitigated with signage.
Elliot Merja: asks if there is a name change from where county jurisdiction ends.
[Someone from audience]: says that Flood Road is where it is county maintained and then
Sunflower Road is where it is private.
Ellitot Merja: says ok. His understanding is that if they approve, they approve it with the two
additional conditions, making sure the road issues are mitigated. Those conditions will have to be
met prior to final plat approval. The DEQ requirements have already been met.
Dexter Busby: asks if the Staff report needs to be fixed before the board can make a motion.
Mike Harris: says that the conditions being put in fix those issues.
Dexter Busby: also asks about the traffic analysis and if that’s correct.
Mike Harris: says that the engineering frm fo the project would have done that analysis.
Michele Levine: says that the proposed conditions will address those concerns and if additional
traffic will exceed the traffic impact study.
Bruce Moore: says that the way it’s written sounds like the 16 houses will only have 9 trips per
day.
Dexter Busby: agrees and says that why he is wondering if there is an error.
Raina Leavens: explains that it’s an approximate 189 trips per day and the 9.43 is trips per unit.
Elliot Merja: says that has to be corrected in the report.
[Inaudable]
Mike Harris: says that is using the ITE trip generation manual.
Michele Levine: says that is number 5 that would be corrected in the staff report in special
information.
Elliot Merja: says that still gets covered under the proposed additional conditions. He then asks if
there are any more questions from the Board. Seeing none, he entertains a motion.

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Dexter Busby: I move that Cascade County Planning Board recommend, after consideration of the
staff report and findings of fact, adoption of said staffing report and the finding of facts, and
approve the Bunny Run subdivision preliminary subdivision variance to nullify the requirement of
flood hazard evaluation, subject to the following conditions 1 through 20 with corrections to the
Staff Report.
Michele Levine: says number 19 will be shall be that the subdivider shall provide evidence of legal
and physical access to the subdivision prior to final plat approval. And then 20 would be that the
subdivider shall obtain road use agreements with Blue Heron Homeowners Association,
Grandview Estates Homeowners Association and Hamilton Place Estates Homeowners
Association for the applicable roads that access the Bunny Run subdivision, including, but not
limited to, Comer Hill Road and Sunflower Lane.
Dexter Busby: asks if they have to fix condition 12.
Mike Harris: asks what’s wrong with number 12.
Elliot Merja: says that there are requirements for the minimum amount of gallons an on-site fire
cistern has to have, and condition 12 doesn’t state how many.
Michele Levine: asks if Staff has those numbers.
Marisa Anderson: says she had that written in the report, but something went wrong.
Michele Levine: asks if the Board wants to amend number 12.
Raina Leavens: says she thinks their plan is to use that old pond. They're using a fill site as a pond.
Okay. And they do have the numbers of what the pond capacity is, and then they're also
retrofitting it so that Gore Hill could use it. So the applicant did provide that information, so we
can get that updated.
Elliot Merja: says that as long as they have the numbers, fire department approval, that’s ok prior
to final plat approval.
Michele Levine: says that 12 will be amended to be filled out by the Planning Department.
Elliot Merja: adds that it also meets the fire department requirements. Asks for any other
questions form the Board.
Bruce Moore: seconds the motion.
Richard Liebert: asks if there was a second on the motion.
Elliot Merja: says yes Bruce Moore just did. Says that the motion has been moved and seconded
and asks for any further discussion.
Richard Liebert: says that he has a few comments to make. The Board is an advisory Board and
this isn’t the final decision, just recommendations as it goes through the process.
Elliot Merja: asks for further discussion. Hearing none, he asks for a vote.
All in favor, motion carries 6-0
Elliot Merja: thanks the public for coming and the public comment.
[The Board gives the public a few minutes to clear the room before the next agenda item
Page 9 of 11

C. Planning Board Review of Proposed Zoning Amendments & Recomendations: 01:59:48
1. Board Discussion
Elliot Merja: says that we have some more zoning amendment review.
Mike Harris: says that this is a public hearing and the January meeting minutes are incorporated
into these changes. Our regulations specifically call out a public meeting with the Planning Board,
hence this meeting.
Michele Levine: asks if the door can be opened if it’s closed.
Rhonda Wiggers: says no.
Michele Levine: says it needs to stay open, then.
Mike Harris: says that he is not going to go line by line through these changes, since that happened
last month, but comments have been considered and incorporated. He outlines the process of the
Notice fo Intent and the 30 day comment period. A big part of this change is clarifying that
The way our regulations are currently written we define every use type as a district. So, ag district,
mixed-use district, mixed-use 20 district, so that's why amending one parcel created such a
problem. In this revision, no actual approved uses are changing. It's just procedural. The overall
impact of it, we've got Amendments 1 and 2 proposed streamlining the administration of zoning
regulations on properties within the county jurisdiction, comply with the statutory requirements
implemented in the 2025 Montana legislative session. We need to change the individual section of
the CCZR is numbered 1A or 2A. Overall impact, compliance with the Montana Code Annotated.
We have to clarify the authority and proposed use of the regulations to streamline and increase
efficiency with the administration and application for zoning regulations to the property in the
county jurisdiction, and to address future amendments to the MCA to avoid conflicts between the
CCZR. The majority of it are in the amendments, 1A through 1G, and we are authorized to enact
zoning in two ways by the regulation, by a regulation or by individual zoning districts with zoning
regulations. None of the proposed amendments will have any impact on the specified zoning in
accordance with the growth policy. 1B is design criteria regulations. That's the other area that is
specific to it. And that design criteria is to secure the safety from fire and other dangers. Two,
promote public health, public safety and general welfare, and three, facilitate the adequate
provision of transportation of water, sewerage, schools, parks, and their public requirements. Since
the proposed amendments of 1 and 2 address statutory and procedural changes, but not the
specific design criteria, general character, or authorized uses, the change will not have any impact
over the current CCCR.
Elliot Merja: asks if the Board has any thoughts or questions. Seeing none, he opens to the
proponents.
Rhonda Wiggers: asks if the last month’s comments are on record and being considered.
Elliot Merja: says yes, they are.
Rhonda Wiggers: says that makes it easy and she has nothing to add since January.
Elliot Merja: asks for any other proponents. Seeing none, he asks for opponents. Seeing none, he
returns to Board Action and Discusion.
2. Board Discussion & Action: 02:11:25
Michele Levine: asks if the recommended changes from the January meeting by Carey Ann Haight
will be incormpoarted.
Elliot Merja: says yes.
Bruce Moore: I move the Board recommend and proposed amendments to the Cascade County
Zoning regulations as presented and discussed in the minutes of the January 20th, 2026 board

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meeting, and at the February 17th, 2026 Planning Board Hearing, be forwarded on to the Board
of County Commission.
Elliot Merja: asks for a second.
Dexter Busby: seconds.
Elliot Merja: asks for any further discussion. Hearing none, asks for a vote.
All in favor, motion carries 6-0
PUBLIC COMMENTS REGARDING MATTERS WITHIN THE BOARD’S JURISDICTION: 02:12:48
Elliot Merja: asks if there are any other public matters. Hearing none, he moves on.
Adjournment at 09:24 AM 02:13:40
Elliot Merja: motions to adjourn the meeting.
Dexter Busby: so moved.
All in Favor, motion carries 6-0.

Page 11 of 11

CCZR Revised,6.9.26.merge
Main document changes and comments
Page 1: Added

Harris, Michael

4/29/2026 12:59:00 PM

4/29/26
5/8/2026
Page 1: Added

Harris, Michael

6/11/2026 11:05:00 AM

Page 1: Added

Harris, Michael

6/11/2026 11:05:00 AM

6/11/26
Page 1: Added

Harris, Michael

6/11/2026 11:05:00 AM

There is an exported pdf that list out all
tracked changes in the document with
notes and page references that
accompanys this draft.
Page 4: Commented [MH1]

Harris, Michael

6/11/2026 11:01:00 AM

This is the second round of zoning amendments. These amendments have been a frustrating
undertaking primarily due to the formatting of the document and software issues.
It is recommended the document formatting be reorganized into a modern usable regulation.
Page 4: Added

Harris, Michael

4/29/2026 1:27:00 PM

Harris, Michael

6/11/2026 5:30:00 AM

Harris, Michael

6/11/2026 10:58:00 AM

& 203
1.1
Page 4: Commented [MH2]

Correct Citation
Page 4: Commented [MH3]

Added to eliminate the lengthily application responses for zoning permits attempting to explain how it

meets the growth policy.
Page 4: Commented [MH4]

Harris, Michael

6/9/2026 12:49:00 AM

Changing the interpretation and conflict with other laws to be the same as the subdivision regulations.
Page 4: Added

Harris, Michael

6/9/2026 12:47:00 AM

Under the CCR the responsibility of interpretation on any question that arises concerning
any provision or the application of any provisions of these regulations, the Zoning
Administrator, in consultation with the County Attorney’s Office as deemed necessary,
shall be responsible for such interpretation and shall look to the overall intent of these
regulations for guidance. The Planning Administrator shall provide such interpretation in
writing to the applicant upon request and keep a permanent record of said interpretations.
The responsibility for interpretation shall not be construed as overriding the
responsibilities of any commission, board, or official named in other parts of these
regulations.
Page 5: Added

Harris, Michael

6/9/2026 3:10:00 PM

Under the CCZR “zoning” has two meanings when addressing permitting.
The use of zoning is different than physical improvements. For example, if a landowner of 20
acres zoned Mixed Use wants to put up a steel building for his construction yard, the building
would need to meet the physical zoning requirements for its construction, and the use would
need to be an approved use within the Mixed-Usee zoning.
The physical construction of the property can change just like the use can at any point in the
future. If the same landowner sells the property, the building will remain and be following
zoning. If the new owner decides to change from a construction yard and instead opens a
Bar/Restaurant/Casino, they would no longer be compliant with zoning and would need a new
Location Conformance Permit or possibly a special use permit.
In the CCZR there are construction design standards for the physical development of the property
and use classifications for the use. Changing use will often require changes to the physical
development of the property. In the scenario above the change in use from a construction yard
to a bar and casino would have significant changes in the need for utilities, infrastructure,
parking, fire and police protection, and increased traffic.
Page 5: Commented [MH5]

Harris, Michael

6/11/2026 8:21:00 AM

This was added to help explain to staff and public the difference between the “use” of the land and the
“physical improvements” of the land.
Page 5: Added

Harris, Michael

6/9/2026 2:11:00 PM

and Interpretation
1.1
Page 5: Added

Harris, Michael

6/9/2026 2:11:00 PM

Harris, Michael

6/9/2026 2:11:00 PM

Harris, Michael

6/9/2026 2:10:00 PM

Harris, Michael

6/9/2026 2:10:00 PM

Harris, Michael

6/9/2026 2:10:00 PM

A.
Page 5: Deleted

These Regulations are permissive.
Page 5: Deleted

permitted
Page 5: Added

defined as Primary
Page 5: Deleted

shall not be allowed within the Zoning Jurisdictional Area. Unless preempted by the MCA.
Page 5: Added

Harris, Michael

6/9/2026 2:10:00 PM

shall be considered Conditional, Special or Unclassified Uses.
B. When it is unclear if the use fits under an existing definition the Zoning Administrator shall
make a determination as to the specific use and what land use it fits under. All determinations
shall be documented and retained in an appendix. The Zoning Administrator shall notify the
BOCC, ZBOA and Planning Board of the determination of the specific use.
Page 5: Commented [MH6]

Harris, Michael

6/11/2026 8:23:00 AM

This round of amendments eliminates repetitive definitions by combing them under more general
categories. I added an actual process for interpreting when a definition is in question as to the use
meaning.
Page 6: Commented [MH7]

Harris, Michael

6/11/2026 8:24:00 AM

ADDING THIS IN BECAUSE BEFORE THIS IS FINALIZED I WANT TO CONSIDER REORGANIZING
AND GROUPING THE REGULATION TOGETHER FOR EASIER USE.
Going forward each update will have an index of what changed from previous versions.
Page 7: Commented [MH8]

Harris, Michael

6/11/2026 8:28:00 AM

REMOVING ROUGHLY 90 DEFINITIONS THAT ARE REPETITIVE, CONFLICTING WITH OTHER
REGULATIONS, CONFLICTING WITH STATE LAW OR NEVER USED.
Page 7: Deleted

Harris, Michael

4/29/2026 1:33:00 PM

ABANDONED BUILDING
Any vacant building which is frequented by persons who are not lawful occupants of such
structure; or any vacant building which by reason of lack of maintenance or by reason of the
boarding up of its doors and windows, or other reasons, has a substantial adverse effect on
the value of property in the immediate neighborhood.

ABANDONED ITEM
Any item which has ceased to be used for its designed and intended purpose. The factors
used in determining whether or not an item has been abandoned, include but are not limited
to the following: (a) present operability and functional utility of the item; (b) the date of last
effective use of the item; (c) the condition of disrepair or damage; (d) the last time an effort
was made to repair or rehabilitate the item; (e) the status of registration or licensing of the
item; (f) the age and degree of obsolescence; (g) the cost of rehabilitation or repair of the
item when compared to its market value; or (h) the nature of the area and location of the
item.
Page 7: Formatted

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6/9/2026 3:37:00 PM

Delete, Space Before: 0 pt, Add space between paragraphs of the same style
Page 7: Added

Harris, Michael

4/29/2026 1:38:00 PM

Harris, Michael

6/11/2026 11:02:00 AM

By MCA.
Page 8: Added

ACCORDANCE WITH THE GROWTH POLICY:
Page 8: Commented [MH9]

Harris, Michael

6/11/2026 11:03:00 AM

Use the same definitions of how the Growth Policy is used as guidance but not regulatory in sub regs and
zoning regs.
Page 8: Deleted

Harris, Michael

4/29/2026 1:40:00 PM

ADMINISTRATIVE GOVERNMENT CENTER
A place and/or building, or portion thereof, that is used or is intended as a governmental
office or administrative facility; the term includes post offices, courthouses, correctional
facilities and the like.
Page 8: Added

Harris, Michael

4/29/2026 1:40:00 PM

Harris, Michael

4/16/2026 11:03:00 AM

ADJACENT
ADJOIN
Page 8: Added

AGRICULTURAL ACTIVITIES
Agriculture activities are defined by 76-2-902. "Agricultural activity" means a condition or activity
that provides an annual gross income of not less than $1,500 or that occurs on land classified as
agricultural or forest land for taxation purposes. The condition or activity must occur in
connection with the commercial production of farm products.
Page 8: Deleted

AGRICULTURAL COMMODITY

Harris, Michael

4/29/2026 1:42:00 PM

Any commodity produced from an agricultural use. This includes, but is not limited to,
livestock, raw milk, grains, soybeans, hay, corn, timber, honey, fish, fruits, vegetables,
crickets, or oil seeds.
Page 8: Formatted

Harris, Michael

6/9/2026 3:37:00 PM

Delete, Space Before: 0 pt, Add space between paragraphs of the same style
Page 8: Commented [MH10]

Harris, Michael

4/29/2026 1:43:00 PM

Harris, Michael

4/29/2026 1:44:00 PM

Covered by ag activities
Page 10: Deleted

ALLEY
A narrow service way, not less than sixteen (16) feet wide, which provides a secondary public
means of access to abutting properties.
Page 10: Formatted

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6/9/2026 3:37:00 PM

Delete, Space Before: 0 pt, Add space between paragraphs of the same style
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Harris, Michael

4/29/2026 1:44:00 PM

ANIMAL DEALER
Any person who, in commerce or for compensation or profit, delivers for transportation, or
transports, buys, sells or negotiates the purchase of any animal (alive or dead, including
unborn animals, organs, limbs, blood, serum or other parts) for research, breeding, teaching,
testing, experimentation, or exhibition or as a pet.
ANIMAL FEEDING OPERATION (AFO)
A lot or building where the following conditions are met: (a) small or large livestock animals
(other than aquatic animals) have been, are, or will be stabled or confined and fed or
maintained for a total of 30 days or more in any twelve (12) month period; (b) crops,
vegetation, forage growth, or post-harvest residues are not sustained in the normal growing
season over any portion of the lot or building.
ANIMAL PRODUCTION
To raise animals as a process of producing a commodity or multiple commodities. This
includes livestock ranching/farming on open range pasture, equine production, apiculture,
aquaculture, entoculture.
Page 10: Formatted

Harris, Michael

6/9/2026 3:37:00 PM

Delete, Space Before: 0 pt, Add space between paragraphs of the same style
Page 10: Commented [MH11]

Harris, Michael

4/29/2026 1:44:00 PM

Harris, Michael

6/9/2026 3:06:00 PM

Harris, Michael

4/29/2026 1:46:00 PM

longer in code
Page 10: Formatted

Highlight
Page 11: Deleted

APIARY
A place where bee colonies are kept.
APICULTURE
To raise bees through the maintenance of one (1) or more apiaries as a process of producing a
commodity or multiple commodities.
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6/9/2026 3:36:00 PM

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Harris, Michael

4/29/2026 1:46:00 PM

AQUACULTURE
To farm raise or produce aquatic animals or plants, in controlled or selected aquatic
environments, as a process of producing a commodity or multiple commodities.
Page 11: Deleted

Harris, Michael

4/29/2026 1:47:00 PM

AUCTION SALES
A place and/or building, or portion
thereof, that is used or is intended to be
used for auctioning goods to the general
public; the term does not include estate
sales and the like. Vehicle auctions are
considered as vehicle sales and rentals.
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Harris, Michael

6/9/2026 3:36:00 PM

Title CCZR, Space Before: 0 pt, Add space between paragraphs of the same style
Page 11: Deleted

Harris, Michael

4/29/2026 1:47:00 PM

BREEZEWAY
A roofed passageway open on at least two sides, connecting the main structure on a site with
another main structure or accessory use on the same site.
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Harris, Michael

4/14/2026 7:35:00 PM

Harris, Michael

4/14/2026 7:35:00 PM

YARD
Page 11: Added

SETBACK
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Harris, Michael

4/29/2026 1:48:00 PM

CALIPER
A standard for trunk measurement of nursery stock that is measured from a specified
distance above the ground.
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Harris, Michael

4/22/2026 1:06:00 PM

CASINO
An establishment that offers, whether as an accessory use or primary use, any form of
legalized gambling authorized under MCA Title 23, Chapter 5, Part 1, except for MCA § 23-5160 regarding shaker dice or shake-a-day games, and Parts 3 through 6. This term does not
include organizations and facilities designated as exempt under state law. A Casino includes
any and all establishments that offer legalized gambling authorized under MCA §23-5-101, et
seq., and where any one (1) of the following characteristics applies: (a) the establishment is
referenced as a “casino” or “gambling establishment” or makes any reference to legalized
gambling by signage, advertisement or by name; and/or (b) five (5) or more gambling
machines are on the premises; and/or (c) a card table is on the premises.
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CELLAR
A story partly or entirely underground and having more than one-half (1/2) of its clear height
below the average level of the adjoining ground. A cellar shall not be considered in
determining the permissible number of stories. Also see Basement.
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4/29/2026 1:49:00 PM

COMMERCIAL FEEDLOT
An animal feeding operation (AFO) engaged in the raising or fattening of livestock animals for
commercial purposes where the animals are confined at a high density relative to open range
pasture raising and feeding operations with rotational grazing and stocking rates designed to
sustain grazing pastures. Commercial feedlots are distinct from transportation stockyards
where livestock are temporarily stabled or boarded as part of a process of transportation.
The term does not include 4-H, FFA and other youth experiential learning programs.
Page 13: Formatted

Harris, Michael

6/9/2026 3:35:00 PM

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Harris, Michael

4/29/2026 1:50:00 PM

Harris, Michael

4/29/2026 1:51:00 PM

Harris, Michael

6/9/2026 12:51:00 PM

Change to mca CAFO
Page 13: Commented [MH12R2]

75-5801
Page 13: Commented [MH13]

MOVE BROAD USE CATEGORIES UNDER THE USE DEFINITION. COMMERCIAL, INDUSTRIAL,
AGRICULTURE, RESIDENTIAL, MULTIPLE USE
Page 13: Deleted

Harris, Michael

4/29/2026 1:51:00 PM

COMMUNITY CENTER
A place and/or building, or portion thereof, that is used or is intended for day use through
short-term and intermittent meetings or gatherings of individuals that are generally open to
the public for purposes of recreation, sharing information, entertainment, social service, or
similar activities; the term includes fraternal, social, or civic clubs, lodges, union halls, and the
like.
COMMUNITY CULTURAL FACILITY
A place and/or building, or portion thereof, that is used or is intended for studying, reading,
personal education, or for viewing the visual arts; the term includes libraries, museums, art
galleries, observatories, and the like; the term does not include performing arts.
COMMUNITY GARDEN
An outdoor area that is used to grow vegetables, fruits, flowers, and the like by a group of
unrelated individuals who primarily use what is grown for their personal use; the community
garden can be divided into individual plots of land for the exclusive use of the person
assigned each plot, or the entire garden may be a cooperative effort of any number of
people, or a combination thereof.
Page 13: Formatted

Harris, Michael

6/9/2026 3:35:00 PM

Harris, Michael

6/9/2026 3:35:00 PM

Delete
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Delete, Space Before: 0 pt, After: 0 pt
Page 13: Commented [MH14]

Harris, Michael

4/29/2026 1:52:00 PM

Combine together with single use category of church.
Page 13: Commented [MH14R2]

Harris, Michael

4/29/2026 1:53:00 PM

Amend the permissable language to match broad categories.
Page 13: Commented [MH15]

Harris, Michael

4/22/2026 1:09:00 PM

Harris, Michael

4/29/2026 2:11:00 PM

Must match number for statute
Page 13: Commented [MH15R2]

Update new changes, correct the language which is incorrect with develop dis. And severe dis. Match 1
and group home. Explain the difference between by right or needing an sup.
Update daycare definition under 412

Page 14: Added

Harris, Michael

4/29/2026 2:12:00 PM

Page 14: Added

Harris, Michael

4/29/2026 2:12:00 PM

Harris, Michael

6/9/2026 12:54:00 PM

C
Page 14: Commented [MH16]

COMBINE UNDER FOOD SERVICE USE CATEGORY. RESTURANTS, CAFÉ, FOOD TRUCKS,
CONCESSION STANDS, ROADSIDE STANDS, COMMUNITY MARKETS,
Page 15: Deleted

Harris, Michael

4/29/2026 2:19:00 PM

CONIFEROUS
A plant with foliage that persists and remains green year-round.
Page 15: Formatted

Harris, Michael

6/9/2026 3:35:00 PM

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Harris, Michael

4/29/2026 2:22:00 PM

Harris, Michael

4/29/2026 2:22:00 PM

Combine with neg. commercial
Page 15: Deleted

CROP PRODUCTION
To grow crop plants as a process of producing a commodity or multiple commodities; mainly
food and/or fiber products. This includes farms, orchards, groves, greenhouses, and nurseries
primarily engaged in growing crops, plants, vines, or trees, and their seeds.
COMMODITY
An unprocessed material or other natural resource that is intended for sale or exchange. This
includes, but is not limited to, crops, minerals, livestock, insects, or fish.
COURT
An unoccupied open space other than a yard on the same lot with a building which is
bounded on two (2) or more sides by the walls of such building.
COURT, INNER
A court enclosed on all sides by exterior walls of the building, or by exterior walls and lot lines
on which walls are allowable.
COURT, OUTER
A court extending to a street line or opening upon any front, side, or rear yard.
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Harris, Michael

4/29/2026 2:08:00 PM

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Harris, Michael

4/29/2026 2:25:00 PM

Harris, Michael

6/9/2026 3:34:00 PM

DECIDUOUS
A plant with foliage that sheds annually.
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Page 15: Commented [MH18]

Harris, Michael

4/29/2026 2:26:00 PM

Harris, Michael

4/29/2026 2:30:00 PM

Check against sub regs and flood regs.
Page 16: Deleted

DOMESTIC NON-LIVESTOCK ANIMAL
Any animal customarily kept by humans for companionship, including dogs, cats, birds,
rabbits, hamsters, mice, turtles, ferrets, pot-bellied pigs, and the like, but not to include any
traditionally wild animal, including, but not limited to, wolf, skunk, bear and raccoon.
DRIP LINE
A vertical line extending from the outermost edge of the tree canopy or shrub branch to the
ground.
DROUGHT AVOIDANCE
The ability of a plant to withstand drought without showing signs of stress.
DROUGHT TOLERANCE
The ability of a plant to withstand drought without dying.
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Harris, Michael

4/29/2026 2:31:00 PM

Harris, Michael

4/29/2026 2:31:00 PM

Harris, Michael

4/29/2026 2:32:00 PM

Harris, Michael

4/29/2026 2:32:00 PM

Harris, Michael

4/29/2026 2:33:00 PM

see residents delete the rest
Page 16: Added

add mca definition
Page 16: Deleted

for one (1) family
Page 16: Deleted

for one (1) family
Page 16: Deleted

ENTOCULTURE

To farm raise insects or other non-aquatic invertebrates as a process of producing a
commodity or multiple commodities.
EQUINE PRODUCTION
To raise members of the equine family (equus genus) as a process of producing a commodity
or multiple commodities.
ESTABLISHMENT
An established organization for commercial or non-profit purposes. The term includes the
associated people, places, and services of the organization.
Page 16: Formatted

Harris, Michael

6/9/2026 3:34:00 PM

Harris, Michael

4/29/2026 2:34:00 PM

Delete
Page 16: Deleted

FAMILY
An individual or two (2) or more individuals related by blood, marriage or adoption or other
legal means, or a group of not more than five individuals who are not related by blood,
marriage or adoption, living together as a single housekeeping unit within a dwelling unit.
FAMILY
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Harris, Michael

4/29/2026 2:36:00 PM

Harris, Michael

4/29/2026 2:37:00 PM

Harris, Michael

4/29/2026 2:35:00 PM

Harris, Michael

4/29/2026 2:35:00 PM

Harris, Michael

4/29/2026 2:36:00 PM

Harris, Michael

4/29/2026 2:39:00 PM

(in
Page 16: Added

)
Page 16: Deleted

to three (3) to six (6)
Page 16: Added

up to 15
Page 16: Deleted

(6).
Page 17: Deleted

FORESTRY
To grow and harvest timber on a production cycle of ten (10) or more years. Trees farmed
under shorter production cycles are considered crops.

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Harris, Michael

4/29/2026 2:41:00 PM

GAME ANIMAL
Any of the following regulated animals: deer, elk, moose, antelope, caribou, mountain sheep,
mountain goat, mountain lion, bear, and wild bison. See MCA § 87-6-101(12).
GAME FISH
Any of the following regulated animals: all species of the family Salmonidae (chars, trout,
salmon, grayling, and whitefish); all species of the genus Stizostedion (sand pike, sauger,
walleyed pike, and yellow pike perch); all species of the genus Esox (northern pike, pickerel,
and muskellunge); all species of the genus Micropterus (bass); all species of the genus
Polyodont (paddlefish); all species of the family Acipenser Dae (sturgeon); all species of the
genus Lota (burbot or ling); the species Perca flavescens (yellow perch); all species of the
genus Pomoxis (crappie); and the species Ictalurus punctatus (channel catfish). See MCA §
87-6-101(13).
Page 17: Formatted

Harris, Michael

6/9/2026 3:34:00 PM

Harris, Michael

4/29/2026 2:42:00 PM

Delete
Page 18: Deleted

GROUP DAY CARE HOME
A private residence or other structure in which day care is provided to seven (7) to twelve
(12) children on a regular basis. See MCA § 52-2-703(7).
GUEST HOUSE
An attached or detached accessory building used to house guests of the occupants of the
principal building, and which is never rented or offered for rent.
Page 18: Formatted

Harris, Michael

6/9/2026 3:34:00 PM

Harris, Michael

4/22/2026 1:12:00 PM

Harris, Michael

4/29/2026 2:46:00 PM

Delete
Page 19: Commented [MH19]

Make professional and home the same
Page 19: Deleted

IMMEDIATE FAMILY
A spouse, children by blood or adoption, and parents.
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Harris, Michael

6/9/2026 3:34:00 PM

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Harris, Michael

4/29/2026 2:47:00 PM

the term includes rifle (small bore) and pistol ranges
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Harris, Michael

4/29/2026 2:49:00 PM

Page 21: Deleted

Harris, Michael

4/16/2026 1:22:00 PM

LANDSCAPING MATERIAL, INORGANIC
Nonliving material such as river rock, stone, bark chips, mulch, flower tubs, fountains,
outdoor plazas or other environmental amenities as approved by the Zoning Administrator.
LANDSCAPING MATERIAL, ORGANIC
Living vegetative material such as trees, shrubs, vines, turf, and flower beds.
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6/9/2026 3:34:00 PM

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Harris, Michael

4/29/2026 2:51:00 PM

LANDSCAPE PLAN
A scaled plan that shows the areas of a site to be landscaped and provides design, planting,
and irrigation specifications.
LANDSCAPING
Living material (e.g., turf grass, ground cover, shrubs, vines, hedges) and non-living durable
material commonly used in landscaping (e.g., bark, rocks, pebbles, decorative walls, fences,
art and benches).
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6/9/2026 3:33:00 PM

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Harris, Michael

4/29/2026 2:53:00 PM

LETTER OF MAP CHANGE
An official revision to a FEMA flood map issued only by FEMA. There are two (2) letters of
official flood map revision; a Letter of Map Amendment (LOMA) and a Letter of Map Revision
(LOMR).
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Harris, Michael

4/29/2026 2:55:00 PM

LOADING AREA
An off-street area set aside for the purpose of unloading or loading a motor vehicle, trailer or
truck.
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Harris, Michael

6/9/2026 3:33:00 PM

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Harris, Michael

6/9/2026 12:57:00 PM

Harris, Michael

4/29/2026 2:55:00 PM

MATCH TO SUB REG DEFINITIONS
Page 23: Deleted

MAINTAIN
To support, keep and continue in an existing state or condition without decline.
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6/9/2026 3:39:00 PM

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Harris, Michael

4/29/2026 2:56:00 PM

MEAN SEA LEVEL
The North American Vertical Datum of 1988 to which the base flood elevations are
referenced.
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4/29/2026 2:58:00 PM

MIGRATORY GAME BIRD
Any of the following regulated animals: waterfowl, including wild ducks, wild geese, brant,
and swans; cranes, including little brown and sandhill; rails, including coots; Wilson's snipes
or jacksnipes; and mourning doves. See MCA § 87-6-101(17).
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Harris, Michael

4/9/2026 8:04:00 PM

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Harris, Michael

4/29/2026 3:00:00 PM

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Harris, Michael

4/29/2026 3:00:00 PM

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Harris, Michael

4/29/2026 3:02:00 PM

MINIMUM LOT SIZE removed by statut

MOBILE HOME PARK
A tract of land that provides or will provide spaces for two (2) or more mobile homes.
MOBILE HOME SPACE

A designated portion of a parcel of land designed for the accommodation of one (1) mobile
home and its accessory buildings or structures for the exclusive use of the occupants.
MOBILE HOME SUBDIVISION
A tract of land specifically designed, improved and maintained for locating mobile homes,
which is platted into lots, blocks and streets, in accordance with the regulations and the lots
then sold or rented to the occupant.
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Harris, Michael

6/9/2026 1:00:00 PM

MOTOR VEHICLE
Any self-propelled vehicle designed primarily for transportation of persons or goods along
public streets or alleys, or other public ways.
Page 25: Formatted

Harris, Michael

6/9/2026 3:40:00 PM

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Page 26: Commented [MH21]

Harris, Michael

5/13/2026 1:09:00 PM

THESE TWO DEFINED USES ARE NOT ALLOWED IN ANY ZONING DISTRICT BUT WE HAVE
MULTIPLE EXISTING IN RESIDENTIAL, MIXED USE AND MU-20.
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Harris, Michael

6/9/2026 3:41:00 PM

Harris, Michael

4/29/2026 3:15:00 PM

MULTIPLE USE
Page 26: Deleted

MULCH
Nonliving organic and synthetic materials customarily used in landscape design to retard
erosion and retain moisture and that provide a protective covering around plants to reduce
weed growth and to maintain even temperatures around plant roots; examples include bark,
wood chips, and coffee bean hulls.
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NOXIOUS WEED
Any exotic plant species established or that may be introduced in the state which may render
land unfit for agriculture, forestry, livestock, wildlife or other beneficial uses or that may
harm native plant communities and that is designated by the Montana Department of
Agriculture or by a weed management zone.
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Harris, Michael

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6/9/2026 3:42:00 PM

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Harris, Michael

4/16/2026 12:57:00 PM

Harris, Michael

4/16/2026 12:57:00 PM

Harris, Michael

4/16/2026 12:58:00 PM

OPEN SPACE
Page 28: Added

PUBLIC LANDS AND INSTITUTIONS (PLI)
Page 28: Deleted

A zoning classification that limits the allowable uses to agriculture, recreation, parks,
reservoirs, and water supply lands. Open Space Zones are most commonly used for publicly
owned lands, but are also used in areas subject to flooding (floodplain zones) and other
natural hazards.
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Page 28: Added

Harris, Michael

4/16/2026 12:58:00 PM

A zoning classification for lands primarily owned by government entities, utilities, public and
private parks and open space.
Page 28: Commented [MH22]

Harris, Michael

6/9/2026 1:02:00 PM

CONSIDER COMBINING THE RECREATION COMMERCIAL TYPE ACTIVITIES INTO A MULTIPLE
USE CATEGORY.
Page 29: Deleted

Harris, Michael

4/29/2026 3:23:00 PM

PARK DEDICATION
Land set aside by the developer for park purposes.
Page 29: Formatted

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Page 29: Deleted

Harris, Michael

3/24/2026 7:52:00 AM

PERIMETER LANDSCAPING
The landscaping located appurtenant to the outer property lines, exclusive of the property
line(s) which abut a public street right-of-way.
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6/9/2026 3:40:00 PM

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Page 29: Added

Harris, Michael

4/29/2026 3:27:00 PM

subdivision definition does not reflect the way we use it in zoning.
Page 29: Commented [MH23]

Harris, Michael

6/9/2026 1:03:00 PM

ALLIGN WITH SUBDIVISION REGULATIONS
Page 30: Added

Harris, Michael

4/29/2026 3:33:00 PM

Page 31: Deleted

Harris, Michael

4/29/2026 3:31:00 PM

Harris, Michael

6/9/2026 3:41:00 PM

PRESERVE
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Page 31: Added

Harris, Michael

4/29/2026 3:31:00 PM

removed because it is used commonly in too may places in the regulation.
Page 31: Deleted

Harris, Michael

4/29/2026 3:31:00 PM

To save from change or loss and reserve for a special purpose.
Page 31: Added

Harris, Michael

4/29/2026 3:39:00 PM

(a) "accessory dwelling unit" means a self-contained living unit on the same parcel as a singlefamily dwelling of greater square footage that includes its own cooking, sleeping, and sanitation
facilities and complies with or is otherwise exempt from any applicable building code, fire code,
and public health and safety regulations adopted pursuant to Title 50, chapter 2;
Page 31: Deleted

Harris, Michael

4/29/2026 3:40:00 PM

PROFESSIONAL OFFICE IN A RESIDENCE
A professional office or studio located in the residence of a physician, surgeon, doctor,
lawyer, engineer, architect, artist, teacher, registered nurse, accountant, and such use shall
be secondary and incidental to the residential use of the building. The profession must be
carried on in the principal building, limited to two (2) personnel. The profession may be
advertised by a professional nameplate or sign not to exceed two hundred and forty (240)
square inches, that is attached to the main door or suspended in a window, and may be
illuminated, but not in a flashing manner. Also, employment of not more than one (1) person
not a member of the immediate family is permitted only at the discretion of the Zoning Board
of Adjustment upon application in writing describing the full nature and extent of the
occupation.
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Harris, Michael

4/29/2026 3:44:00 PM

PUBLIC USES
Uses of land which are considered public in nature such as parks and recreation areas, public
or private schools, colleges, playgrounds, day care centers, churches, or other public
buildings.
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Harris, Michael

4/14/2026 9:50:00 PM

Harris, Michael

4/14/2026 9:50:00 PM

Harris, Michael

4/29/2026 3:45:00 PM

adjacent
Page 32: Added

adjoining
Page 32: Deleted

RECHARGE
The replenishment of underground water reserves.
RECREATIONAL TRAIL
A linear path which may be dedicated to a single use or multiple uses. Examples include
hiking trails, bike trails, cross-country ski trails, and horse trails.
Page 32: Formatted

Harris, Michael

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Harris, Michael

4/29/2026 3:47:00 PM

Delete
Page 33: Deleted

RELATED EQUIPMENT
All equipment ancillary to the transmission and reception of voice and data via radio
frequencies; such equipment may include, but is not limited to, cable, conduit and
connectors.
Page 33: Formatted

Harris, Michael

6/9/2026 3:41:00 PM

Harris, Michael

4/29/2026 3:48:00 PM

Delete
Page 33: Deleted

RESIDENCE, ZERO LOT LINE
A single building that is situated on one (1) lot, contains one (1) dwelling unit and is not
attached to any other dwelling unit by any means; the side wall of the building is placed
directly on or very close to one of the adjoining side yard property boundary lines; the term
includes factory-built homes, manufactured homes and stick-built homes, but excludes
mobile homes.
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Harris, Michael

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Harris, Michael

4/14/2026 9:50:00 PM

Harris, Michael

4/14/2026 9:50:00 PM

Delete
Page 33: Deleted

adjacent
Page 33: Added

adjoining

Page 34: Deleted

Harris, Michael

4/29/2026 3:50:00 PM

RESIDENTIAL ZONING ZONE
Any zoning zone established by this Regulation that has an "R", followed by a number as its
abbreviation (e.g., SR-1, SR-2, RR-5, UR, MU).
Page 34: Formatted

Harris, Michael

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Harris, Michael

4/29/2026 3:52:00 PM

Delete
Page 34: Deleted

SECONDHAND SALES
A place and/or building, or portion thereof, that is used or is intended for retail sale of goods
and merchandise which are not being sold for the first time. The term includes, but is not
limited to, secondhand stores, thrift stores, and consignment shops.
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Harris, Michael

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Harris, Michael

4/29/2026 3:54:00 PM

SHRUB
A self-supporting woody perennial plant that usually remains low and produces shoots or
stems from the base. It typically has multiple stems and branches continuous from the base.
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Harris, Michael

4/14/2026 9:50:00 PM

Harris, Michael

4/14/2026 9:50:00 PM

Harris, Michael

4/29/2026 3:55:00 PM

adjacent
Page 37: Added

adjoining
Page 37: Deleted

SMALL DOMESTIC NON-LIVESTOCK ANIMAL
Any species of domesticated non-livestock animals weighing, on average, less than or equal
to two hundred (200) pounds for either sex.
Page 37: Formatted

Harris, Michael

6/9/2026 3:43:00 PM

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Page 37: Commented [MH24]

Harris, Michael

5/13/2026 1:11:00 PM

A MOTORVEHICLE GRAVEYARD AND MVWF ARE BOTH CLASSIFIED UNDER SOLID WASTE BY
DEQ.
Page 37: Deleted

SPECIALTY SALES

Harris, Michael

4/29/2026 3:56:00 PM

A place and/or building, or portion thereof, that is used or is intended for wholesale or retail
sale of a limited product line. The term includes antique shops, furniture stores, auto part
stores, bookstores, drug stores, clothing boutiques, pet stores, and the like.
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Harris, Michael

4/29/2026 4:02:00 PM

STICK-BUILT HOME
A dwelling unit that is constructed on the site on which it will be located.
STOOP
A raised platform in front of an entrance to a building with one (1) or more steps.
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Harris, Michael

4/29/2026 4:08:00 PM

Harris, Michael

4/29/2026 4:16:00 PM

Harris, Michael

4/29/2026 4:15:00 PM

Harris, Michael

4/29/2026 4:16:00 PM

fix definition
Page 40: Added

follows state law
Page 40: Deleted

The term does not include a casino.
Page 40: Deleted

TAXI CAB DISPATCH TERMINAL
Place and/or building, or portion thereof, that is used or is intended for dispatching taxi cabs
and where taxi cabs are kept while not in use.
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Harris, Michael

6/9/2026 3:45:00 PM

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Harris, Michael

4/29/2026 4:16:00 PM

THEATER, MOTION PICTURE
A building, or part of a building, devoted to the showing of moving pictures on a paid
admission basis.
TOURIST CABINS
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Page 40: Added

Harris, Michael

4/29/2026 4:19:00 PM

follow health codes
Page 40: Deleted

Harris, Michael

4/29/2026 4:19:00 PM

A group of buildings, including either separate cabins or a row of cabins, which contain living
and sleeping accommodations for transient occupancy and have individual entrances.
Page 40: Deleted

Harris, Michael

4/29/2026 4:22:00 PM

TREE
A self-supporting woody plant that characteristically grows to a minimum height of fifteen
(15) feet at maturity and has a trunk which can be maintained over five (5) feet of clear wood.
Page 40: Formatted

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6/9/2026 3:45:00 PM

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Harris, Michael

4/29/2026 4:22:00 PM

TURF OR TURFGRASS
Hybridized grasses that when regularly mowed characteristically form a dense growth of leaf
blades and roots.
Page 41: Formatted

Harris, Michael

6/9/2026 3:45:00 PM

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Page 41: Commented [MH25]

Harris, Michael

5/13/2026 1:13:00 PM

REVIEW PAST USE OF THIS AND ESTABLISH UNDER WHAT CONDITIONS THIS IS TO BE USED.
Page 41: Deleted

Harris, Michael

4/29/2026 4:25:00 PM

UTILITY INSTALLATION
A place, building and/or structure, or portion thereof, whether public or private, that is used
or is intended for providing basic infrastructure or utility services.
UTILITY INSTALLATION, MAJOR
Utility installation generally having moderate to high impact on neighboring property. The
term includes public and private pipeline pumping stations, sewage treatment plants,
electrical substations, water towers, and the like.
UTILITY INSTALLATION, MINOR
Utility installation generally having low impact on neighboring property. The term includes
public and private water system wells, sewer lift stations, irrigation ditches, and the like.
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yard

Harris, Michael

4/14/2026 7:35:00 PM

Page 41: Added

Harris, Michael

4/14/2026 7:35:00 PM

Harris, Michael

4/16/2026 1:00:00 PM

Harris, Michael

4/16/2026 1:00:00 PM

Harris, Michael

4/29/2026 4:30:00 PM

setback
Page 41: Deleted

open space
Page 41: Added

yard
Page 41: Deleted

VEGETATION, NATIVE
Plant life which is indigenous to a geographic region.
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Harris, Michael

4/29/2026 4:31:00 PM

VETERINARY CLINIC, LARGE ANIMAL
A clinic that specializes in the care and treatment of large livestock animals or wild animals
and may also provide regular services for small livestock animals.
VETERINARY CLINIC, SMALL ANIMAL
A clinic that specializes in the care and treatment of small domesticated non-livestock
animals including, but not limited to dogs, cats, and birds. Small animal veterinary clinics may
also service small livestock animals and small wild animals on an irregular basis.
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Harris, Michael

4/29/2026 4:31:00 PM

VINE
A woody plant whose stem requires support and climbs by tendrils or twining or creeps along
the ground.
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Harris, Michael

4/29/2026 4:32:00 PM

WILD ANIMAL
Any species of animal that has not been domesticated for livestock or companionship
purposes and which is not otherwise described elsewhere in the definitions of these
regulations.

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Harris, Michael

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Harris, Michael

4/14/2026 7:35:00 PM

Harris, Michael

6/11/2026 8:34:00 AM

yard
Page 44: Added

setback
Page 44: Commented [MH26]

There are a lot of changes under zoning. Editing this document due to the scattered way it is written is
difficult and confusing. This is true for attempting to use it as well.
The current edits are focused on pulling together those uses that are allowed in all or most zoning.
It clarifies Open Space and changes it to Public Lands and Institutions. with a Multiple Use Overlay.
Additional overlays for Agriculture Industrial are also proposed using the process for creating a PUD (in
general) to create an overlay area.
Page 45: Commented [MH27]

Harris, Michael

5/7/2026 8:10:00 AM

THERE IS NO ZONE DESIGNATION FOR AIRPORT INTERFACE ZONE BUT WE HAVE A
REGULATION FOR IT IN SECTION 15.1
Page 45: Commented [MH28]

Harris, Michael

6/11/2026 5:40:00 AM

Harris, Michael

6/9/2026 3:51:00 PM

Harris, Michael

4/29/2026 4:44:00 PM

CORRECT PAGE NUMBERS AND ZONES
Page 45: Added

R

RESIDENTIAL

Page 45: Deleted

RR-5
Page 45: Added

Harris, Michael

4/29/2026 4:44:00 PM

RR
Page 45: Deleted

Harris, Michael

4/29/2026 4:44:00 PM

Harris, Michael

4/29/2026 4:45:00 PM

5
Page 45: Deleted

-1
Page 45: Deleted

Harris, Michael

4/29/2026 4:45:00 PM

Harris, Michael

4/29/2026 4:44:00 PM

-1
Page 45: Deleted

69
Page 45: Deleted

Harris, Michael

4/29/2026 4:44:00 PM

Harris, Michael

4/29/2026 4:44:00 PM

SR-2
Page 45: Deleted

Suburban Residential - 2
Page 45: Deleted

Harris, Michael

4/29/2026 4:44:00 PM

Harris, Michael

6/9/2026 3:52:00 PM

Harris, Michael

6/9/2026 3:52:00 PM

Harris, Michael

6/9/2026 3:53:00 PM

69
Page 45: Added

M

MIXED USE

Page 45: Added

A

AGRICULTURE

Page 45: Added

G
Page 45: Added

Harris, Michael

6/9/2026 3:55:00 PM

Harris, Michael

6/9/2026 3:56:00 PM

AIO
Page 45: Added

NSE

NATIONAL SECURITY EXEMPTION

OSO

OPEN SPACE OVERLAY

Page 45: Added

Harris, Michael

6/9/2026 3:49:00 PM

Page 46: Added

Harris, Michael

6/9/2026 3:49:00 PM

Page 46: Commented [MH29]

Harris, Michael

6/11/2026 8:36:00 AM

All zoning maps and exhibits are moved out of the document and into exhibits.
Page 46: Commented [MH30]

Harris, Michael

6/11/2026 5:43:00 AM

Harris, Michael

4/14/2026 7:35:00 PM

Harris, Michael

4/14/2026 7:35:00 PM

Harris, Michael

4/14/2026 7:35:00 PM

Harris, Michael

4/14/2026 7:35:00 PM

UPDATE EXHIBIT NUMBERS
Page 47: Deleted

YARD
1.1
Page 47: Added

SETBACK
1.1
Page 47: Deleted

yard
Page 47: Added

setback
Page 47: Deleted

Harris, Michael

4/16/2026 1:02:00 PM

Harris, Michael

4/14/2026 7:35:00 PM

Harris, Michael

4/14/2026 7:35:00 PM

Harris, Michael

4/16/2026 1:03:00 PM

Harris, Michael

6/11/2026 8:37:00 AM

or other open space
Page 47: Deleted

yard
Page 47: Added

setback
Page 47: Deleted

or other open space similarly
Page 47: Commented [MH31]

YARDS were all changed to setback throughout the document to make the regulation less confusion to
administer.
Page 48: Commented [MH32]

Harris, Michael

6/11/2026 8:43:00 AM

Add a chart here that is a cross table of each zone, their uses by right, uses by permit use prohibited.
Page 48: Commented [MH33]

Harris, Michael

6/11/2026 8:42:00 AM

Under Section 7 Zoning Regulations the minimum lots size eliminated the logic for many of our separate
designations. Mu vs Mu-20, SR1 or SR2.
Since minimum lot sized are no longer allowed the only way to separate and distinguish the character of
each zone would be to use broader requirements and restrictions such as landscaping requirements and
construction requirements.
That maybe a future amendment but for the time being setting the statutory minimums is the approach we
have to take.
Page 48: Commented [MH34]

Harris, Michael

6/11/2026 8:49:00 AM

See the spreadsheet about the broad general classifications and how they align with the current
regulatory definitions.
Page 48: Deleted

Harris, Michael

4/14/2026 7:27:00 PM

Harris, Michael

4/14/2026 7:27:00 PM

Minimum Lot Areas
A.

Page 48: Added

Minimum lot size in residential zones is preempted by Montana Code Annotated.
A.

Page 48: Deleted

Harris, Michael

4/14/2026 7:27:00 PM

Minimum lot areas are provided in the table below:
Page 48: Commented [MH35]

Harris, Michael

6/11/2026 5:47:00 AM

NUMBERING FORMAT WRONG. CLARIFYING PREEXISTING LOTS DATE IS 2004 BEFORE
ZONING, NOT RESOLUTION. EACH AMENDMENT IS A RESOLUTION.
Page 48: Deleted

this

Harris, Michael

6/11/2026 5:49:00 AM

Page 48: Deleted

Harris, Michael

6/11/2026 5:50:00 AM

Harris, Michael

4/29/2026 4:52:00 PM

Resolution
Page 48: Deleted

7.1.1.3 Lot Width and Minimum Lot Area for Building Site
No lot upon which a main building is to be located shall have an average
width of less than fifty (50) feet or an area of less than 6,400 square feet.
Page 48: Deleted

Harris, Michael

4/29/2026 4:54:00 PM

may supersede the above minimum lot area requirements.
Page 48: Added

Harris, Michael

4/29/2026 4:54:00 PM

Harris, Michael

4/14/2026 7:35:00 PM

Harris, Michael

4/14/2026 7:35:00 PM

Harris, Michael

4/14/2026 7:35:00 PM

Harris, Michael

4/14/2026 7:35:00 PM

Harris, Michael

4/14/2026 7:30:00 PM

Harris, Michael

4/14/2026 7:30:00 PM

Harris, Michael

4/14/2026 7:30:00 PM

Harris, Michael

4/14/2026 7:30:00 PM

Harris, Michael

4/14/2026 7:30:00 PM

Harris, Michael

4/14/2026 7:30:00 PM

Harris, Michael

4/29/2026 4:59:00 PM

must be met
Page 48: Deleted

YARD
1.1.1

Page 48: Added

SETBACK
1.1.1

Page 48: Deleted

Yard
A.

Page 48: Added

Setback
A.

Page 48: Deleted

yard
Page 48: Deleted

Yard
A.

Page 48: Deleted

yard
Page 48: Deleted

Yard
A.

Page 48: Deleted

yard
Page 48: Deleted

Yard
A.

Page 49: Deleted

-5
1.1
Page 49: Added

Harris, Michael

4/9/2026 9:26:00 PM

Harris, Michael

4/16/2026 11:58:00 AM

Harris, Michael

4/16/2026 11:58:00 AM

Harris, Michael

4/16/2026 11:58:00 AM

(1)
Page 49: Deleted

Uses
(1)
Page 49: Added

Activities
(1)
Page 49: Deleted

of Land and Usual Agricultural Buildings and Structures.
(1)
Page 49: Deleted

Harris, Michael

4/9/2026 9:19:00 PM

Community Cultural Facility (Public and Non-Profit Exhibits, Libraries,
Museums, and Art Galleries or Other Similar Institutions).
Community Garden.
Page 49: Deleted

Harris, Michael

4/9/2026 9:19:00 PM

Educational Facility.
Page 49: Deleted

Harris, Michael

4/16/2026 11:57:00 AM

Limited Agricultural uses.
The keeping of livestock animals, except bison, by a resident of the
parcel requires that the parcel must be a minimum of one (1) acre
in area.
Large livestock animals, except bison, are allowed on a permanent
basis at a ratio of two (2) animals per acre. Small livestock animals
are allowed on a permanent basis at a ratio of four (4) per acre.
Any stable, barn, shed, coop or other such structure to house
livestock animals shall be a distance of at least twenty-five (25) feet
from the property line of an adjacent owner and at least fifty (50)
feet from any dwelling unit other than that of owner.
Nursing Home
(1)
Page 49: Formatted

Highlight

Harris, Michael

4/9/2026 9:20:00 PM

Page 50: Deleted

Harris, Michael

4/9/2026 9:21:00 PM

Park, where off-street parking is provided for the users of such facilities.
Public Building.
Public Institution.
Public Safety Facility.
Retirement Home.
Worship Facility, where off-street parking is provided as set forth in Section 8.4.(2)
(1)
Page 50: Added

Harris, Michael

4/9/2026 9:04:00 PM

(1) (2)Excavation of Sand and Gravel with the issuance of a Location
Conformance Permit mitigating the potential adverse impacts of the mining
operations. Conditions may include.
Page 50: Deleted

Harris, Michael

4/9/2026 9:06:00 PM

Harris, Michael

5/7/2026 8:21:00 AM

Harris, Michael

4/29/2026 5:00:00 PM

.
(1)
Page 50: Commented [MH36]

SET SQFT THRESHOLD?
Page 50: Deleted

(4)

Professional Office in a Residence.

Page 50: Commented [MH37]

Harris, Michael

5/7/2026 8:22:00 AM

SPELL OUT DEFINITION IN DEFINITIONS AND LIST USE ONLY AS UTILITY TOWER.
Page 50: Commented [MH38]

Harris, Michael

4/29/2026 5:02:00 PM

Page 50: Deleted

Harris, Michael

4/16/2026 11:57:00 AM

Page 50: Deleted

Harris, Michael

4/9/2026 9:04:00 PM

Consistent in all residential

(2)

Excavation of Sand and Gravel.

Page 50: Deleted

Harris, Michael

4/9/2026 8:09:00 PM

(4)

Second Dwelling, including accessory dwelling units (examples: 1 single
family home with garage apartment; or 1 duplex for two families; or two
single family homes).

(5)

Structures meeting the definition of accessory building/structure but
without a principal use – residential use only; no commercial use allowed,
(not accessory, stand-alone structure).

Page 50: Deleted

Utility Installation, Minor.

Harris, Michael

4/9/2026 9:19:00 PM

Page 50: Added

Harris, Michael

4/9/2026 9:19:00 PM

(2)

Community Cultural Facility (Public and Non-Profit Exhibits, Libraries,
Museums, and Art Galleries or Other Similar Institutions).

(3)

Community Garden.

(4)

Educational Facility.

(5)

Nursing Home

(6)

Retirement Home.

(7)

Worship Facility, where off-street parking is provided as set forth in Section
8.4.

Page 51: Commented [MH39]

Harris, Michael

6/11/2026 8:48:00 AM

Under Residential all rather than have multiple different definitions of facilities but not based them on their
impact is an ongoing problem.
The new concept is to make residential uses that are primary clear between multiple zones. Other uses
that do not have minimums set by MCA are moved to Special Use Permits and base the general use type
on adopted measurable standards.
Page 51: Deleted

Harris, Michael

4/16/2026 11:00:00 AM

Harris, Michael

4/16/2026 11:00:00 AM

Harris, Michael

4/29/2026 5:16:00 PM

1 & 2 (SR-1 and SR-2)
1.1
Page 51: Deleted

-1 and SR-2
Page 51: Deleted

Community Garden.
Page 51: Formatted

Harris, Michael

4/29/2026 5:11:00 PM

Harris, Michael

4/14/2026 9:50:00 PM

Harris, Michael

4/14/2026 9:50:00 PM

Harris, Michael

4/9/2026 9:12:00 PM

Harris, Michael

4/16/2026 11:47:00 AM

Not Highlight
Page 51: Deleted

adjacent
a.

Page 51: Added

adjoining
a.

Page 51: Deleted

Nursing Home.
Page 51: Commented [MH40]

Our history with community residential facilities in residential areas has shown that having to approve or
deny an SUP for a CRF isn’t possible under our standards because there are multiple other uses that

would have identical or greater impact on public safety, transportation and potentially property values.
I am recommending making all the same. Suburban and urban residential are residential. All other
activities due to their potential impact on services would be a special use.
To attempt to address this in reverse would require us to establish specific limits on the number of people
using other facilities like daycare, retirement homes, and churches.
We should also adopt definitions for like uses based on ITE codes so as to not have to argue the
difference between a nursing home, a urgent care or a CRF.
Page 51: Deleted

Harris, Michael

4/9/2026 9:11:00 PM

Public Building.
Public Institution.
Public Safety Facility.
Page 51: Deleted

Harris, Michael

4/9/2026 9:11:00 PM

Worship Facility where off-street parking is provided as set forth in Section
8.4.
Page 52: Added

Harris, Michael

4/29/2026 5:27:00 PM

(1) Limited Agricultural Uses.
a. The keeping of livestock animals, except bison, by a resident of the parcel requires
that the parcel must be a minimum of one (1) acre in area.
b. Large livestock animals, except bison, are allowed on a permanent basis at a ratio
of two (2) animals per acre. Small livestock animals are allowed on a permanent
basis at a ratio of four (4) per acre.
c. Any stable, barn, shed, coop or other such structure to house livestock animals
shall be a distance of at least twenty-five (25) feet from the property line of an
adjoining owner and at least fifty (50) feet from any dwelling unit other than that
of owner.
(3)
Page 52: Deleted

20 acre or larger agriculture. Qualifies as a minor exemption to address lot
size vs ownership explained through instructions.
Harris, Michael

4/16/2026 10:58:00 AM

Use permitted upon issuance of a special permit as set forth under RR-5
Zone regulations may be used in the SR-1 and SR-2 Zones.
Page 52: Added

Harris, Michael

4/9/2026 9:11:00 PM

(1)
1.1.5 USES PERMITTED UPON ISSUANCE OF A SPECIAL USE PERMIT
(1)
Community Residential Facility with nine occupants or more.
(3)

Recreation Building or Area operated by membership clubs for the benefit

of members and not for gain.
(6)

Tourist Home.

(7)
(8) Community Cultural Facility (Public and Non-Profit Exhibits, Libraries,
Museums, and Art Galleries or Other Similar Institutions).
(9)
Community Garden.
(10)

Educational Facility.

(11)

Nursing Home

(12)

Retirement Home.

(13)

Worship Facility, where off-street parking is provided as set forth in Section
8.4.

Page 53: Deleted

Harris, Michael

4/16/2026 10:58:00 AM

Page 53: Added

Harris, Michael

4/29/2026 5:33:00 PM

ADD THE USE CHART FOR ALL ZONING.
1.1.1

Page 54: Deleted

Harris, Michael

4/9/2026 9:15:00 PM

Educational Facility.
Page 54: Formatted

Harris, Michael

4/9/2026 9:23:00 PM

Harris, Michael

4/14/2026 9:50:00 PM

Harris, Michael

4/14/2026 9:50:00 PM

Harris, Michael

4/9/2026 9:23:00 PM

Highlight
Page 54: Deleted

adjacent
a.

Page 54: Added

adjoining
a.

Page 54: Deleted

Public Building.
Public Institution.
Public Safety Facility.
Retirement Home, Nursing Home.
Worship Facility where off-street parking is provided as set forth in Section
8.4.
Page 55: Added

Harris, Michael

4/16/2026 10:59:00 AM

1.1.1 USES PERMITTED UPON ISSUANCE OF A SPECIAL USE PERMIT
(1)
Community Residential Facility with nine occupants or more.
(3)

Recreation Building or Area operated by membership clubs for the benefit
of members and not for gain.

(6)

Tourist Home.

(7)
(14) Community Cultural Facility (Public and Non-Profit Exhibits, Libraries,
Museums, and Art Galleries or Other Similar Institutions).
(15) Community Garden.
(16)

Educational Facility.

(17)

Nursing Home

(18)

Retirement Home.

(19)

Worship Facility, where off-street parking is provided as set forth in Section
8.4.

Page 55: Deleted

Harris, Michael

4/16/2026 10:59:00 AM

Use permitted upon issuance of a special use permit as set forth under RR5 Zone regulations, SR-1 and SR-2 Zones regulations may be used in UR
Zone.
Bed and Breakfast.
Community Residential Facility.
Page 56: Deleted

Harris, Michael

4/14/2026 7:30:00 PM

Harris, Michael

4/14/2026 7:35:00 PM

Harris, Michael

4/14/2026 7:30:00 PM

Harris, Michael

4/14/2026 7:35:00 PM

Harris, Michael

4/14/2026 7:30:00 PM

Harris, Michael

4/14/2026 7:35:00 PM

YARD
1.1.1

Page 56: Added

SETBACKSETBACK
1.1.1

Page 56: Deleted

Yard
1.1.1

Page 56: Added

SetbackSetback
1.1.1

Page 56: Deleted

yard
1.1.1

Page 56: Added

setbacksetback
1.1.1

Page 56: Deleted

Harris, Michael

4/14/2026 7:30:00 PM

Harris, Michael

4/14/2026 7:35:00 PM

Harris, Michael

4/14/2026 7:30:00 PM

Harris, Michael

4/14/2026 7:35:00 PM

Harris, Michael

4/14/2026 7:30:00 PM

Harris, Michael

4/14/2026 7:35:00 PM

Harris, Michael

4/14/2026 7:30:00 PM

Harris, Michael

4/14/2026 7:35:00 PM

Harris, Michael

4/14/2026 7:30:00 PM

Harris, Michael

4/14/2026 7:35:00 PM

Harris, Michael

3/24/2026 7:52:00 AM

Yard
1.1.1

Page 56: Added

SetbackSetback
1.1.1

Page 56: Deleted

yard
1.1.1

Page 56: Added

setbacksetback
1.1.1

Page 56: Deleted

Yard
1.1.1

Page 56: Added

SetbackSetback
1.1.1

Page 56: Deleted

yard
1.1.1

Page 56: Added

setbacksetback
1.1.1

Page 56: Deleted

Yard
Page 56: Added

SetbackSetback
Page 56: Deleted

7.5.7 LANDSCAPING
Landscaping requirements shall be in accordance with Section 8.18.
Page 56: Added

Harris, Michael

4/9/2026 9:24:00 PM

(a) Accessory Dwelling Unit.
(1)
Page 57: Deleted

Harris, Michael

Yard
a.

4/14/2026 7:35:00 PM

Page 57: Added

Harris, Michael

4/14/2026 7:35:00 PM

Harris, Michael

3/24/2026 7:52:00 AM

Setback
a.

Page 58: Deleted

Landscaping requirements shall be in accordance with Section 8.18;
and
Page 59: Deleted

Harris, Michael

4/14/2026 7:35:00 PM

Harris, Michael

4/14/2026 7:35:00 PM

Harris, Michael

3/24/2026 7:50:00 AM

Yard
(1)
Page 59: Added

Setback
(1)
Page 60: Deleted

7.6.2 MINIMUM LOT AREA
The minimum lot or tract area in a MU-20 Zone shall be twenty (20) acres except
for lots created by any of the following processes as allowed under the Montana
Code Annotated:
Order of any court of record in this state or by operation of law or that, in
the absence of agreement between the parties to the sale, could be
created by an order of any court in this state pursuant to the law of
eminent domain;
To provide security for mortgages, liens, or trust indentures for the
purpose of construction, improvements to the land being divided, or for
refinancing purposes;
Creates cemetery lots;
Is created for rights-of-way or utility sites; or
For gift or sale to a member of the immediate family.
7.6.3 MINIMUM LOT WIDTH
The minimum lot or tract width in the MU-20 Zone shall be two-hundred (200)
feet.
Page 60: Deleted

Harris, Michael

3/24/2026 7:50:00 AM

Harris, Michael

4/14/2026 7:35:00 PM

Harris, Michael

3/24/2026 7:50:00 AM

7.6.5 REQUIRED YARD
1.1.1

Page 60: Added

SETBACK
1.1.1

Page 60: Deleted

S
The minimum side yard
Page 60: Added

Harris, Michael

4/14/2026 7:35:00 PM

Harris, Michael

3/24/2026 7:50:00 AM

Harris, Michael

4/14/2026 7:35:00 PM

Harris, Michael

3/24/2026 7:50:00 AM

Harris, Michael

4/14/2026 7:35:00 PM

Harris, Michael

3/24/2026 7:50:00 AM

setback
Page 60: Deleted

, front yard
Page 60: Added

setback
Page 60: Deleted

, rear yard
Page 60: Added

setback
Page 60: Deleted

and streamside setback for any lot or tract in the MU-20 Zone shall be the same
as that required for the Residential Zones as provided in Section 7.1.3.
7.6.6 LOT COVERAGE
Lot Size
Greater than or equal to 5 acres
Greater than or equal to 1 acre but less than 5
Less than 1 acre
Page 60: Added

Harris, Michael

Lot Coverage
10%
20%
30%
4/9/2026 9:24:00 PM

(1) Accessory Dwelling Unit.
(2)
Page 61: Deleted

Harris, Michael

4/9/2026 8:30:00 PM

Harris, Michael

4/9/2026 7:47:00 PM

Parcel must be 20 acres or greater.
(1)
Page 62: Added

(1)
Page 62: Deleted

Gravel Pit (Open Cut Mining Operation).
Harris, Michael

4/14/2026 7:35:00 PM

Harris, Michael

4/14/2026 7:35:00 PM

Yard
(1)
Page 62: Added

Setback

(1)
Page 62: Deleted

Harris, Michael

4/14/2026 9:50:00 PM

Harris, Michael

4/14/2026 9:50:00 PM

Harris, Michael

4/14/2026 7:35:00 PM

Harris, Michael

4/14/2026 7:35:00 PM

Harris, Michael

4/14/2026 9:50:00 PM

Harris, Michael

4/14/2026 9:50:00 PM

Harris, Michael

3/24/2026 7:52:00 AM

adjacent
(1)
Page 62: Added

adjoining
(1)
Page 62: Deleted

Yard
(1)
Page 62: Added

Setback
(1)
Page 64: Deleted

adjacent
(1)
Page 64: Added

adjoining
(1)
Page 64: Deleted

Landscaping requirements shall be in accordance with Section 8.18;
and
Page 65: Commented [MH41]

Harris, Michael

4/16/2026 12:01:00 PM

Because Agriculture allows single family dwelling we included it in the limitation of minimum lot size. The
act specifically says “zoned residential”. Agriculture could still retain the minimum 40 acres.
Page 65: Deleted

Harris, Michael

4/9/2026 8:37:00 PM

The minimum lot or tract area in the A Zone shall be forty (40) acres except for
lots created by any of the following processes as allowed under the Montana Code
Annotated:
(1)
Order of any court of record in this state or by operation of law or that, in
the absence of agreement between the parties to the sale, could be
created by an order of any court in this state pursuant to the law of
eminent domain;
(2)
To provide security for mortgages, liens, or trust indentures for the
purpose of construction, improvements to the land being divided, or for
refinancing purposes;
(3)
Creates cemetery lots;
(4)
Is created for rights-of-way or utility sites; or

(5)

For gift or sale to a member of the immediate family.

7.7.3 MINIMUM LOT WIDTH
The minimum lot or tract width in the A Zone shall be two-hundred (200) feet.
Page 65: Deleted

Harris, Michael

4/14/2026 7:31:00 PM

Harris, Michael

4/14/2026 7:35:00 PM

Harris, Michael

3/24/2026 7:57:00 AM

Harris, Michael

4/14/2026 7:35:00 PM

Harris, Michael

3/24/2026 7:57:00 AM

Harris, Michael

4/14/2026 7:35:00 PM

Harris, Michael

3/24/2026 7:57:00 AM

Harris, Michael

4/14/2026 7:35:00 PM

Page 65: Deleted

Harris, Michael

3/24/2026 7:57:00 AM

Page 65: Deleted

Harris, Michael

3/24/2026 7:58:00 AM

YARD
Page 65: Added

SETBACKSETBACK
Page 65: Deleted

yard
Page 65: Added

setbacksetback
Page 65: Deleted

yard
Page 65: Added

setbacksetback
Page 65: Deleted

yard
Page 65: Added

setbacksetback

LOT COVERAGE
All buildings and accessory buildings shall not cover more than forty percent (40%) of the lot or
tract.
Page 65: Formatted

Harris, Michael

3/24/2026 7:58:00 AM

Indent: Hanging: 0.5", Space Before: 12 pt, After: 3 pt
Page 65: Added

Harris, Michael

4/9/2026 9:25:00 PM

(1) Accessory Dwelling Unit.
(2) Day Care Center, Group Day Care Home, Family Day Care Home,
Community Residential Facility.
(3)
Page 66: Deleted

Harris, Michael

4/16/2026 11:59:00 AM

Federal Firearm Retailers, Dealers, Repairers.
Page 66: Deleted

Harris, Michael

4/9/2026 8:31:00 PM

Harris, Michael

5/6/2026 2:56:00 PM

Parcel must be 20 acres or greater.
(1)

Page 66: Deleted

Two-Family Dwelling (e.g. Duplex), or a Second Single-Family Dwelling on
a parcel forty (40) acres or more.
Page 66: Deleted

Harris, Michael

5/6/2026 2:58:00 PM

On tracts of land 160 acres or larger, a Dwelling or Dwellings of Owner or
Lessee of the Land. These may be occupied by employees of the owner or
lessee of the land. They may be occupied by any person or persons the
owner or lessee of the land desires so long as the Dwelling or Dwellings are
not rented, leased, or used for any commercial or industrial uses.
(Acceptable uses include a ranch manager house on the ranch owner’s
property, a Hutterite colony, a farmer who allows his relatives to live in a
house that he owns on his property, etc.).
Page 66: Formatted

Harris, Michael

5/6/2026 3:02:00 PM

Harris, Michael

5/6/2026 3:04:00 PM

Harris, Michael

4/14/2026 9:50:00 PM

Harris, Michael

4/14/2026 9:50:00 PM

Harris, Michael

5/6/2026 3:08:00 PM

Harris, Michael

5/6/2026 3:19:00 PM

Harris, Michael

5/6/2026 3:19:00 PM

Harris, Michael

5/6/2026 3:19:00 PM

Highlight
Page 66: Deleted

only
(1)

Page 67: Deleted

adjacent
Page 67: Added

adjoining
Page 67: Deleted

Commercially Operated Feedlot or
(5)

Page 67: Formatted

Highlight
Page 67: Added

(5)

Page 67: Deleted

if located on a tract of land 40 acres minimum in size and no adjacent residences are within one
(1) mile at the time of application.
(5)

Page 67: Deleted

Harris, Michael

5/6/2026 3:23:00 PM

Commercial Propagation, Boarding, Grazing, or
(5)

Page 67: Added

Harris, Michael

5/6/2026 3:33:00 PM

Residential property owned by the applicant not included.
(5)

Page 67: Deleted

Harris, Michael

5/6/2026 3:33:00 PM

Harris, Michael

4/14/2026 9:51:00 PM

Harris, Michael

4/14/2026 9:51:00 PM

Harris, Michael

5/6/2026 3:25:00 PM

Harris, Michael

5/6/2026 3:35:00 PM

(5)

Page 67: Deleted

adjacent
(5)

Page 67: Added

adjoining
(5)

Page 67: Deleted

wholesale feed lot
(5)

Page 67: Deleted

Commercial Propagation, Boarding, Grazing or Butchering of Small Animals
and Fowl provided that the animals may not be stabled or processed within
two hundred (200) feet from any property line and the operation is not
considered a wholesale feed lot or meat packing use.
Page 67: Deleted

Harris, Michael

5/6/2026 4:21:00 PM

Harris, Michael

5/6/2026 3:36:00 PM

Small (see Section 8.15.1)
(5)

Page 67: Deleted

Day Care Center, Group Day Care Home, Family Day Care Home,
Community Residential Facility.
Page 67: Added

Harris, Michael

5/6/2026 3:39:00 PM

Harris, Michael

5/6/2026 3:39:00 PM

(5)
Brewery
Page 67: Formatted

Indent: Left: 1.5", No bullets or numbering
Page 67: Deleted

Harris, Michael

5/6/2026 3:39:00 PM

Harris, Michael

5/6/2026 3:43:00 PM

.
Page 67: Added

(5)

Event center.
(5)

Page 68: Deleted

Harris, Michael

4/14/2026 9:51:00 PM

Harris, Michael

4/14/2026 9:51:00 PM

Harris, Michael

5/6/2026 4:17:00 PM

adjacent
(5)

Page 68: Added

adjoining
(5)

Page 68: Deleted

Second Single-Family Dwelling on parcel less than forty (40) acres.
Page 68: Deleted

Harris, Michael

3/24/2026 7:52:00 AM

Landscaping requirements shall be in accordance with Section 8.18;
and
Page 72: Deleted

Harris, Michael

4/9/2026 9:25:00 PM

7.9
1.1
Page 72: Added

Harris, Michael

4/9/2026 9:39:00 PM

PUBLIC LANDS AND INSTITUTIONS
1.1
Page 72: Deleted

Harris, Michael

4/16/2026 12:09:00 PM

Harris, Michael

4/16/2026 12:09:00 PM

OPEN SPACE (OS)
1.1
Page 72: Commented [MH42]

Changing Open Space Zone to PLI which is more accurate. Open Space is the incorrect definition and
our regulations state we can limit land use based on open space zoning designation.
This breaks out those land owned by the government exempt from zonng and adds a multiple use overlay
designation to address private conservation lands, parks, recreation and private floodways.
Page 72: Commented [MH42R2]

Harris, Michael

6/9/2026 11:31:00 AM

THE ZONING UNDER WHAT IS NOW OPEN SPACE
Page 72: Added

Harris, Michael

6/9/2026 11:15:00 AM

7.9.1 INTENT
A zoning designation intended to provide and reserve areas for public uses
in order to preserve and provide adequate land for a variety of community
facilities which serve the public health, safety and general welfare. Such
public uses would include schools, public buildings, parks, airports, jails,
utilities, etc. This zoning district would typically be found in the public land
but also includes some floodplain designations that occurred as part of a
subdivision review and approval.

As used in 76-2-402, and this section the following definitions apply:
(1) "Agency" means a board, bureau, commission, department, an authority, or
other entity of state or local government.
(2) "Local zoning regulations" means zoning regulations adopted pursuant to Title
76, chapter 2.
(3) Whenever an agency proposes to use public land contrary to local zoning
regulations, a public hearing must be held and the agency shall attend the public
hearing.
(4) The local governing body shall hold a hearing within 30 days of the date the
agency gives notice to the local governing body of its intent to develop land
contrary to local zoning regulations.
(5)The county has no authority to approve or deny the proposed use, only to allow
for public comment and to consider what impacts may need to be mitigated based
on the proposed use.

Procedure: Agency submits a location conformance permit to the Cascade County
Planning Department with their site plan meeting all the site plan criteria including
any uses that are contrary to local zoning regulations.
If the LC Review finds no uses contrary to local zoning regulations, they shall issue a
permit. If the find the a use is contrary to local zoning, they shall schedule hearing before
the BOCC for review and comment on the proposed activity
Page 72: Formatted

Harris, Michael

6/9/2026 11:16:00 AM

Harris, Michael

6/9/2026 11:16:00 AM

Harris, Michael

6/9/2026 11:15:00 AM

Indent: First line: 0.5"
Page 72: Formatted

Indent: Left: 0.5"
Page 72: Deleted

7.9.1 INTENT
The OS Zone is intended to open space recreation and environmental relief in
residential areas, riparian zones, and amenity areas.
7.9.2 REQUIRED LOT AREA
No minimum requirement.
7.9.3 LOT COVERAGE
All impervious surface area (roof, paved areas, etc.), shall cover no more than five
percent (5%) of the total open space.
7.9.4 PERMITTED PRINCIPAL USES
Agriculture and Forestry.
On-Site Construction Office.
Public or Private Park and Playground, Public and Private Forest and
Wildlife Preserve, and Similar Conservation Areas.
Utility Installation, Minor.
7.9.5 PERMITTED ACCESSORY USES: ACCESSORY BUILDINGS AND USES
CUSTOMARILY INCIDENTAL TO ANY OF THE ABOVE OS ZONE USES
INCLUDING:
Automobile Parking Area as required in Section 8.4.
Page 73: Deleted

Harris, Michael

4/14/2026 7:32:00 PM

Harris, Michael

4/14/2026 7:35:00 PM

YARD
1.1.1

Page 73: Added

SETBACKSETBACK
1.1.1

Page 73: Deleted

Harris, Michael

4/14/2026 7:32:00 PM

Harris, Michael

4/14/2026 7:35:00 PM

Harris, Michael

4/14/2026 7:32:00 PM

Harris, Michael

4/14/2026 7:35:00 PM

Harris, Michael

4/14/2026 7:32:00 PM

Harris, Michael

4/14/2026 7:35:00 PM

Harris, Michael

4/14/2026 7:32:00 PM

Harris, Michael

4/14/2026 7:35:00 PM

Harris, Michael

4/14/2026 7:32:00 PM

Harris, Michael

4/14/2026 7:35:00 PM

Harris, Michael

3/24/2026 7:53:00 AM

Yard
1.1.1

Page 73: Added

SetbackSetback
1.1.1

Page 73: Deleted

Yard
1.1.1

Page 73: Added

SetbackSetback
1.1.1

Page 73: Deleted

yard
Page 73: Added

setbacksetback
Page 73: Deleted

Yard
1.1.1

Page 73: Added

SetbackSetback
1.1.1

Page 73: Deleted

Yard
Page 73: Added

SetbackSetback
Page 73: Deleted

7.10.7 LANDSCAPING
Landscaping requirements shall be in accordance with Section 8.18.
Page 73: Deleted

Harris, Michael

Administrative Government Center.

5/6/2026 4:58:00 PM

Page 74: Formatted

Harris, Michael

5/6/2026 4:58:00 PM

Harris, Michael

5/6/2026 5:03:00 PM

Harris, Michael

5/6/2026 5:04:00 PM

Font color: Red
Page 74: Deleted

(Small Equipment/Machinery)
(1)
Page 74: Deleted

Casino, provide that it is not located on a premise immediately adjacent
(sharing a common property line, but not intended to include a street or
alley) to a residential zoning zone. Casinos may not be located within 600
feet (measured in a straight line, without regard to intervening structures
or streets, from the outer wall of the casino, to the outer wall of the
preceding use) of an education facility (K-12) or worship facility.
Page 74: Deleted

Harris, Michael

4/9/2026 7:48:00 PM

Federal Firearms Retailers, Dealers, Repairers.
Page 74: Deleted

Harris, Michael

5/6/2026 5:05:00 PM

Harris, Michael

5/6/2026 5:08:00 PM

Harris, Michael

5/6/2026 5:09:00 PM

Health Care Center.
Page 74: Deleted

Micro
(1)
Page 74: Deleted

Neighborhood Retailing or Service Facility including and similar in scope,
but not limited to, a Barber Shop, Beauty Shop, Retail Food Store,
Hotel/Motel, Hardware Store, Launderette, Professional or Business
Office, Conservatory, Locksmith Shop, Photography Studio, Restaurant,
Shoe Repair or Tailor Shop.
Page 75: Deleted

Harris, Michael

5/6/2026 5:03:00 PM

Harris, Michael

3/24/2026 7:53:00 AM

Small
(1)
Page 75: Deleted

(c)

Landscaping requirements shall be in accordance with Section 8.18;

Page 76: Deleted

Harris, Michael

5/6/2026 5:29:00 PM

Agricultural Building.
Page 76: Deleted

Harris, Michael

Large
(1)

5/6/2026 5:25:00 PM

Page 77: Deleted

Harris, Michael

3/24/2026 7:58:00 AM

Harris, Michael

4/14/2026 7:35:00 PM

Harris, Michael

3/24/2026 7:58:00 AM

Harris, Michael

3/24/2026 7:58:00 AM

Harris, Michael

3/24/2026 7:58:00 AM

Harris, Michael

4/14/2026 7:35:00 PM

Harris, Michael

4/14/2026 9:55:00 PM

Harris, Michael

4/14/2026 9:55:00 PM

Harris, Michael

4/14/2026 7:32:00 PM

Harris, Michael

4/14/2026 7:35:00 PM

Harris, Michael

4/14/2026 7:32:00 PM

Harris, Michael

4/14/2026 7:35:00 PM

Harris, Michael

4/14/2026 7:32:00 PM

YARD
A.

Page 77: Added

SETBACK
A.

Page 77: Deleted

S
A.

Page 77: Added

SETBACKS
A.

Page 77: Deleted

Yard
7.11.3.1

Page 77: Added

SetbackSetback
7.11.3.1

Page 77: Deleted

Adjacent
a.
Page 77: Added

Adjoining
a.
Page 77: Deleted

Yard
A.

Page 77: Added

SetbackSetback
A.

Page 77: Deleted

yard
Page 77: Added

setbacksetback
Page 77: Deleted

Yard
A.

Page 77: Added

Harris, Michael

4/14/2026 7:35:00 PM

Harris, Michael

4/14/2026 7:35:00 PM

Harris, Michael

4/14/2026 7:35:00 PM

Harris, Michael

3/24/2026 7:58:00 AM

Harris, Michael

4/16/2026 1:25:00 PM

SetbackSetback
A.

Page 77: Deleted

yard
a.
Page 77: Added

setback
a.
Page 78: Deleted

7.11.4 LOT COVERAGE
None designated.
Page 78: Deleted

7.11.7 LANDSCAPING REQUIREMENTS
Landscaping requirements shall be in accordance with Section 8.18.
Page 78: Deleted

Harris, Michael

5/6/2026 5:41:00 PM

Harris, Michael

5/6/2026 5:41:00 PM

Harris, Michael

4/14/2026 7:35:00 PM

Harris, Michael

4/14/2026 7:35:00 PM

Harris, Michael

5/6/2026 5:42:00 PM

Artisan Shop.
Page 78: Formatted

Highlight
Page 78: Deleted

Yard
(1)
Page 78: Added

Setback
(1)
Page 78: Deleted

Contractor Yard, Small (see Section 8.15.1).
Educational Facility.
Page 78: Deleted

Harris, Michael

Park.
Parking Garage.

5/6/2026 5:42:00 PM

Parking Lot.
Parking Structure.
Page 78: Deleted

Harris, Michael

5/6/2026 5:43:00 PM

Harris, Michael

4/14/2026 7:33:00 PM

Harris, Michael

4/14/2026 7:25:00 PM

Harris, Michael

4/14/2026 7:33:00 PM

Harris, Michael

6/11/2026 9:05:00 AM

Public Institution.
Page 79: Deleted

YARD
1.1.1

Page 79: Added

1.1
Page 80: Deleted

YARD
1.1.1

Page 80: Commented [MH43]

If we are going to have a section on supplementary regulations then we should combine all of those
together into one section. For example combine Section 3 through 6 together with 8.
Currently there will be some regulations for a single LC permit scattered into multiple different areas and
supplementary regulations.
Group by that which applies to all and branch out into that which applies specific.
Page 81: Commented [MH44]

Harris, Michael

5/13/2026 1:57:00 PM

The sign regulations need to be updated for accurate definitions. We currently see very few complaints
about signs. The most time spent on signs is attempting to interpret the meaning of the sign zoning for
individual permits.
Page 82: Added

Harris, Michael

4/14/2026 9:55:00 PM

Harris, Michael

3/24/2026 7:53:00 AM

adjoining
1.

Page 82: Deleted

No sign shall occupy any front, side, or rear landscaping buffer area.
Page 82: Deleted

Harris, Michael

4/14/2026 9:55:00 PM

Harris, Michael

4/14/2026 9:55:00 PM

Harris, Michael

6/11/2026 9:10:00 AM

adjacent
1.

Page 82: Added

adjoining
1.

Page 83: Commented [MH45]

This language is an example of not fitting the type of land use regulation we are dealing with here in the
county.
Since they made by statute the burden on the government to prove a nonconforming use changed we
need to be realistic with the resources we have for compliance enforcement.
Page 83: Deleted

Harris, Michael

5/13/2026 2:08:00 PM

NATURAL PRODUCTION USE
1.1.1

Page 83: Added

Harris, Michael

5/13/2026 2:08:00 PM

Harris, Michael

5/13/2026 3:58:00 PM

GRAVEL MINING
1.1.1

Page 83: Added

As per 76-2-209 Except as provided in 82-4-431, 82-4-432, and subsection (2) of
this section, a resolution or rule adopted pursuant to the provisions of this part,
except76-2-206, may not prevent the complete use, development, or recovery of
any mineral, forest, or agricultural resources by the owner of any mineral, forest,
or agricultural resource.
(2) The complete use, development, or recovery of a mineral by an
operation that mines sand and gravel or an operation that mixes concrete or
batches asphalt may be reasonably conditioned or prohibited on a site that is
located within a geographic area zoned as residential, as defined by the board of
county commissioners and in effect prior to the filing of a permit application or at
the time a written request is received for a preapplication meeting pursuant to
82-4-432.
(3) Zoning regulations adopted under this chapter and in effect prior to the
filing of a permit application or at the time a written request is received for a
preapplication meeting pursuant to 82-4-432 may reasonably condition, but not
prohibit, the complete use, development, or recovery of a mineral by an operation
that mines sand and gravel and may condition an operation that mixes concrete
or batches asphalt in all zones other than residential.
Page 84: Added

Harris, Michael

5/13/2026 3:59:00 PM

Harris, Michael

5/13/2026 3:59:00 PM

Harris, Michael

5/13/2026 3:59:00 PM

Harris, Michael

5/13/2026 3:59:00 PM

Harris, Michael

5/13/2026 3:59:00 PM

Harris, Michael

5/13/2026 3:59:00 PM

n administrative waiver
Page 84: Deleted

Special Use Permit
Page 84: Added

shall be
Page 84: Deleted

may
Page 84: Added

granted
Page 84: Deleted

be reviewed by the Zoning Board of Adjustment (ZBOA)

Page 84: Deleted

Harris, Michael

5/13/2026 4:00:00 PM

Harris, Michael

5/13/2026 4:00:00 PM

Harris, Michael

5/13/2026 4:00:00 PM

Harris, Michael

5/13/2026 4:01:00 PM

Harris, Michael

5/13/2026 4:01:00 PM

Harris, Michael

5/13/2026 4:02:00 PM

Harris, Michael

5/13/2026 4:02:00 PM

Harris, Michael

5/13/2026 4:02:00 PM

Harris, Michael

5/13/2026 4:11:00 PM

Harris, Michael

5/13/2026 4:11:00 PM

-20,
Page 84: Added

A,
Page 84: Deleted

A,
Page 84: Deleted

RR-5 Zone, SR-1 Zone, SR-2 Zone, or in an
Page 84: Added

, I-2 Heavey industrial
Page 84: Added

s
Page 84: Deleted

and as provided in these regulations,
Page 84: Added

for
Page 84: Deleted

No rock crusher, cement plant
(1)

Page 84: Deleted

or other crushing, grinding, or polishing or cutting machinery, or other physical or chemical
process for treating the product of such quarry
(1)

Page 84: Added

Harris, Michael

5/13/2026 4:12:00 PM

Harris, Michael

5/13/2026 4:12:00 PM

Harris, Michael

5/13/2026 4:12:00 PM

No
(1)

Page 84: Deleted

(1)

Page 84: Added

operation that mixes concrete or batches asphalt
(1)

Page 84: Commented [MH46]

Harris, Michael

5/13/2026 4:16:00 PM

DEQ state law, does not need to be a county condition.,
Page 84: Deleted

Harris, Michael

5/13/2026 4:15:00 PM

In the case where excavation activity is discontinued, the excavation shall
be restored in accordance with Open Cut Mining Reclamation guidelines
(see MCA § 82-4-400, et. seq).

Page 84: Deleted

Harris, Michael

5/13/2026 4:17:00 PM

Harris, Michael

4/14/2026 9:55:00 PM

Harris, Michael

4/14/2026 9:55:00 PM

Harris, Michael

5/13/2026 4:20:00 PM

Harris, Michael

5/13/2026 4:20:00 PM

natural production
(1)

Page 84: Deleted

adjacent
(1)

Page 84: Added

adjoining
(1)

Page 84: Added

.
(1)

Page 84: Deleted

as determined by the Zoning Board of Adjustment.
(1)

Page 84: Commented [MH47]

Harris, Michael

5/13/2026 4:23:00 PM

Does DEQ set hours of operation for a permit? We have not complaints about hours of operation from
gravel or mining operations.
Ideally we would have one standard for hours of operation related to the specific impact it is intended to
mitigate.
Page 84: Commented [MH48]

Harris, Michael

6/11/2026 9:00:00 AM

Correct natural resource extraction to follow the MCA. Ours currently does not.
Page 84: Formatted

Harris, Michael

5/13/2026 4:24:00 PM

Harris, Michael

5/13/2026 4:25:00 PM

Highlight
Page 84: Commented [MH49]

Align for section 7.1 admin waiver across lot lines.
This is another section that is confusing to administer because the wording does not match the location or
the specific use in the document.
All interpretations, variances, waivers, permits and appeals should be grouped together in one section.
Page 85: Deleted

Harris, Michael

5/13/2026 4:28:00 PM

8.1.7 REVERSE AND KEY LOTS
In the case of a reverse lot, the building setback line shall be the same as the key
lot.
Page 85: Commented [MH50]

Harris, Michael

6/11/2026 9:15:00 AM

We deleted this mainly because we were not aware if we have any. The definition of “lot” and types of
lots will be changes to they are the same in all regulations unless specifically different by statute.
Page 85: Deleted

Harris, Michael

5/13/2026 4:30:00 PM

for a continuous period of one (1) year shall be deemed to be abandoned,
Page 85: Added

Harris, Michael

5/13/2026 4:31:00 PM

Page 85: Deleted

Harris, Michael

5/13/2026 4:31:00 PM

Harris, Michael

5/13/2026 4:31:00 PM

Harris, Michael

5/13/2026 4:36:00 PM

shall
Page 85: Added

may
Page 85: Deleted

8.1.9 ZONING DESIGNATION PER LOT/TRACT OF LAND
Each parcel of land shall have only one zoning designation.
Page 85: Commented [MH51]

Harris, Michael

5/13/2026 4:38:00 PM

This is an issue that needs to be cleaned up. Different sections define zone boundaries differently. This
one for example does not take into account overlay zones which do not follow lot lines.
Page 85: Deleted

Harris, Michael

4/14/2026 7:33:00 PM

Harris, Michael

4/14/2026 7:35:00 PM

Harris, Michael

4/14/2026 7:33:00 PM

Harris, Michael

4/14/2026 7:35:00 PM

Harris, Michael

4/14/2026 7:33:00 PM

Harris, Michael

4/14/2026 7:35:00 PM

Harris, Michael

4/14/2026 7:33:00 PM

Harris, Michael

4/14/2026 7:35:00 PM

Harris, Michael

4/14/2026 7:33:00 PM

Harris, Michael

4/14/2026 7:35:00 PM

Harris, Michael

4/14/2026 8:06:00 PM

YARD
1.1
Page 85: Added

SETBACKSETBACK
1.1
Page 85: Deleted

yard
Page 85: Added

setbacksetback
Page 85: Deleted

yard
Page 85: Added

setbacksetback
Page 85: Deleted

yard
Page 85: Added

setbacksetback
Page 85: Deleted

yard
Page 85: Added

setbacksetback
Page 85: Deleted

Woven fencing shall not be erected anywhere in the county for range fencing, however, woven
fencing may be used for small area enclosures such as corrals, pens, coops, and the like.
Page 85: Deleted

Harris, Michael

5/13/2026 4:43:00 PM

measured from the natural grade (natural grade does not include landscaped berms)
Page 85: Deleted

Harris, Michael

4/14/2026 8:09:00 PM

Harris, Michael

4/14/2026 8:09:00 PM

Harris, Michael

4/14/2026 8:09:00 PM

Harris, Michael

4/14/2026 8:09:00 PM

Board of Adjustment
Page 85: Added

Administrator
Page 85: Added

.
Page 85: Deleted

upon approval by the Zoning Board of Adjustment.
Page 86: Deleted

Harris, Michael

4/14/2026 8:08:00 PM

Harris, Michael

4/14/2026 8:08:00 PM

Harris, Michael

4/14/2026 8:10:00 PM

ELECTRIC
A.

Page 86: Added

PRIVACY
A.

Page 86: Added

A.
Z.
AA. Privacy fencing intended to shield the interior of property from
the view from a public road must be constructed of wood,
corrugated metal, composite materials or other material
produced and sold as fencing material.
BB.
Fences must be constructed according to IRC Section R403.1.4.1 standards to meet
frost, snow and wind loads.
A.

Page 86: Deleted

Harris, Michael

4/14/2026 8:08:00 PM

No fence of an electrically charged type shall be erected in the UR, MH, or
MU Zones. Electrically charged fences utilized for agricultural use are
allowed in any other zone provided: (1) the energizer for the fence is
designed for livestock; (2) the voltage of the energizer is appropriate for
the
particular
livestock
and/or
animals
intended
for
containment/determent under the agricultural use; (3) uses low
impedance circuitry, millisecond-rate pulsating current, and low
amperage; and (4) the electric fence is not used in conjunction with a
barbed-wire fence for the same fenced perimeter.
Page 86: Commented [MH52]

Harris, Michael

6/11/2026 9:19:00 AM

All fencing requirements or building and design standards need to be combined together in one section
not scattered.
Page 86: Deleted

Harris, Michael

4/14/2026 7:33:00 PM

Harris, Michael

4/14/2026 7:35:00 PM

Harris, Michael

4/14/2026 7:33:00 PM

Harris, Michael

4/14/2026 7:35:00 PM

Harris, Michael

4/14/2026 7:33:00 PM

Harris, Michael

4/14/2026 7:35:00 PM

Harris, Michael

4/14/2026 9:55:00 PM

Harris, Michael

4/14/2026 9:55:00 PM

Harris, Michael

4/14/2026 7:33:00 PM

Harris, Michael

4/14/2026 7:35:00 PM

Harris, Michael

4/14/2026 7:34:00 PM

Harris, Michael

4/14/2026 7:35:00 PM

Harris, Michael

4/14/2026 8:25:00 PM

Harris, Michael

4/14/2026 8:25:00 PM

YARD
1.1.1

Page 86: Added

SETBACKSETBACK
1.1.1

Page 86: Deleted

yard
Page 86: Added

setbacksetback
Page 86: Deleted

yard
Page 86: Added

setbacksetback
Page 86: Deleted

adjacent
Page 86: Added

adjoining
Page 86: Deleted

yard
Page 86: Added

setbacksetback
Page 86: Deleted

yard
Page 86: Added

setbacksetback
Page 86: Deleted

LOTS IN TWO ZONES
1.1.1

Page 86: Added

1.1.1 MUNICIPAL TRANSITIONS
0.0.0 Where lots adjoin a municipal boundary, setbacks, utility corridors,
stormwater easements, and transportation right of way shall meet the
minimum standards of the city of town.
The transition requirement only applies to major or minor subdivisions.
1.1.1

Page 86: Formatted

Harris, Michael

5/13/2026 4:49:00 PM

Harris, Michael

5/13/2026 4:51:00 PM

Highlight
Page 86: Commented [MH53]

Clarify that it is not a building requirement only a setback requirement.
Page 86: Deleted

Harris, Michael

5/13/2026 4:53:00 PM

Where a zone boundary line divides a lot in single or joint ownership of record at
the time such line is adopted, the regulations for the less restricted portion of such
lot shall extend not more than thirty (30) feet into the more restricted portion,
provided the lot has frontage on a street in the less restricted zone.
8.3.2 SIDE AND REAR YARD TRANSITION
Where a lot in a business or industrial zone abuts a lot in any Residential Zone,
there shall be provided along such abutting lines a yard at least equal in width or
depth to that required in the Residential Zone.
8.3.3 FRONT YARD TRANSITION
Where the frontage of one (1) side of a street between two (2) intersecting streets
is zoned partly as residential and partly as business or industrial, the front yard
depth in a business or industrial zone shall be at least equal to the required front
yard depth in the Residential Zone.
8.3.4 CORNER YARD TRANSITION
On every corner lot in a Residential Zone, there shall be provided on the side
street, a side yard equal in depth to the required front yard depth of buildings
fronting on said side street.
Page 86: Commented [MH54]

Harris, Michael

6/11/2026 9:27:00 AM

The transition regulations I am removing the side and rear yard transitions, etc. because that type of
design standard works during a subdivision but lot by lot in the county it does not. Most of the lots we are
dealing with are pre subdivision.
Again, do not regulate something we do not have the resources to implement and enforce.
I am proposing to rewrite this section to attempt to address areas where the project is next to a city or
other special district in order to align the FUTURE INFRASTRUCTURE requirements as the city expands.
This is does not mean the landowner has to build the infrastructure through zoning approval but align the
setbacks or construction to accommodate future infrastructure.

For example, if a project is adjacent to the city and the city plan calls for the street to be a future arterial
the standard for that setback along that road would be based on the planned width of the future road.
Page 86: Added

Harris, Michael

4/14/2026 8:39:00 PM

, ACCESS ROADS AND DRIVEWAYS
1.1
Page 87: Added

Harris, Michael

4/14/2026 8:34:00 PM

Page 88: Deleted

Harris, Michael

5/13/2026 4:59:00 PM

Page 88: Formatted

Harris, Michael

4/14/2026 8:34:00 PM

Harris, Michael

5/13/2026 5:01:00 PM

Harris, Michael

5/13/2026 4:59:00 PM

Indent: Left: 0"
Page 88: Formatted

Highlight
Page 88: Deleted

shall be prepared at a scale of not less than one (1) inch equals one hundred feet (1" = 100')
Page 88: Commented [MH55]

Harris, Michael

6/11/2026 9:32:00 AM

In addition to moving all application criteria including site plans into one section it also needs to reflect
what is actually provided. This scale standard is rarely followed, less and less people understand it or
know how to use it.
If the desire is to have sets of actual scaled site plans then we need be clear on what the standards This
level of site planning is not a DIY. Plans for many permitting functions of other agencies would require
stamped drawings be submitted.
There a pros and cons to both alternative.
Page 88: Deleted

Harris, Michael

4/14/2026 9:55:00 PM

Harris, Michael

4/14/2026 9:55:00 PM

Harris, Michael

5/13/2026 5:03:00 PM

Harris, Michael

5/13/2026 5:11:00 PM

adjacent
a.

Page 88: Added

adjoining
a.

Page 88: Formatted

Highlight
Page 88: Commented [MH56]

Septic permit and 602I. Need to define application, vs septic permit, vs installed.
This is an important distinction. If Location Conformance Permits are going to be used as the catch all for
other permits and tax collections then the regulations need to state that clearly and apply it consistently.
Currently we withhold the LC permit until the septic permit is also approved. Nothing in the regulations

authorizes us to withhold the permit for this reason.
Page 88: Added

Harris, Michael

4/14/2026 8:42:00 PM

Harris, Michael

3/24/2026 7:53:00 AM

a.

Page 88: Deleted

Location and type of existing and proposed landscaping or
buffering.
Page 88: Added

Harris, Michael

4/14/2026 8:44:00 PM

Kennels are permitted and enforced under the Cascade County animal control
ordinance.
1.1.1

Page 88: Deleted

Harris, Michael

4/14/2026 8:46:00 PM

REGULATED BUSINESSES INCLUDE, BUT ARE NOT LIMITED TO:
Pet Wholesalers.
Pet Breeders.
8.7.2 EXEMPT FACILITIES INCLUDE, BUT ARE NOT LIMITED TO:
Retail Pet Stores/Pet Adoption Accessory Use.
Public Animal Shelter.
Laboratory Animal Dealers and Breeders.
Animal Brokers.
Wild Animal Dealers.
8.7.3 OTHER REQUIREMENTS:
(1)
Page 88: Commented [MH57]

Harris, Michael

6/11/2026 9:36:00 AM

This needs to be moved and defined as to where it fits in general zoning use standards. Why does the
county need a separate section on Kennels. Kennels can be regulated through the animal control
ordinance.
Page 90: Deleted

Harris, Michael

4/14/2026 8:48:00 PM

Must be located at least one thousand (1000) feet from any permitted principal
use in the Rural Residential – 5 (RR-5) Zone.
Page 90: Commented [MH58]

Harris, Michael

5/13/2026 5:13:00 PM

Harris, Michael

5/13/2026 5:19:00 PM

Harris, Michael

4/14/2026 9:55:00 PM

Cant define it and cant enforce it
Page 92: Added

COMMERCIAL
1.1
Page 93: Deleted

adjacent
(1)

Page 93: Added

Harris, Michael

4/14/2026 9:55:00 PM

Harris, Michael

6/11/2026 9:39:00 AM

adjoining
(1)

Page 93: Commented [MH59]

Oil and Gas should be moved together under natural resource development. Our regulations go beyond
what the MCA allows us to and need to be updated as well.
Page 94: Added

Harris, Michael

6/9/2026 11:20:00 AM

any applicable permits from the state agencies must be included in the application.
Page 94: Deleted

Harris, Michael

6/9/2026 11:19:00 AM

every temporary fireworks stand shall obtain a Fireworks Permit for the County of Cascade
County, Montana.
Page 94: Formatted

Harris, Michael

5/13/2026 5:36:00 PM

Harris, Michael

5/13/2026 5:36:00 PM

Highlight
Page 94: Commented [MH60]

County does not issue Fireworks Permits. The departments role is to address and permit the temporary
use. It is not to enforce the fire code.
Page 94: Deleted

Harris, Michael

4/14/2026 7:34:00 PM

Harris, Michael

4/14/2026 7:35:00 PM

Harris, Michael

4/14/2026 7:34:00 PM

Harris, Michael

4/14/2026 7:35:00 PM

Harris, Michael

4/14/2026 7:34:00 PM

Harris, Michael

4/14/2026 7:35:00 PM

Harris, Michael

4/14/2026 7:34:00 PM

Harris, Michael

4/14/2026 7:35:00 PM

Yard
a.

Page 94: Added

SetbackSetback
a.

Page 95: Deleted

Yard
a.

Page 95: Added

SetbackSetback
a.

Page 95: Deleted

Yard
a.

Page 95: Added

SetbackSetback
a.

Page 95: Deleted

yard
a.

Page 95: Added

setbacksetback
a.

Page 95: Deleted

Harris, Michael

4/14/2026 7:35:00 PM

Harris, Michael

4/14/2026 7:35:00 PM

Harris, Michael

4/14/2026 7:35:00 PM

Harris, Michael

4/14/2026 7:35:00 PM

Harris, Michael

4/14/2026 7:35:00 PM

Harris, Michael

4/14/2026 7:35:00 PM

Harris, Michael

4/14/2026 7:35:00 PM

Harris, Michael

4/14/2026 7:35:00 PM

Harris, Michael

4/14/2026 7:35:00 PM

Harris, Michael

4/14/2026 7:35:00 PM

Harris, Michael

5/13/2026 5:41:00 PM

YARD
1.1
Page 95: Added

SETBACK
1.1
Page 95: Deleted

YARD
1.1.1

Page 95: Added

SETBACK
1.1.1

Page 95: Deleted

yard
(1)

Page 95: Added

setback
(1)

Page 96: Deleted

YARD
1.1.1

Page 96: Added

SETBACK
1.1.1

Page 96: Deleted

yard
(1)

Page 96: Added

setback
(1)

Page 96: Deleted

which shall not be mounted on a pole or in the air and must be placed on the home within four
feet of the main entry door.
a.

Page 96: Deleted

Harris, Michael

5/13/2026 5:42:00 PM

Only employment of immediate family members is permitted.
Page 96: Deleted

Harris, Michael

Art studio;
Dress and drapery making;

5/13/2026 5:40:00 PM

Teaching with musical instruments limited to a single pupil at a time; and/or
Preparation of food for off-premises sale provided approval by all other required
federal, state, and county regulations are met.
Page 96: Deleted

Harris, Michael

5/13/2026 5:38:00 PM

Harris, Michael

5/13/2026 5:38:00 PM

Restaurants;
Page 96: Added

(1)
(1)

Restaurants; Not including the preparation of food for off-premises sale provided
approval by all other required federal, state, and county regulations are met.

(3)
Page 97: Deleted

8.18

Harris, Michael

5/13/2026 4:37:00 PM

LANDSCAPING REQUIREMENTS

The Cascade County Commission, in order to provide for a healthy community and environment,
a more pleasant living environment, increased property values, and to provide for a lasting social,
economic, environmental, and aesthetic benefit to the county, has enacted the following
landscaping requirements for all C, I-1, I-2, MU, and MH and as otherwise required in these
regulations.
The general purpose of these requirements is to make the county more attractive and
aesthetically pleasing, promote and improve public health and safety through the abatement of
noise, glare of lights, dust, and air pollution, ensure that land uses of different intensity have
sufficient buffering between them to minimize negative effects, promote economic
development by providing a high quality of life, enhance ambient environmental conditions by
providing shade, air purification, oxygen regeneration, groundwater recharge, storm water
runoff retardation, and heat abatement.
Page 97: Commented [MH61]

Harris, Michael

6/11/2026 9:43:00 AM

All Landscaping Requirements have been removed. They are unenforceable with our current resources
and regulatory permitting process.
Page 97: Deleted

Harris, Michael

4/16/2026 1:32:00 PM

8.18.1 LANDSCAPING PLAN REQUIREMENTS
A landscaping plan must be approved by the Zoning Administrator or his/her
designee before the issuance of a location/conformance permit. The developer is
encouraged to work with a local landscape architect, nurseryman, or design
professional to make the landscaping an integral part of the overall site design by
using site-specific materials which are:
Appropriate to the site conditions;
Inhibit the spread of noxious or invasive plant species;
Encourage low maintenance, high quality design; and

Be otherwise consistent with the intent of this chapter.
A list of recommended plants can be obtained from the Montana State University
Extension Service.
The Landscaping Plan should contain the following elements:
Scale: ¼"=1'0" to 1"=40'
Property lines, easements, and public rights-of-way, including clear vision
triangles
Buildings or structures - both new and existing.
Drive approaches, parking spaces, light standards, circulation, and
pedestrian walkways.
Landscaping materials:
Location and spacing of proposed plant materials
Location of existing trees or landscaping to be preserved or
eliminated
Types and location of new vegetation identified by botanical and
common names and listed on a plant schedule
Size of materials, in caliper, diameter and height at installation and
maturity
Quantity of each planting materials to be used
Types and location of inorganic landscaping material
Location of walls, fences and refuse storage area
Methods of protecting the landscaped areas
Proposed treatment of all ground surfaces (concrete or asphalt paving,
pavers, turf, or gravel)
All planted materials and property shall be maintained free of noxious weeds, and
properly maintained in order to present a healthy, neat, and orderly appearance,
free from refuse, weeds, and debris. Any plant materials which have died or have
been irreparably damaged shall be removed and replaced with living plant
materials consistent with the approved landscape plan or as required by these
regulations.
8.18.2 MINIMUM REQUIREMENTS
8.18.2.1 STREET FRONTAGE LANDSCAPING
The area along any property line which abuts a public street right-of-way
must be landscaped using one (1) or a combination of two (2) or more of
the following four (4) options which the developer may choose:

Option 1:

Fifteen (15) foot minimum buffer yard width with one (1)
tree per eighty (80) linear feet of frontage.

Option 2:

Ten (10) foot minimum buffer yard width with two (2) trees
per eighty (80) linear feet of frontage.

Option 3:

Landscaped berm with two (2) foot minimum average
height,
One (1) foot rise: 4' run maximum slope, and no minimum
or maximum berm width.
One (1) tree per eighty (80) linear feet of frontage in
addition to berm.

Option 4:

Five (5) foot minimum buffer yard with one (1) tree per
forty (40) linear feet of frontage and a thirty (30) inch high
decorative or non-decorative wall located appurtenant to
the parking area.
A non-decorative wall shall be covered with vines on the
street side of the wall.
A continuous hedge may be substituted for the required
fence or wall, as long as it has a minimum height at
installation of three (3) feet.

Placement and landscaping design shall be at the discretion of the
developer, including the placement of the required trees within the
required buffer yard. Buffer yard depth is measured from the property line
inward.
8.18.2.2. PERIMETER LANDSCAPING
The exterior boundaries of the lot which do not abut a public street rightof-way shall meet the buffer yard requirements shown below, depending
upon the adjacent land use. The table below provides the buffer yard
requirements based upon the Applicant’s use and the adjacent uses. If the
adjacent land use is a vacant building or ground, then the zoning shall be
used in place of the land use.

Residential
Uses
Commercial
Uses
Industrial
Uses

BUFFER YARD REQUIREMENTS
Commercial
Industrial
Agricultural
Uses
Uses
Uses

Public Uses

C

A

B

B

B

D

B

A

B

D

Note: If a use does not conform to one of the above categories, the Zoning Administrator shall
determine which category best matches the use.

8.18.2.3 BUFFER YARD CLASSIFICATION REQUIREMENTS:
Buffer Yard A: No Landscaping Required.
Buffer Yard B: Five (5) foot minimum buffer yard with one (1) tree per forty
(40) linear feet.
Buffer Yard C: Ten (10) foot minimum buffer yard with two (2) trees per
forty (40) linear feet and either a six (6) foot sight obscuring fence or a wall
located on the property line.*
Buffer Yard D: Fifteen (15) foot minimum buffer yard with four (4) trees
per forty (40) linear feet and either a six (6) foot sight obscuring fence or a
wall located on the property line.*
*A continuous hedge may be substituted for the required fence or wall in
Buffer yards C and D, as long as it has a minimum height at installation of
three (3) feet and maintains such size or reaches six (6) feet or more at
maturity.
Placement and landscaping design shall be at the discretion of the
developer, including the placement of the required trees within the
required buffer yard. Buffer yard depth is measured from the property line
inward. Any buffer area which overlaps another buffer area shall be
subtracted from the total to avoid double counting.
8.18.2.4 BUFFER YARD STANDARDS FOR ALL DEVELOPMENT
(1)
All required buffer yards must contain a minimum of seventy-five
(75) percent organic landscaping material, with a maximum of
twenty-five (25) percent nonliving landscaping materials.
(2)
All required buffer yards shall be maintained and kept free of
weeds, debris, and litter.
(3)
The use of coniferous trees is encouraged in the perimeter buffer
yards.
8.18.2.5 OTHER REQUIREMENTS
All land area which is not part of the designated parking lot, curbs and
sidewalks along the roadways or entrances to the buildings, driveways, or
vehicle access approaches, shall be planted and maintained in turf grass,
natural grass, flowers, shrubs, or any combination thereof.
Any paved parking lot must provide a storm water runoff plan that may be
required to meet Department of Environmental Quality Storm Water
Runoff Regulations. Unpaved parking lots must provide adequate dust,
erosion, and surface water runoff protection as approved by the Zoning
Administrator.

8.18.3 ADMINISTRATIVE RELIEF
Administrative Relief is provided to add flexibility in the application of the
landscaping regulations in this section when a standard is inapplicable or
inappropriate to a specific use or design proposal. However, the granting of
Administrative Relief should not always mean that a requirement is reduced
without compensation. For example, the granting of a reduced buffer yard depth
should be compensated by the planting of additional trees, shrubs, or other
plants.
A written request for Administrative Relief shall be submitted to the Zoning
Administrator or his/her designee either before or in conjunction with the
location/conformance permit review process. The written request shall include a
justification in terms of the findings necessary to grant Administrative Relief. The
written request with decision shall be attached to the plan or retained in the
applicable file, as appropriate. An example of this written request shall be
available from the Planning Department.
The Zoning Administrator or his/her designee must make all of the following
findings in order to grant Administrative Relief:
The strict application of the regulation in question is unreasonable given
the development proposal or the measures proposed by the Applicant or
that the property has extraordinary or exceptional physical conditions that
do not generally exist in nearby properties in the same general area and
such conditions will not allow a reasonable use of the property in its
current zone in absence of relief;
The intent of the landscaping section and the specific regulation in
question is preserved; and
The granting of the Administrative Relief will not result in an adverse
impact upon surrounding properties.
The Zoning Administrator or his/her designee shall render a decision on the
request within five (5) working days of receipt of the request and all required
information. An appeal of the Zoning Administrator's decision may be made to
the Zoning Board of Adjustment with jurisdiction over the property, within ten
(10) days after the decision. At this time, the appeal will be put on the agenda for
the next Zoning Board of Adjustment meeting which allows for the required public
notice.
8.18.4 POLICIES
The Planning Department recognizes that the specific landscape
requirements in this section cannot and do not anticipate all possible
landscape situations. In addition, the Planning Department recognizes
that there may be landscape proposals which conform to the purpose,
intent, and objectives of the landscape regulations, but were not
anticipated in the specific regulations.
Therefore, the Planning

Department may grant Administrative Relief in the event of these
situations and proposals.
The Planning Department recognizes that a proposed development of a
relatively small commercial or industrial lot which was created prior to the
current landscape requirements may present unusual difficulties in
complying with the current requirements.
The Planning Department shall attempt to balance the reasonable use of
such lot with the provision of required landscaping. This balance will be
affected by the site's characteristics, as well as, the proposed development
plan.
The Planning Department also recognizes that to allow reasonable
development there should be an upper limit to the amount of a site that is
required to be landscaped. As a general guideline for relatively small
commercial or industrial lots (such as one (1) acre or less), the
requirements should not exceed twenty-five (25) percent of a site.
The reasonable development of a site may require the granting of Administrative
Relief to some of the requirements. Although all of the categories of landscape
requirements are considered important, the Planning Department generally
assigns the following priorities for compliance with the landscape requirements:
First, adjacent residential uses should be buffered.
Second, an attractive appearance of the project should be provided along
adjacent streets by landscaped setbacks and trees.
Third, the parking areas and building elevations which form major public views of
the project should be visually softened and enhanced by trees and other plantings.
Compliance with the requirements, such as the third priority above, should not be
forced into a site design. For both visual effect and ease of maintenance, relatively
few, but larger landscaped areas, which are integrated with the other elements of
the site design, are generally encouraged. In addition, relatively numerous and
smaller landscaped areas, which are not integrated with the other elements of the
site design, are generally discouraged.
Page 97: Deleted

Harris, Michael

4/14/2026 7:37:00 PM

Harris, Michael

4/9/2026 7:49:00 PM

ZONE
1.1
Page 98: Added

0.0.
FEDERAL FIREARMS LICENSE (FFL)DEALERS: Federal Firearms
License Dealers are allowed in all zoning districts. An FFL is not an
indication of a retail business. A retail sporting goods or firearms

store would be the same type of use as any other commercial retail
use and would be an allowed use anywhere commercial retail is
allowed.
0.0.

DATA CENTERS AND DIGITAL MINING

0.0
0.0

76-2-1003. Right to mine digital assets. (1) A governing body of
a city or town, the governing bodies of more than one city or town,
the governing body of a county, or any combination of those
governing bodies may not enact an ordinance, resolution, or rule
that:

0.0

(a) imposes requirements on a digital asset mining business
that are not also requirements for data centers in its area of
jurisdiction;

0.0

(b) prevents a digital asset mining business from operating in
an area zoned for industrial use; or

0.0

(c) prevents home digital asset mining at a private residence,
except as related to existing noise ordinances.

0.0

(2) Any digital asset mining business operating on or before
May 2, 2023, may continue to operate regardless of any change in
zoning or regulations.

0.0

History: En. Sec. 3, Ch. 344, L. 2023.

Page 98: Commented [MH62]

Harris, Michael

6/11/2026 9:44:00 AM

Update to clarify there is no zoning restriction on FFL. The use is addressed through the business type,
i.e., a retail store.
Page 98: Commented [MH63]

Harris, Michael

6/11/2026 9:46:00 AM

Updated to meet the state requirements on zoning and data centers.
There is no need to look at any special zoning conditions for data centers in this county aside from
determining where they fit as a use, i.e., commercial, MU-20, I-2, etc.
Page 99: Formatted

Harris, Michael

4/9/2026 8:48:00 PM

Sec Heading 2, Left, Space Before: 0 pt, After: 0 pt, Line spacing: single, No bullets
or numbering
Page 100: Added

Harris, Michael

4/9/2026 7:55:00 PM

An LC Permit is the primary requirement for any permit or review by the Cascade County Planning
Department. The LC review is the initial analysis to determine what if any additional permitting
is required. The application for reviewing exemptions under 76-3-201 and 76-3-207 is the LC
Permit.
It is the expectation that the Site Plan provides sufficient drawings, plans or maps to make an
informed decision. They should be submitted by the contractor or at least with the contractors’
plans. The county is not responsible for completing construction plans.
Page 100: Added

Harris, Michael

6/11/2026 9:48:00 AM

The process followed for sufficiency in the subdivision review process of 5 days for elemental and
15 days for sufficiency shall be followed under zoning permits.
Page 100: Deleted

Harris, Michael

6/11/2026 9:50:00 AM

Page 100: Added

Harris, Michael

4/9/2026 7:59:00 PM

Harris, Michael

4/9/2026 7:59:00 PM

and structure
Page 100: Added

The LC Permit is a review of zoning conformance for both the use and the
structure. An approved structure will still need a new LC Permit to conform with
zoning if the use changes.
An LC permit requires signature from the contractor who will be building the project as well as
the landowner. A violation of zoning during construction may be the liability of the contractor or
the landowner.
Page 100: Commented [MH64]

Harris, Michael

6/11/2026 10:11:00 AM

Being added to assist with the confusion between staff, landowners and contractors on the need and
purpose of an LC Permit.
Page 100: Deleted

Harris, Michael

4/14/2026 7:48:00 PM

Harris, Michael

4/14/2026 7:48:00 PM

Harris, Michael

4/14/2026 7:48:00 PM

SITE
1.1.1

Page 100: Added

CONSTRUCTION
1.1.1

Page 100: Added

S
1.1.1

Page 100: Added

Harris, Michael

4/14/2026 7:49:00 PM

Required construction plans include a site plan
Page 100: Deleted

Harris, Michael

4/14/2026 7:49:00 PM

Harris, Michael

4/14/2026 7:50:00 PM

A Site Plan
Page 101: Deleted

Deviation from an approved Site Plan without an amendment approval, pursuant to Section 9.2.6
from the Zoning Administrator shall be a zoning violation and subject to Section 13 of these
regulations.
Page 101: Commented [MH65]

Harris, Michael

6/11/2026 10:13:00 AM

It has been suggested that 200 square feet is too small. We need to determine if this needs to be
changed or not.
Page 101: Added

Harris, Michael

4/14/2026 7:55:00 PM

Construction not completed according to the permit within one year
Page 101: Added

Harris, Michael

4/14/2026 7:55:00 PM

considered an abandoned structure and is a zoning violation.
Page 101: Deleted

Harris, Michael

4/14/2026 7:51:00 PM

Page 101: Added

Harris, Michael

4/14/2026 7:51:00 PM

Page 101: Deleted

Harris, Michael

4/14/2026 7:54:00 PM

Site preparation, as defined in these regulations shall not count as “construction”
for the purposes of this Section. Construction consists of acts of constructing
which would lead to a Zoning Violation if they were conducted without a valid
permit. Such acts include, but are not limited, to framing structures or buildings,
laying a foundation, or erecting scaffolding.
Page 101: Deleted

Harris, Michael

4/14/2026 7:57:00 PM

9.2.5 EXTENSION
The Zoning Administrator may grant a one-time only twelve (12) month extension
for a legally issued Location/Conformance Permit. The extension shall be
requested prior to the established expiration on the issued permit and shall not
extend beyond twelve (12) months from the expiration date of the originally
issued permit.
Page 101: Commented [MH66]

Harris, Michael

6/11/2026 10:22:00 AM

Application process, approvals, and expirations need to be organized together.
One issue that is a risk we need to address is the meaning of “initiating” the use. This also needs to be
consistent across all permits.
Permitting hierarchy chart: will be developed and included to make it simple for all users.

Page 101: Deleted

Harris, Michael

4/14/2026 7:58:00 PM

Harris, Michael

4/14/2026 7:58:00 PM

Harris, Michael

6/11/2026 10:25:00 AM

may require
Page 101: Added

are consideres
Page 101: Commented [MH67]

This needs to be updated with hierarchy of permits between LC for a project, SUP for a project and
Subdivision Lots.
Page 101: Added

Harris, Michael

6/9/2026 11:22:00 AM

Harris, Michael

6/11/2026 10:27:00 AM

AND WAIVERS
9.4

Page 101: Commented [MH68]

The existing use of Administrative Waivers is confusing in the regulation. The update will move all the
exemptions into one section and define how they apply to the entire regulation.
Page 102: Added

Harris, Michael

4/14/2026 8:00:00 PM

An administrative waiver may be conditioned as part of the Location Conformance Permit in
order to mitigate any specific impacts or clarify requirements.
Page 102: Commented [MH69]

Harris, Michael

6/11/2026 10:29:00 AM

To the extent possible the same criteria should be used to meet the criteria for an Administrative Waiver,
Minor Variance or Variance.
This is especially important for the notice requirements. Why do we have different notice requirements for
an Admin Waiver vs a Minor Variance?
For either it should be the same. If neghibors sign off up front then no certified mail is required. If all
neghibors cannot or will not sign the petetion then all the notices to be mailed out.
Page 102: Added

Harris, Michael

4/9/2026 7:22:00 PM

Harris, Michael

4/14/2026 7:35:00 PM

Harris, Michael

4/14/2026 7:35:00 PM

1.1
Page 102: Deleted

Yard
Page 102: Added

Setback

Page 102: Deleted

Harris, Michael

4/14/2026 7:35:00 PM

Harris, Michael

4/14/2026 7:35:00 PM

Harris, Michael

4/14/2026 9:10:00 PM

yard
Page 102: Added

setback
Page 103: Added

(4) Cross lot line construction on lots existing prior to the enactment of zoning are considered a
variance. They are permitted under the Administrative Waiver Process in these
regulations.
Notices for minor variance or administrative waivers are the same. If the applicant provides a
petition from the adjoining landowners agreeing with the waiver or variance then
no certified notification is required. If the applicant does not provide a petition
signed by adjoining landowners or is unable to obtain a signature from all
adjoining landowners then notice is achieved by sending a certified letter to the
adjoining landowner notifying them of the requested variance or waiver and the
the process for appealing a decision of the Zoning Administrator.
Page 103: Formatted

Harris, Michael

6/9/2026 11:23:00 AM

Harris, Michael

6/9/2026 11:23:00 AM

Highlight
Page 103: Deleted

Said "minor variance" shall be granted if all adjacent property owners of the tract consent to said
"minor variance." The party petitioning to the “minor variance” shall obtain written consent from
the adjacent property owners to the “minor variance.” The denial by the Zoning Administrator of
an application involving a minor deviation shall not prohibit or affect the right of the Applicant to
file an application for a variance.
Page 103: Formatted

Harris, Michael

6/9/2026 11:24:00 AM

Harris, Michael

6/11/2026 10:34:00 AM

Highlight
Page 103: Commented [MH70]

This has been an issue we deal with a lot. A septic permit and drainfield can be constructed on multiple
lots but the process that had been used before I arrived was the lots be aggregated when build across lot
lines.
This adds a significant expense with no justification. The Admin Waiver and Minor Variance were not
clear as to how and when this was allowed as an exemption on existing small lots where it takes three
small lots to build one modern house.
Page 104: Commented [MH71]

Harris, Michael

6/9/2026 11:33:00 AM

This is changed to no variances because we decoupled flood regulations from zoning. Anything needing
a variance from the floodplain regulations would have to follow that process defined in that regulation.
Page 104: Deleted

Harris, Michael

6/9/2026 11:27:00 AM

DNRC notification of application. If the variance is related to the floodplain

regulations, the floodplain administrator shall send a copy of the application to
the Montana Department of Natural Resources and Conservation, Floodplain
Management Section.
Page 104: Commented [MH72]

Harris, Michael

6/11/2026 10:36:00 AM

Should be consistent criteria for all exemptions or variances.
Page 104: Deleted

Harris, Michael

4/14/2026 9:18:00 PM

9.5.3 ADDITIONAL FINDINGS NECESSARY FOR A FLOODPLAIN VARIANCE
In addition to the general findings required above, the following findings shall
apply to variances from floodplain requirements:
The proposed use will be flood-proofed.
A reasonable alternate location outside the floodplain is not available.
The granting of the variance will not cause increased flood hazards,
present additional threats to public safety, create an extraordinary public
expense, create a nuisance, or otherwise conflict with federal, State, or
other local laws.
Page 104: Commented [MH73]

Harris, Michael

6/9/2026 11:35:00 AM

This was removed. We had no specific list of items that could not appl for a variance.
Page 104: Deleted

Harris, Michael

4/14/2026 9:18:00 PM

Expansion of a nonconforming use;
Modification to lot or other requirements so as to increase the permitted
density or intensity of use;
Any project within a floodway that increases flood velocities or elevations;
and
Allow an amortized sign to continue.
Page 104: Commented [MH74]

Harris, Michael

6/9/2026 11:40:00 AM

I added to this section to clarify imposition of conditions associated with permitting for the entire CCZR.
Page 105: Deleted

Harris, Michael

4/14/2026 9:20:00 PM

9.5.8 NOTIFICATIONS REGARDING SPECIFIED VARIANCES
If a variance is granted to allow construction of a structure below the 100-year
floodplain elevation, the Floodplain Administrator shall notify the Applicant that
flood insurance premium rates may be higher than normal and such construction
increases risks to life and property.
Page 106: Deleted

Harris, Michael

4/14/2026 7:35:00 PM

Harris, Michael

4/14/2026 7:35:00 PM

yard
a.

Page 106: Added

setback
a.

Page 106: Deleted

Harris, Michael

4/16/2026 1:04:00 PM

Harris, Michael

4/16/2026 1:04:00 PM

Harris, Michael

4/14/2026 9:55:00 PM

Harris, Michael

4/14/2026 9:55:00 PM

Harris, Michael

4/14/2026 9:27:00 PM

Harris, Michael

4/14/2026 9:30:00 PM

open space
a.

Page 106: Added

yard
a.

Page 107: Deleted

adjacent
Page 107: Added

adjoining
Page 107: Deleted

certified
Page 107: Deleted

After the public hearing is closed, the ZBOA may approve, deny, approve with conditions, or table
for further consideration until the next ZBOA meeting, the special use permit.
Page 107: Commented [MH75]

Harris, Michael

6/11/2026 10:41:00 AM

Public Notice requirements for the entire regulation should be the same and defined under the
Administrative portion rather than scattered.
Deleting the ZBOA approval language is not intended to not include it in the regulation. Decision
procedures for all levels of administration should be grouped together and consistent.
Page 107: Added

Harris, Michael

6/9/2026 11:43:00 AM

A Special Use Permit is an authorized zoning use that is not a permitted principal use. To mitigate
any impacts associated with the proposed special use the ZBOA places conditions or limitations
on the specific use. Once special use is permitted for that location the use can continue provided
it continues to abide by the conditions or limitations under the special use permit.
Attempting to administer expiring Special Use Permits once issued or when a use ceases for six
months is unrealistic and would require the county to spend additional resources on permitting,
inspections and implementing an occupancy permit program.
If an SUP is approved on multiple lots all defined lots under an SUP are covered by the permit. A
separate SUP is not needed each time development occurs on that specific lot. Only a Location
Conformance Permit is required.
For example: If an SUP is issued for townhomes on specific lots through the subdivision process
an individual SUP is not required each time a structure meeting the special use. The fee for the
SUP is still collected for each lot at the time the SUP for multiple lots are applied for.

Page 107: Formatted

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6/9/2026 11:43:00 AM

Harris, Michael

6/9/2026 11:42:00 AM

Highlight
Page 107: Deleted

The ZBOA approval of the Special Use Permit shall be valid for only one particular use and shall
expire one year after the date of the approval if construction or the use has not started. The
Zoning Administrator may grant a one-time only six (6) month extension on the ZBOA approval.
The Special Use Permit shall expire if the use ceases for six (6) months for any reason. Any further
extension requests must be granted by the ZBOA prior to the date of expiration.
Page 107: Commented [MH76]

Harris, Michael

6/11/2026 10:43:00 AM

Special Use Permits should not expire. A Special Use Permit or Conditions Use Permit is an approval to
use land under a specific use as long as certain conditions remain.
This approved use should continue on the property as long as the conditions of the permit are being
followed.
Page 107: Added

Harris, Michael

6/9/2026 11:44:00 AM

If an applicant has existing violations of state, federal or local regulations or unpaid taxes the
Zoning Administrator may withhold issuance of the SUP or cancel or suspend and existing SUP if
those violations are applicable to the conditions of or special use approved.
If ownership changes under an approved SUP a new Location Conformance Permit is required to
ensure the new owner is aware and in compliance with any conditions of an SUP.
Page 108: Deleted

Harris, Michael

6/9/2026 11:44:00 AM

No permit shall be issued for a special use where there is an existing violation of these regulations
or any other existing violations of Cascade County, State, or Federal Regulations or laws, or for
delinquent county taxes.
Page 108: Commented [MH77]

Harris, Michael

6/11/2026 10:47:00 AM

This section was unenforceable and places additional burden on the department.
It is not the purpose of zoning or the responsibility of the Planning Department to be the catch all
enforcement and administrator of other agencies permitting.
If there is an established process, joint application and other procedures to coordinate this could be
feasible.
To withhold the issuance of a permit over nonpayment of taxes would require we define through enabling
legislative authority or county regulation and ordinance the specific nexus between nonpayment of taxes
and land use planning.
Page 108: Added

Harris, Michael

4/14/2026 9:36:00 PM

(1) The strict application of the regulation in question is unreasonable given the development
proposal or the measures proposed by the Applicant or that the property has
extraordinary or exceptional physical conditions that do not generally exist in nearby
properties in the same general area and such conditions will not allow a reasonable use
of the property in its current zone in absence of relief.

(2) The intent of the section and the specific regulation in question is preserved.
(3) The granting of the SUP will not result in an adverse impact upon surrounding properties.
(4)
All adjoining property owners of the SUP request property shall be notified via
mail.
Page 108: Formatted

Harris, Michael

4/14/2026 9:38:00 PM

Harris, Michael

4/14/2026 9:38:00 PM

Harris, Michael

4/14/2026 9:39:00 PM

Harris, Michael

4/14/2026 9:39:00 PM

Harris, Michael

4/14/2026 9:40:00 PM

Harris, Michael

4/14/2026 9:40:00 PM

Harris, Michael

4/14/2026 9:42:00 PM

Font: 12 pt
Page 108: Formatted

Plain Text
Page 108: Deleted

development
(1)
Page 108: Added

use
(1)
Page 108: Deleted

will not materially endanger
(1)
Page 108: Added

impact on
(1)
Page 108: Deleted

The proposed development will not substantially injure the value of adjoining
property or is a public necessity. Considerations are the following:
Page 108: Deleted

Harris, Michael

4/14/2026 9:33:00 PM

Whether the proposed development is so necessary to the public health,
safety, and general welfare of the community or County as a whole as to
justify it regardless of its impact on the value of adjoining property.
Page 108: Deleted

Harris, Michael

4/14/2026 9:46:00 PM

The proposed development will be consistent with the Cascade County Growth
Policy. Considerations are the following:
Consistency with the Growth Policy objectives for the various planning
areas, its definitions of the various land use classifications and activity
centers, and its locational standards.
Consistency with the municipal and joint land use plans incorporated by
the Growth Policy.
Page 109: Added

Harris, Michael

6/9/2026 11:36:00 PM

AND UNCLASSIFIED
1

Page 109: Added

Harris, Michael

4/9/2026 8:52:00 PM

76-2-208. Continuation of nonconforming uses. (1) The zoning regulations must allow for the
nonconforming use of land or buildings legal at the time or prior to the time that a zoning
regulation or amendment to the regulation was adopted, but the board of county commissioners
may provide grounds for discontinuing nonconforming uses based on changes to or
abandonment of the use of the land or buildings after the adoption of a zoning regulation or
amendment.
(2) Any ambiguity or uncertainty in the zoning regulations as to whether a nonconforming
use is allowed or whether the use was allowed when it was commenced must be
interpreted in favor of the nonconforming use.

0.0 AGRICULTURE ACTIVITIES
Agricultural activities —agricultural lands and the ability and right of farmers and ranchers to
produce a safe, abundant, and secure food and fiber supply have been the basis of economic
growth and development of all sectors of Montana's economy. To sustain Cascade County’s
valuable farm economy and land bases associated with it, farmers and ranchers must be
encouraged and have the right to stay in farming.
The Montana legislature had protected agricultural activities from governmental zoning and
nuisance ordinances.
Agriculture activities, agriculture zoning and agriculture use are not the same. The existence of
an agriculture activity does not preclude the permitting of agricultural facilities or agriculture
structures.
Page 110: Formatted

Harris, Michael

4/9/2026 8:52:00 PM

Numbered + Level: 1 + Numbering Style: 1, 2, 3, … + Start at: 1 + Alignment: Left +
Aligned at: 0.25" + Indent at: 0.5"
Page 110: Formatted

Harris, Michael

4/9/2026 8:52:00 PM

Harris, Michael

4/29/2026 4:11:00 PM

Harris, Michael

4/29/2026 4:12:00 PM

Harris, Michael

4/29/2026 4:11:00 PM

Sec Heading 2
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Font color: Green
Page 110: Added

use vs construction
1.1
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Font color: Green
Page 111: Added

Harris, Michael

6/9/2026 11:46:00 AM

Any ambiguity or uncertainty in the zoning regulations as to whether a nonconforming use is
allowed or whether the use was allowed when it was commenced must be interpreted in favor
of the nonconforming use. Any use that would create a nonconforming use by a zone map
amendment shall be considered a permitted use.
Upon discovery of a nonconforming use the Zoning Administrator shall issue an LC permit for the
use free of charge to document the use. Doing so provides predictability for the landowner and
the county and eliminates the need to attempt to enforce nonconforming uses.
Page 111: Commented [MH78]

Harris, Michael

6/9/2026 4:54:00 AM

Recommend removing this as it only creates confusion. Removing the displacement section in 11.5 is
also recommended as it is confusing and difficult to administer.
Page 111: Commented [MH79]

Harris, Michael

6/9/2026 4:46:00 AM

This is added because the legislature changed the nonconforming use to the burden being on the county
not the landowner to prove the use.
When a nonconforming use is discovered we should issue an location conformance permit. If it is a
nonconforming use because it predates zoning then it does conform with the zoning regulations. By doing
this we have established what the specific use is to prevent creep of the nonconforming use in the future.
Page 111: Deleted

Harris, Michael

6/9/2026 11:46:00 AM

Whenever a non-conforming use shall be discontinued for a period of one (1) year, such use shall
not thereafter be re-established, and any future use shall be in conformity with the provisions of
these regulations. The Zoning Administrator shall determine to the best of their ability the date
of a discontinuance of a non-conforming use based on substantiating evidence from the
Applicant and any other historical records or documents.

11.4

CHANGES

Once changed to a conforming use, no building or land use shall be permitted to revert to a nonconforming use. A non-conforming use may be changed to another use in the same or higher
zoning classification and once changed to a higher classification such use thereafter shall not
revert to a lower classification.

11.5

DISPLACEMENT

No non-conforming use shall be extended to displace a conforming use.
Page 111: Commented [MH80]

Harris, Michael

6/9/2026 11:51:00 AM

Harris, Michael

6/9/2026 11:50:00 AM

Harris, Michael

6/9/2026 11:50:00 AM

Harris, Michael

4/9/2026 8:57:00 PM

REWORDED FOR CLARITY
Page 111: Deleted

boundaries of a zone shall be
Page 111: Added

zoning is
Page 111: Added

Any use that would create a nonconforming use by a zone map amendment shall be considered
a permitted use upon the landowner submitting a Location Conformance permit to document
the use.
Page 111: Added

Harris, Michael

6/9/2026 11:49:00 AM

76-2-209. Effect on natural resources.
(1) Except as provided in 82-4-431, 82-4-432, and subsection (2) of this section, a resolution or
rule adopted pursuant to the provisions of this part, except 76-2-206, may not prevent the
complete use, development, or recovery of any mineral, forest, or agricultural resources by the
owner of any mineral, forest, or agricultural resource.
(2) The complete use, development, or recovery of a mineral by an operation that mines
sand and gravel or an operation that mixes concrete or batches asphalt may be reasonably
conditioned or prohibited on a site that is located within a geographic area zoned as residential,
as defined by the board of county commissioners and in effect prior to the filing of a permit
application or at the time a written request is received for a preapplication meeting pursuant to
82-4-432.
(3) Zoning regulations adopted under this chapter and in effect prior to the filing of a
permit application or at the time a written request is received for a preapplication meeting
pursuant to 82-4-432 may reasonably condition, but not prohibit, the complete use,
development, or recovery of a mineral by an operation that mines sand and gravel and may
condition an operation that mixes concrete or batches asphalt in all zones other than residential.
Page 112: Formatted

Harris, Michael

6/9/2026 11:37:00 PM

Harris, Michael

4/22/2026 1:36:00 PM

Harris, Michael

6/9/2026 11:52:00 AM

Sec Heading 2
Page 115: Deleted

harmony

Page 120: Deleted

Each day of violation may be considered a separate offense.
Page 120: Commented [MH81]

Harris, Michael

6/9/2026 11:53:00 AM

THE STATUTE DOES NOT RECOGNIZE THE EACH DAY A NEW OFFENSE. TO ESTABLISH THAT
THERE WOULD HAVE TO BE A COMMON SCHEME. THIS WAS SUPPOSED TO BE SUBMITTED TO
THE AG FOR AN OPINION AFTER THE LAST AMENDEMENTS WERE PASSED.
Page 120: Formatted

Harris, Michael

3/24/2026 8:09:00 AM

Harris, Michael

4/14/2026 1:23:00 PM

Harris, Michael

6/9/2026 11:55:00 AM

Font color: Black
Page 121: Deleted

zone
(1)
Page 122: Added

14.4 In considering zoning amendments the zoning use should be cautious to ensure

1. The requested use is significantly different from the prevailing use in the area;
2. The area in which the requested use is to apply is small, although not solely in physical size,
including how many separate landowners will benefit from the zone classifications; and
3. The requested change is more in the nature of special legislation designed to benefit one or a
few landowners at the expense of the surrounding landowners or the general public.
Page 122: Commented [MH82]

Harris, Michael

6/9/2026 11:56:00 AM

Added specifically to call out the spot zoning test.
Page 122: Deleted

Harris, Michael

6/9/2026 10:30:00 AM

14.4 PROCESS FOR ADOPTING A NEW ZONING DISTRICT.
The board of county commissioners shall observe the
procedures described in § 76-2-205, MCA, for adopting or
creating a new zoning district that was not previously in
existence.
Page 122: Commented [MH83]

Harris, Michael

6/9/2026 10:32:00 AM

RECOMMEND REMOVING THIS SINCE WE HAVE CREATED ONE SINGLE DISTRICT NEW
DISTRICTS CANNOT BE CREATED. KEEPING IT IN DOES ADD POTENTIAL FOR CONFUSION
ABOUT AN AMENDMENT TO THE ZONING REGULATION THAT CHANGES ZONING IS CREATING A
NEW DISTRICT. SEE CITY OF WHITEFISH FLOATING ZONING.
Page 122: Added

Harris, Michael

6/9/2026 11:31:00 PM

III. OVERLAY ZONES
Page 122: Formatted

Harris, Michael

6/9/2026 11:30:00 PM

Harris, Michael

5/4/2026 1:31:00 PM

Title CCZR
Page 122: Commented [MH84]

The maps that were created for the original regulation are not sufficient to determine when a parcel or
proposed structure is within the noise zone 1, 2 or 3. The only way to do this would be to add this
classification to specific parcels in the parcel map inventory. Problem is the overlays are based on
distance and do not follow parcel boundaries. Zoning boundaries cannot split a parcel.
Page 122: Commented [MH84R2]

Harris, Michael

5/4/2026 2:07:00 PM

Very little of the noise area are county jurisdiction and the maps are impossible to determine what parcels
fall within this restriction.
Page 124: Deleted

Harris, Michael

4/14/2026 9:55:00 PM

Harris, Michael

4/14/2026 9:55:00 PM

Harris, Michael

5/4/2026 1:19:00 PM

adjacent
Page 124: Added

adjoining
Page 127: Commented [MH85]

Do we need to clarify the meaning of “in height”? Is that height from the ground elevation of the site or
height from the 3526 elevation of malmstrom?

Page 128: Deleted

Harris, Michael

4/9/2026 8:16:00 PM

No structures shall be allowed within the 1,200-foot buffer around each MAF and LF.
Page 128: Commented [MH86]

Harris, Michael

5/4/2026 1:17:00 PM

We do not have a map of the MAF or LF to even know if the requested LC permit would be withing 1200
or 2400 feet.
Page 128: Commented [MH87]

Harris, Michael

5/4/2026 1:24:00 PM

A grain bin or other agriculture structures could be greater than 50 feet. These structures would be
agricultural activities and exempt from zoning.
Page 128: Added

Harris, Michael

4/9/2026 8:16:00 PM

16.4 NATIONAL SECURITY EXEMPTION: The long term upgrade and replacement of
the MAF will require MAFB to acquire temporary staging areas, construction setbacks, utility
cooridors, and support structures.
Facilities for the MAF upgrade are exempt from zoning review for both MAFB and landowners
licensing their property to MAFB for the construction project.
Because the facilities are of sensitive nature the expectation that site plans and location
conformance permits be submitted is not realistic and governments are exempt from zoning.

0.0
The public hearings and resolution adopting this regulation meet the requirements of 76-2-402
MCA.
Page 129: Deleted

Harris, Michael

6/9/2026 12:37:00 PM

HEIGHT MILITARY OVERLAY ZONE MAP

PROPOSED HEIGHT MODS FIGURE

Page 129: Commented [MH88]

Harris, Michael

5/8/2026 7:38:00 AM

Harris, Michael

4/9/2026 8:35:00 PM

Move all maps to back of document
Page 129: Deleted

Residential Uses: two (2) acre minimum lot size.
Page 130: Deleted

Harris, Michael

4/14/2026 7:35:00 PM

Harris, Michael

4/14/2026 7:35:00 PM

Harris, Michael

6/9/2026 11:32:00 PM

Harris, Michael

6/9/2026 12:35:00 PM

Yard
(1)

Page 130: Added

Setback
(1)

Page 130: Formatted

Sec Header 1
Page 130: Added

1.1 18.11 AGRICULTURE INDUSTRIAL OVERLAY ZONE
This Overlay Zone includes industrial, or research uses subordinate to, and in support
of, agriculture. These uses may include product processing plants that provide regional
serving opportunities, and agriculturally based laboratories or facilities for the production
or research of food, fiber, animal husbandry or medicine, and may include
administrative office space in support of the operation. Many of these Use Types are
most appropriately located on lands zoned I-1.
Uses related to the agricultural industry may require more intensive methods such as
warehousing, transportation facilities, crop dusting, agricultural chemical and equipment
sales, and other agricultural related industries, which generate more traffic, noise, and
odor than typical agricultural practices. These uses may be located on lands not
suitable for intensive agriculture due to soil quality, topography, or water availability.
This Use Type also includes mineral extraction, wind and solar power, gas and oil wells,
electrical utilities and yards, and wireless communication towers.

0.0 18.12

AG INDUSTRIAL OVERLAY BOUNDARIES

An Ag Industrial Overlay is centered on a specific center line of a road or major
infrastructure improvement.
The criteria for the A-I overlay is an area where infrastructure improvements, historical
uses, transportation, utilities, and natural resources exist in areas zoned Agriculture.
Within the overlay zone commercial and industrial uses are acceptable with a UUP or
SUP.
To establish an Ag Industrial Overlay Zone follows the same procedure for establishing
a planned unit development.

0.0 18.13 HIGHWOOD OVERLAY
Highwood Ag Industrial Overlay: this regulation establishes the first of the Agriculture Industrial
Overlay Zones. The overlay zone is one mile from the center line of Highwood Road, East of
Highway 57 to Salem Road and North five miles on Salem Road extending east and west one mile
from the center line of Salem Road.
Page 133: Added

Harris, Michael

6/9/2026 12:37:00 PM

1.1 HEIGHT MILITARY OVERLAY ZONE MAP

0.0 PROPOSED HEIGHT MODS FIGURE

Page 133: Commented [MH89]

Harris, Michael

5/8/2026 7:38:00 AM

Harris, Michael

6/9/2026 1:24:00 PM

Harris, Michael

6/9/2026 12:38:00 PM

Move all maps to back of document
Page 135: Formatted

French (France)
Page 135: Added

1.1
Page 135: Formatted

Harris, Michael

6/9/2026 12:38:00 PM

Harris, Michael

4/21/2026 8:14:00 AM

List Paragraph, Left
Page 136: Formatted

French (France)
Header and footer changes
Text Box changes
Header and footer text box changes
Footnote changes
Endnote changes

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9

CASCADE COUNTY ZONING REGULATIONS
2026 EDITION
4/14/2026 edits
4/29/26
5/8/2026
5/13/2026
6/9/2026
6/11/26

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BLUE MEANS ZONING ADMIN.
RECOMMENDED CHANGES.

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14

Yellow are statutory requirements.

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NEEDS FOLLOW UP TECHNICAL
CORRECTION

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There is an exported pdf that list out all
tracked changes in the document with
notes and page references that
accompanys this draft.

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**NOTE: MONTANA CODE ANNOTATED HAS BEEN SHORTENED TO “MCA” THROUGHOUT THESE REGULATIONS.
ADMINISTRATIVE RULES OF MONTANA HAS BEEN SHORTENED TO “ARM” THROUGHOUT THESE REGULATIONS.
THE CODE OF FEDERAL REGULATION HAS BEEN SHORTENED TO “CFR” THROUGHOUT THESE REGULATIONS.

3

ADMINISTRATION

1

SECTION 1.

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AUTHORITY AND PURPOSE

1.1 Pursuant to 76-2-201 & 203 MCA These regulations and accompanying
maps are hereby known as and shall be cited and referred to as the
“Cascade County Zoning Regulations (CCZR)” These regulations shall
apply to the entirety of Cascade County, exclusive of the incorporated
towns and cities of Great Falls, Belt, Cascade, and Neihart, referred to as
the “Zoning Jurisdictional Area”.

Commented [MH1]: This is the second round of zoning
amendments. These amendments have been a frustrating
undertaking primarily due to the formatting of the document
and software issues.
It is recommended the document formatting be reorganized
into a modern usable regulation.

Commented [MH2]: Correct Citation

The CCZR applies to the regulation of the erection, construction, reconstruction,
alteration, repair, location or use of buildings or structures or the use of land.

12
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15

1.2 Purpose of Regulation Adoption

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Pursuant to the criteria established in 76-2-203 the CCZR are:
made in accordance with the Cascade County Growth Policy
designed to secure safety from fire and other dangers
promote public health, public safety, and general welfare
facilitate the adequate provision of transportation, water, sewerage, schools,
parks and other public requirements
These regulations are adopted in conformance and in harmony with the Cascade County Growth
Policy. The growth policy is a broad brushed look at growth in the county and provides no specific
measures of a standard expected for a regulatory decision.

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All decisions made under this regulation are made in accordance with the growth policy. The
Growth Policy is not regulatory under the Montana Code Annotated and cannot be used to deny
a zoning application; therefore applications are not expected to define how they meet the entire
growth policy from start to finish.

Commented [MH3]: Added to eliminate the lengthily
application responses for zoning permits attempting to explain
how it meets the growth policy.

30
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1.3 Interpretation, Conflict with Other Laws

Commented [MH4]: Changing the interpretation and conflict
with other laws to be the same as the subdivision regulations.

These regulations are adopted for the purpose of promoting public health, safety, and general
welfare for all of the jurisdictional area of Cascade County exclusive of incorporated cities and
towns.

•
•
•
•

Under the CCR the responsibility of interpretation on any question that arises concerning
any provision or the application of any provisions of these regulations, the Zoning
Administrator, in consultation with the County Attorney’s Office as deemed necessary,
shall be responsible for such interpretation and shall look to the overall intent of these

4

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5
6

regulations for guidance. The Planning Administrator shall provide such interpretation in
writing to the applicant upon request and keep a permanent record of said interpretations.

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In their interpretation and application, the provisions of these regulations shall be held to be
minimum criteria required pursuant to 76-2-203 MCA.

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1.4 Permissive Code and Interpretation

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1.5 EFFECTIVE DATE AND ARCHIVED ZONING CODE

The responsibility for interpretation shall not be construed as overriding the
responsibilities of any commission, board, or official named in other parts of these
regulations.

If a court of competent jurisdiction holds any word, phrase, clause, sentence, paragraph, section,
or other part of these regulations invalid, that judgment will only affect the part held invalid.
Under the CCZR “zoning” has two meanings when addressing permitting.
The use of zoning is different than physical improvements. For example, if a landowner of 20
acres zoned Mixed Use wants to put up a steel building for his construction yard, the building
would need to meet the physical zoning requirements for its construction, and the use would
need to be an approved use within the Mixed-Usee zoning.
The physical construction of the property can change just like the use can at any point in the
future. If the same landowner sells the property, the building will remain and be following
zoning. If the new owner decides to change from a construction yard and instead opens a
Bar/Restaurant/Casino, they would no longer be compliant with zoning and would need a new
Location Conformance Permit or possibly a special use permit.
In the CCZR there are construction design standards for the physical development of the property
and use classifications for the use. Changing use will often require changes to the physical
development of the property. In the scenario above the change in use from a construction yard
to a bar and casino would have significant changes in the need for utilities, infrastructure,
parking, fire and police protection, and increased traffic.

A. Any use not specifically defined as Primary or otherwise provided for in these Regulations
shall be considered Conditional, Special or Unclassified Uses.

Commented [MH5]: This was added to help explain to staff
and public the difference between the “use” of the land and
the “physical improvements” of the land.
Deleted: These Regulations are permissive.
Deleted: permitted
Deleted: shall not be allowed within the Zoning Jurisdictional
Area. Unless preempted by the MCA.

B. When it is unclear if the use fits under an existing definition the Zoning Administrator shall
make a determination as to the specific use and what land use it fits under. All determinations
shall be documented and retained in an appendix. The Zoning Administrator shall notify the
BOCC, ZBOA and Planning Board of the determination of the specific use.

This Zoning Code shall become effective on __________________. Amendments after
5

Commented [MH6]: This round of amendments eliminates
repetitive definitions by combing them under more general
categories. I added an actual process for interpreting when a
definition is in question as to the use meaning.

1
2
3
4
5
6

_________________, shall be noted within the Sections by the date of such amendments. The
zoning code that was effective immediately prior to this Zoning Code shall be retained and
referred to as the Archived Zoning Code. One copy of the Archived Zoning Code shall remain of
record in the Planning and Community Services Office and one copy shall be stored in the County
Clerk and Recorder’s office, either in hard copy or electronically. An unofficial public copy may
also be maintained on the County’s website.

Commented [MH7]: ADDING THIS IN BECAUSE BEFORE
THIS IS FINALIZED I WANT TO CONSIDER
REORGANIZING AND GROUPING THE REGULATION
TOGETHER FOR EASIER USE.
Going forward each update will have an index of what
changed from previous versions.

6

1

2 SECTION 2. DEFINITIONS

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2.1 2.1 GENERAL REMARKS ON DEFINITIONS

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2.2 2.2 DEFINITIONS

For the purpose of these regulations, certain terms or words herein shall be interpreted or
defined as follows. Unless specifically defined in this section, words or phrases used in this
regulation shall be interpreted to give them the meaning they have in common usage and to give
this regulation its most reasonable application. Words used in the present tense include the
future and the plural includes the singular. Where terms are specifically defined and called out in
these Regulations and also interpreted as a component of another general term, the specific shall
take precedence over the general. The word lot includes the words plat, tract, or parcel. The
word building includes the word structure. The words shall and must are intended to be
mandatory. Occupied or used shall be considered as though followed by the words "intended,"
"arranged," or "designed to be used or occupied."

Commented [MH8]: REMOVING ROUGHLY 90
DEFINITIONS THAT ARE REPETITIVE, CONFLICTING
WITH OTHER REGULATIONS, CONFLICTING WITH STATE
LAW OR NEVER USED.

A

14
15

ACCESSORY BUILDING/STRUCTURE

16
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18

A building or structure that is clearly incidental and subordinate to and customarily found with a
principal use (includes accessory dwelling units in residential zones), including but not limited to
barn, shop, shed, garage, etc.

19

ACCESSORY DWELLING UNIT By MCA.

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A separate, complete housekeeping unit with a separate entrance, kitchen, sleeping area, and
full bathroom facilities, which is an attached or detached extension to an existing single-family
structure or accessory structure.

7

Deleted: ABANDONED BUILDING ¶
Any vacant building which is frequented by persons who are not
lawful occupants of such structure; or any vacant building which
by reason of lack of maintenance or by reason of the boarding up
of its doors and windows, or other reasons, has a substantial
adverse effect on the value of property in the immediate
neighborhood.¶
ABANDONED ITEM¶
Any item which has ceased to be used for its designed and
intended purpose. The factors used in determining whether or not
an item has been abandoned, include but are not limited to the
following: (a) present operability and functional utility of the item;
(b) the date of last effective use of the item; (c) the condition of
disrepair or damage; (d) the last time an effort was made to repair
or rehabilitate the item; (e) the status of registration or licensing
of the item; (f) the age and degree of obsolescence; (g) the cost of
rehabilitation or repair of the item when compared to its market
value; or (h) the nature of the area and location of the item.¶

1

ACCESSORY USE

2
3
4
5

A use that is incidental and subordinate to the principal use or building and located on the same
lot with such principal use or building (includes accessory dwelling units).
Commented [MH9]: Use the same definitions of how the
Growth Policy is used as guidance but not regulatory in sub
regs and zoning regs.

ACCORDANCE WITH THE GROWTH POLICY:

6
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8

Formatted: Font: Bold

ADJACENT
ADJOIN

Deleted: ADMINISTRATIVE GOVERNMENT CENTER¶
A place and/or building, or portion thereof, that is used or is
intended as a governmental office or administrative facility; the
term includes post offices, courthouses, correctional facilities and
the like.

9
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ADMINISTRATIVE SERVICES

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A place and/or building, or portion thereof, that is used or is intended for providing
administrative functions where customers are infrequent. The term includes data processing
centers, customer service centers via telecommunications, architectural firms, engineering firms
and the like.

15

ADMINISTRATIVE WAIVER

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An Administrative Waiver is provided to add flexibility in the application of the Cascade County
Zoning Regulations, in the sections where it is specifically allowed, when a standard is
inapplicable or inappropriate to a specific use or design proposal.

19

ADULT-ORIENTED BUSINESS

20

See Sexually-Oriented Business.

21

AGRICULTURAL ACTIVITIES

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Agriculture activities are defined by 76-2-902. "Agricultural activity" means a condition or activity
that provides an annual gross income of not less than $1,500 or that occurs on land classified as
agricultural or forest land for taxation purposes. The condition or activity must occur in
connection with the commercial production of farm products.

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AGRICULTURAL BUILDING

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Structures intended primarily or exclusively for support of an agricultural function, and
exemplified by, but not restricted to, barns, silos, water towers, windmills, greenhouses.

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AGRICULTURAL COMMODITY STORAGE FACILITY

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A place and/or building, or portion thereof, that is used or is intended to store bulk food stuffs
prior to shipment and/or processing; the term includes grain elevators and such facilities.

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AGRICULTURAL SALES

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A place and/or building, or portion thereof, that is used or is intended to be used for retail sale
of a product(s) unique to and directly related to farm and ranch operations; the term includes
feed/seed sales, irrigation equipment sales, farm machinery sales and repair, and the like; the
8

Deleted: AGRICULTURAL COMMODITY¶
Any commodity produced from an agricultural use. This includes,
but is not limited to, livestock, raw milk, grains, soybeans, hay,
corn, timber, honey, fish, fruits, vegetables, crickets, or oil seeds.¶

1

term does not include wholesale sale.

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AGRICULTURAL USE

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The use of land for crop production, animal production, aquaculture, apiculture, or forestry.

9

1

AIRPORT

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3

An area or building, or portion thereof, that is used, intended, or designed for the landing and
takeoff of aircraft, including all necessary facilities for the housing and maintenance of the same.

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AIRPORT, PRIVATE

5
6

An airport that is used by the owner and other persons authorized by the owner and not open
for general public use.

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AIRPORT, PUBLIC

8

An airport that is open for general public use.

9

AIRPORT ELEVATION

10

The established elevation of the highest point on the usable landing area.

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AIRPORT HAZARD

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Any structure, tree or use of land which obstructs the airspace required for, or is otherwise
hazardous to, the flight of aircraft in landing or taking off at the airport.

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AIRPORT INFLUENCE AREA

15

All land in the proximity of an airport, the use of which may be affected by the airport's existence.

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AIRPORT REFERENCE POINT

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The point established as the approximate geographic center of the airport landing area and so
designated.

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ALCOHOL DISTILLERY

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A place and/or building, or portion thereof, that is used or intended for the production,
packaging, retail sale and/or wholesale, and distribution of beverage grade alcohol from the
distillation of fermented grains, fruits, or vegetables, honey and the like, and where preparation
and sale of food and other beverages for consumption on the premises, if any, is clearly
secondary and subordinate to the sale of on premises produced beverage grade alcohol.

25

ALTERATION

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As applied to a building or structure: (a) a change or rearrangement of the structural parts in the
existing facilities; (b) an enlargement or addition on a building or structure; or (c) moving a
building or structure from one (1) location or position to another.

29

ALTERATION, STRUCTURAL

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Any change of supporting members of a building such as bearing walls, columns, beams, or
girders.

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ANIMAL SHELTER

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A place and/or building, or portion thereof, that is used or is intended to temporarily house stray
pets.

35

ANIMAL THERAPEUTIC FACILITY
10

Deleted: ALLEY¶
A narrow service way, not less than sixteen (16) feet wide, which
provides a secondary public means of access to abutting
properties.¶
Deleted: ANIMAL DEALER¶
Any person who, in commerce or for compensation or profit,
delivers for transportation, or transports, buys, sells or negotiates
the purchase of any animal (alive or dead, including unborn
animals, organs, limbs, blood, serum or other parts) for research,
breeding, teaching, testing, experimentation, or exhibition or as a
pet.¶
ANIMAL FEEDING OPERATION (AFO)¶
A lot or building where the following conditions are met: (a) small
or large livestock animals (other than aquatic animals) have been,
are, or will be stabled or confined and fed or maintained for a
total of 30 days or more in any twelve (12) month period; (b)
crops, vegetation, forage growth, or post-harvest residues are not
sustained in the normal growing season over any portion of the
lot or building.¶
ANIMAL PRODUCTION¶
To raise animals as a process of producing a commodity or
multiple commodities. This includes livestock ranching/farming on
open range pasture, equine production, apiculture, aquaculture,
entoculture.¶

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Therapy that involves individuals interacting with animals, most frequently horses using
specially-trained therapists that work with the individual and the animal. Such therapy may
be beneficial to people with a variety of special needs, including children with autism.
Examples are therapeutic horseback riding or hippotherapy.

5

ANTENNA

6
7
8
9
10
11

Any system or specific device which is used to capture an incoming and/or to transmit an
outgoing radio frequency signal. A device that can be used to receive and transmit
electromagnetic waves. The term includes directional antennas and omni-directional antennas.
The term does not include: (a) mobile services providing public information of coverage of news
events of a temporary nature or (b) handheld devices such as cell phones, business-band mobile
radios, walkie-talkies, cordless telephones, garage door openers and similar devices.

12

APPEAL

13
14
15
16

A request to the Zoning Board of Adjustment (ZBOA) to rescind or modify a decision or
determination made by the Zoning Administrator. An appeal may also consist of a petition filed
with a court of record to hear a determination of the ZBOA or the Board of County
Commissioners.

17

ARTISAN SHOP

18
19
20
21

Place and/or building, or portion thereof, that is used or is intended for creating works of art
and/or production of handmade craft items on a small-scale; examples of such items include
but are not limited to paintings, sculptures, taxidermy, pottery, jewelry, hand blown glass,
wooden items, candles, soaps, and lotions.

22

B

23

BASEMENT

24
25
26
27

A story partly underground but having at least one-half (1/2) of its height above the average level
of the adjoining ground. A basement shall be counted as a story for the purposes of height
measurement if the vertical distance between the ceiling and the average level of the adjoining
ground is more than five (5) feet or if it is used for business or dwelling purposes. Also see Cellar.

28

BED AND BREAKFAST

29
30
31

A private, owner- or manager-occupied residence that is used as a private residence but in which:
(a) breakfast is served and is included in the charge for a guest room; and (b) the number of daily
guests served does not exceed 18. See MCA § 50-51-102.

32

BERM

33
34

An earthen mound designed to provide visual interest, screen undesirable views and/or decrease
noise levels.

35

BUFFER SETBACK

36
37

A combination of physical space and vertical elements, such as plants, berms, fences, or walls,
the purpose of which is to separate and screen uses from one another.
11

Deleted: APIARY¶
A place where bee colonies are kept.¶
APICULTURE¶
To raise bees through the maintenance of one (1) or more apiaries
as a process of producing a commodity or multiple commodities.¶

Deleted: AQUACULTURE¶
To farm raise or produce aquatic animals or plants, in controlled
or selected aquatic environments, as a process of producing a
commodity or multiple commodities.¶

Deleted: AUCTION SALES¶
A place and/or building, or portion thereof, that is used or is
intended to be used for auctioning goods to the general
public; the term does not include estate sales and the like.
Vehicle auctions are considered as vehicle sales and rentals.¶

Deleted: BREEZEWAY¶
A roofed passageway open on at least two sides, connecting the
main structure on a site with another main structure or accessory
use on the same site.¶
Deleted: YARD

1

BUILDING

2
3

A roof supported by walls or columns for the enclosure of persons, animals, or property of any
kind or nature.

4

BUILDING AREA

5
6

A total area taken on a horizontal plane at the main grade level of the principal building and all
accessory buildings, exclusive of covered porch, terraces, and steps.

7

BUILDING, DETACHED

8

A building surrounded by yard, as required herein.

9

BUILDING, HEIGHT

10
11
12

The vertical distance measured from the average elevation of the front lot line at finished grade
to the highest point of the roof for flat roofs, to the deck line for mansard roofs, and to the main
heights between eaves and the ridge for gable, hip or gambrel roofs.

13

BUILDING, MAIN

14

A building in which is conducted the principal use of the lot on which it is situated.

15

BUS TRANSIT TERMINAL

16
17
18

A place and/or building, or portion thereof, that is used or is intended for loading and unloading
of bus passengers along with facilities for ticket sales and food service areas primarily intended
for bus passengers.

19

BUTCHER SHOP

20
21
22

A retail establishment where livestock is slaughtered, butchered, prepared, and packaged for sale
or temporarily stored on-site. The scale of operation for a retail butcher shop shall not require
stockyards or on-site stabling of animals to be slaughtered (see Slaughterhouse).

23

C

Deleted: CALIPER¶
A standard for trunk measurement of nursery stock that is
measured from a specified distance above the ground.¶

24

CAMPGROUND

25
26
27
28

A parcel of land used or intended to be used, let or rented for temporary occupancy by campers.
Even though the occupancy by campers shall be in trailers, tents, movable or temporary
buildings, rooms or sleeping quarters of any kinds, the same shall still be deemed to be a camping
ground.

29

CEASE AND DESIST NOTICE

30
31

A notice issued by the county, which requires that any activity found in violation of this regulation
must cease immediately.

32

CEMETERY

Deleted: CASINO¶
An establishment that offers, whether as an accessory use or
primary use, any form of legalized gambling authorized under
MCA Title 23, Chapter 5, Part 1, except for MCA § 23-5-160
regarding shaker dice or shake-a-day games, and Parts 3 through
6. This term does not include organizations and facilities
designated as exempt under state law. A Casino includes any and
all establishments that offer legalized gambling authorized under
MCA §23-5-101, et seq., and where any one (1) of the following
characteristics applies: (a) the establishment is referenced as a
“casino” or “gambling establishment” or makes any reference to
legalized gambling by signage, advertisement or by name; and/or
(b) five (5) or more gambling machines are on the premises;
and/or (c) a card table is on the premises. ¶

33
34
35

A place and/or building, or portion thereof, that is used or is intended for burial purposes;
accessory uses include columbarium, crematories, mausoleums, and mortuaries when operated
in conjunction with and within the boundaries of such area.

Deleted: CELLAR¶
A story partly or entirely underground and having more than onehalf (1/2) of its clear height below the average level of the
adjoining ground. A cellar shall not be considered in determining
the permissible number of stories. Also see Basement.¶

12

1

CIVIC USE FACILITY

2
3

A place and/or building, or portion thereof, that is used or is intended for large gatherings of
people; the term includes zoos, arenas, stadiums, fairgrounds, and the like.

4

CLEAR VISION TRIANGLE

5
6
7
8

An area of unobstructed vision at street intersections between three (3) and eight (8) feet above
the established road grade and within a triangular area at the street corner; the area is bounded
by the street property lines of corner lots and a line joining points along said street lines 20 feet
from their point of intersection.

9

CO-LOCATION

10
11

Placing more than one (1) exterior transmitting or receiving device on one (1)
Telecommunications Facility/Structure at one (1) location.

12

COMMERCIAL USE

13
14
15
16
17

A use that involves the exchange of cash, goods or services, barter, forgiveness of indebtedness
or any other enumeration in exchange for goods, services, lodging, meals, entertainment in any
form or the right to occupy space over any period of time. This includes land uses which are
allowed by right or through the special review process in the Commercial, Mixed Use, Light
Industrial and Heavy Industrial Zones, as listed in these regulations.

18

COMMUNITY RESIDENTIAL FACILITY

19
20
21

Community residential facility serving eight (8) or fewer persons is considered a residential use
of property for purposes of zoning if the home provides care on a 24-hour-a-day basis. See MCA
§ 76-2-412. These facilities may be characterized by any of the following:

22
23

(1)

A community group home for developmentally, mentally, or severely disabled
persons that does not provide skilled or intermediate nursing care;

24
25

(2)

A youth foster home, a kinship foster home, a youth shelter care facility, a
transitional living program, or youth group home as defined in MCA § 52-2-602;

26
27
28

(3)

A halfway house operated in accordance with regulations of the department of
public health and human services for the rehabilitation of alcoholics or drug
dependent persons;

29

(4)

A licensed adult foster family care home; or

30

(5)

An assisted living facility licensed under MCA §§ 50-5-227 and 76-2-411.

31

Community Group Home

32
33
34
35

A family-oriented residence that is designed to provide residential services for two (2) to
eight (8) persons with severe disabilities and that does not provide skilled or intermediate
nursing care. This definition does not preclude the provision of skilled or intermediate
nursing care by third-person providers. See MCA § 52-4-202(1).

36

Youth Foster Home
13

Deleted: COMMERCIAL FEEDLOT¶
An animal feeding operation (AFO) engaged in the raising or
fattening of livestock animals for commercial purposes where the
animals are confined at a high density relative to open range
pasture raising and feeding operations with rotational grazing and
stocking rates designed to sustain grazing pastures. Commercial
feedlots are distinct from transportation stockyards where
livestock are temporarily stabled or boarded as part of a process
of transportation. The term does not include 4-H, FFA and other
youth experiential learning programs.¶
Commented [MH13]: MOVE BROAD USE CATEGORIES
UNDER THE USE DEFINITION. COMMERCIAL,
INDUSTRIAL, AGRICULTURE, RESIDENTIAL, MULTIPLE
USE
Commented [MH15]: Must match number for statute
Commented [MH15R2]: Update new changes, correct the
language which is incorrect with develop dis. And severe dis.
Match 1 and group home. Explain the difference between by
right or needing an sup.
Update daycare definition under 412
Deleted: COMMUNITY CENTER¶
A place and/or building, or portion thereof, that is used or is
intended for day use through short-term and intermittent
meetings or gatherings of individuals that are generally open to
the public for purposes of recreation, sharing information,
entertainment, social service, or similar activities; the term
includes fraternal, social, or civic clubs, lodges, union halls, and
the like.¶
COMMUNITY CULTURAL FACILITY¶
A place and/or building, or portion thereof, that is used or is
intended for studying, reading, personal education, or for viewing
the visual arts; the term includes libraries, museums, art galleries,
observatories, and the like; the term does not include performing
arts.¶
COMMUNITY GARDEN¶
An outdoor area that is used to grow vegetables, fruits, flowers,
and the like by a group of unrelated individuals who primarily use
what is grown for their personal use; the community garden can
be divided into individual plots of land for the exclusive use of the
person assigned each plot, or the entire garden may be a
cooperative effort of any number of people, or a combination
thereof.¶

1
2
3

A youth care facility in which substitute care is provided to one (1) to six (6) children or
youth other than the foster parents' own children, stepchildren, or wards. See MCA § 522-602(12).

4

Youth Group Home

5
6

A youth care facility in which substitute care is provided to seven (7) to twelve (12)
children or youth. See MCA § 52-2-602(13).

7

Halfway House

8
9

A community residential facility for treatment of substance use disorders. See ARM
37.106.1413(17).

10

Adult Foster Family Care Home

11
12
13
14
15

A private home or other facility that offers, except as provided in MCA § 50-5-216, only
light personal care or custodial care to four (4) or fewer disabled adults or aged persons
who are not related to the owner or manager of the home by blood, marriage, or adoption
or who are not under the full guardianship of the owner or manager. See MCA § 50-5101(5)(a).

16

Assisted Living Facility

17
18
19

A congregate residential setting that provides or coordinates personal care, 24-hour
supervision and assistance, both scheduled and unscheduled, and activities and healthrelated services. See MCA § 50-5-101(7).

20

COMPOSTING FACILITY

21
22
23

A place and/or building, or portion thereof, that is used or is intended for collecting and
processing vegetation (but not food wastes) for composting; the term includes the storage and
manipulation of materials prior to, during, and following composting.

24

CONCENTRATED ANIMAL FEEDING OPERATIONS (CAFO)

25
26
27
28
29
30
31

An concentrated animal feeding operation (CAFO) that is defined as a large, concentrated animal
feeding operation or as a medium concentrated animal feeding operation or that is designated
as a concentrated animal feeding operation in accordance with 40 CFR § 122. Two (2) or more
animal feeding operations under common ownership are considered to be a single animal
feeding operation for the purposes of determining the number of animals at an operation if they
adjoin each other or if they use a common area or system for the disposal of wastes. See MCA §
75-5-801(2).

32

CONCESSION STAND

33
34
35
36

A place where patrons of a legally permitted principal land use can purchase snacks, beverages,
or food for on-site consumption during event activities. Snacks, foods, and beverages may be
prepared or packaged on or off-site if all other required permits and/or licenses are held by the
concessionaire.

37

CONDOMINIUM
14

Commented [MH16]: COMBINE UNDER FOOD SERVICE
USE CATEGORY. RESTURANTS, CAFÉ, FOOD TRUCKS,
CONCESSION STANDS, ROADSIDE STANDS,
COMMUNITY MARKETS,

1
2
3
4

The ownership of individual dwelling units located on a lot or lots which are owned in common
by individual unit owners, or any division of the interests in real property, including easements
and leases of over five (5) years, that have the effect of permitting more than one dwelling unit
on a lot without the division of the fee simple interest in said lot.

5

CONSTRUCTION MATERIALS SALES

6
7
8
9

A place and/or building, or portion thereof, used or is intended for wholesale or retail sales of
bulk construction materials such as roofing, lumber, bricks, component parts (trusses), and the
like; the term does not include hardware stores, concrete plants, asphalt mixing plants, or any
facility that manufactures building materials and offers them for retail sale on the premises.

10

CONTRACTOR YARD

11
12
13

A place and/or building, or portion thereof, that is used or is intended to be used by a
contractor/builder with one (1) or more of the following: construction material storage,
machinery storage or repair, including trucks and heavy equipment, shops, and office space.

14

CONTRACTOR YARD, SMALL

15
16

A contractor yard that would be compatible in size and scope in a residential setting as defined
by performance standards herein described or as may be adopted.

17

CONTRACTOR YARD, LARGE

18
19

Contractor yard that would be compatible in size and scope with industrial and commercial
activities as defined by performance standards herein described or as may be adopted.

20

CONVENIENCE SALES

21
22
23

A place and/or building, or portion thereof, that is used or is intended for personal services or
retail sale of a limited product line of frequently needed personal items; the term includes
convenience stores, small grocery stores, barber shops, beauty parlors, and the like.

24

COVERAGE

25

That percentage of the plot or lot area covered by a structure.

Deleted: CONIFEROUS¶
A plant with foliage that persists and remains green year-round.¶

D

26
27

DATA CENTER

28
29

A facility hosting a large group of networked computer servers typically used by organizations for
the remote storage, processing, or distribution of large amounts of data.

30

DAY CARE CENTER

31
32

An out-of-home place in which day care is provided to thirteen (13) or more children on a regular
or irregular basis. See MCA § 52-2-703(3)(a).

33

DEVELOPMENT

34
35

The construction, reconstruction, conversion, structural alteration, relocation, or enlargement of
any structure or any use or extension of the use of the land.
15

Commented [MH17]: Combine with neg. commercial
Deleted: CROP PRODUCTION¶
To grow crop plants as a process of producing a commodity or
multiple commodities; mainly food and/or fiber products. This
includes farms, orchards, groves, greenhouses, and nurseries
primarily engaged in growing crops, plants, vines, or trees, and
their seeds.¶
COMMODITY¶
An unprocessed material or other natural resource that is
intended for sale or exchange. This includes, but is not limited to,
crops, minerals, livestock, insects, or fish.¶
COURT¶
An unoccupied open space other than a yard on the same lot with
a building which is bounded on two (2) or more sides by the walls
of such building.¶
COURT, INNER¶
A court enclosed on all sides by exterior walls of the building, or
by exterior walls and lot lines on which walls are allowable.¶
COURT, OUTER¶
A court extending to a street line or opening upon any front, side,
or rear yard.¶
Deleted: DECIDUOUS¶
A plant with foliage that sheds annually.¶
Commented [MH18]: Check against sub regs and flood
regs.

1

DISTILLERY

2
3
4

Establishment engaged in manufacturing, assembly, fabrication, packing, or industrial processing
of products from raw materials, including the chemical transformation of materials or substances
into new products, and blending of materials including liquors. See also Alcohol Distillery.

5

DWELLING see residents delete the rest

6

DWELLING UNIT add mca definition

7
8

A building, or portion thereof, providing complete housekeeping facilities, constituting living
quarters and a bathroom and kitchen facilities,.

9
10
11
12
13
14
15
16

EDUCATIONAL FACILITY
A place and/or building, or portion thereof, that is used or is intended for use as a preschool,
elementary, junior high, high school, or secondary education (such as colleges, universities,
community colleges, and vocational schools).
EVENT CENTER
A publicly or privately owned structure or area used for the purposes of public performances,
private receptions or parties, professional conferences, or similar draws.

17

F

E

18

FACILITY

19
20

A building, structure, or establishment that provides a specific service or a feature of the total
service.

21

DAY CARE (in HOME)

22
23

A private residence in which day care is provided up to 15 children on a regular basis. See MCA §
52-2-703

24

FENCE

25
26

Structure around the perimeter of a space that provides privacy, aesthetics, or security from
which height is measured from natural grade.

27

FINANCIAL SERVICES

28
29
30
31

A place and/or building, or portion thereof, that is used or is intended for providing financial and
banking services; the term includes banks, savings and loan institutions, other lending
institutions, and check cashing facilities; the term does not include automated teller machines,
which are considered an accessory use to commercial enterprises.

32

FIREARMS RANGE, INDOOR

33
34
35

A facility designed or used for shooting at targets with rifles, pistols, or shotguns, and which is
completely enclosed within a building or structure. For archery range, see Indoor Sports and
Recreation.
16

Deleted: DOMESTIC NON-LIVESTOCK ANIMAL¶
Any animal customarily kept by humans for companionship,
including dogs, cats, birds, rabbits, hamsters, mice, turtles, ferrets,
pot-bellied pigs, and the like, but not to include any traditionally
wild animal, including, but not limited to, wolf, skunk, bear and
raccoon. ¶
DRIP LINE¶
A vertical line extending from the outermost edge of the tree
canopy or shrub branch to the ground.¶
DROUGHT AVOIDANCE¶
The ability of a plant to withstand drought without showing signs
of stress.¶
DROUGHT TOLERANCE¶
The ability of a plant to withstand drought without dying.¶
Deleted: for one (1) family
Deleted: for one (1) family
Deleted: ENTOCULTURE¶
To farm raise insects or other non-aquatic invertebrates as a
process of producing a commodity or multiple commodities. ¶
EQUINE PRODUCTION¶
To raise members of the equine family (equus genus) as a process
of producing a commodity or multiple commodities.¶
ESTABLISHMENT¶
An established organization for commercial or non-profit
purposes. The term includes the associated people, places, and
services of the organization.¶

Deleted: FAMILY¶
An individual or two (2) or more individuals related by blood,
marriage or adoption or other legal means, or a group of not more
than five individuals who are not related by blood, marriage or
adoption, living together as a single housekeeping unit within a
dwelling unit.¶
FAMILY
Deleted: to three (3) to six (6)
Deleted: (6).

1

FIREARMS RANGE, OUTDOOR

2
3

A facility designed or used for shooting at targets with rifles, pistols, or shotguns, and which is
not located within a building or structure. For archery range, see Outdoor Sports and Recreation.

4

FLOODPLAIN

5
6

The area generally adjoining a stream which would be covered by a floodway. From a regulatory
standpoint, it consists of the floodway and floodway fringe.

7

FOUNDATION

8
9

Any footings, pads, slabs or other improved surfaces, excluding driveways, or paved parking areas
which are installed with tie-downs or fasteners for the purpose of erecting a structure thereon.

10

FREIGHT TERMINAL

11
12

A place and/or building, or portion thereof, that is used or is intended for the temporary storage
of items that will be reloaded onto trucks for final shipment.

13

FUEL TANK FARM

14
15

A place and/or building, or portion thereof, that is used or is intended for commercial bulk
storage of petroleum products or any other fuel.

16

FUNERAL HOME

17
18

A place and/or building, or portion thereof, used or intended for the care and preparation of
human dead for burial; the term includes funeral homes and mortuaries.

19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36

GARAGE, PRIVATE
A building that is intended to house vehicles and household items belonging to the owner of the
subject property.
GARAGE, PUBLIC
Any garage, other than a private garage, available to the public, operated for gain and which is
used for storage, repair, rental, greasing, washing, servicing, adjusting, or equipping of
automobiles or other motor vehicles.
GENERAL REPAIR
A place and/or building, or portion thereof, that is used or is intended for the repair of consumer
goods such as shoes, bicycles, appliances, business equipment, and the like; the term does not
include repair of vehicles or industrial equipment.
GENERAL SALES
A place and/or building, or portion thereof, that is used or is intended for retail sale of a diverse
product line; the term includes grocery stores, warehouse retail outlets, comparison shopping
stores, full-line department stores, and the like.
GENERAL SERVICES
A place and/or building, or portion thereof, that is used or is intended for providing services not

Deleted: FORESTRY¶
To grow and harvest timber on a production cycle of ten (10) or
more years. Trees farmed under shorter production cycles are
considered crops.¶

G

17

Deleted: GAME ANIMAL¶
Any of the following regulated animals: deer, elk, moose,
antelope, caribou, mountain sheep, mountain goat, mountain
lion, bear, and wild bison. See MCA § 87-6-101(12).¶
¶
GAME FISH¶
Any of the following regulated animals: all species of the family
Salmonidae (chars, trout, salmon, grayling, and whitefish); all
species of the genus Stizostedion (sand pike, sauger, walleyed
pike, and yellow pike perch); all species of the genus Esox
(northern pike, pickerel, and muskellunge); all species of the
genus Micropterus (bass); all species of the genus Polyodont
(paddlefish); all species of the family Acipenser Dae (sturgeon); all
species of the genus Lota (burbot or ling); the species Perca
flavescens (yellow perch); all species of the genus Pomoxis
(crappie); and the species Ictalurus punctatus (channel catfish).
See MCA § 87-6-101(13).¶

1
2
3
4
5
6
7
8
9
10
11
12
13
14
15

otherwise included in any other service type category; the term includes photography studios,
weight loss centers, commercial postal services, beauty shops, pet grooming shops,
photocopying and printing services, linen services, dry cleaning services, diaper services, and the
like.
GLARE
Luminance in excess of what the human eye is accustomed to, resulting in annoyance, discomfort
or loss of visual performance and visibility.
GOLF COURSE/DRIVING RANGE
A place, whether organized for profit or not, that is used or is intended for playing golf.
GRAVEL PIT
See Open-Cut Mining Operation.
GUEST RANCH
A ranch that provides recreational activities including, but not limited to, hunting, horseback
riding, fishing, hiking, biking, snowmobiling, or a working cattle ranch experience to its guests
and day visitors, and offering only temporary rental accommodations for vacation use.

16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39

HARDSHIP
A restriction on property so unreasonable that it results in an arbitrary and capricious
interference with basic property rights. Hardship relates to the physical characteristics of the
property, not the personal circumstances of the owner or user, and the property is rendered
unusable without the granting of a variance.
HEALTH CARE CENTER
A place and/or building, or portion thereof, that is used or is intended for providing medical
services including prevention, diagnosis, treatment, or rehabilitation; the term includes dental
clinics, doctor’s offices, and sports medicine facilities; the term does not include those uses as
classified as a health care facility.
HEALTH CARE FACILITY
An institution, building, or agency, private or public, excluding federal facilities, whether
organized for profit or not, that is used, operated, or designed to provide health services, medical
treatment, or nursing, rehabilitative, or preventive care to any individual. The term includes
chemical dependency facilities, critical access hospitals, end-stage renal dialysis facilities, home
health agencies, home infusion therapy agencies, hospices, hospitals, infirmaries, long-term care
facilities, intermediate care facilities for the developmentally disabled, medical assistance
facilities, mental health centers, outpatient centers for primary care, outpatient centers for
surgical services, rehabilitation facilities, residential care facilities, and residential treatment
facilities. See MCA § 50-5-101(26)(a).
HEIGHT
A line of measurement between two (2) given points contained in a plane that is perpendicular
to ground level.

H

18

Deleted: GROUP DAY CARE HOME¶
A private residence or other structure in which day care is
provided to seven (7) to twelve (12) children on a regular basis.
See MCA § 52-2-703(7).¶
GUEST HOUSE¶
An attached or detached accessory building used to house guests
of the occupants of the principal building, and which is never
rented or offered for rent.¶

1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24

HEIGHT – AIRPORT AREA
For the purpose of determining the height limits in all zones set forth in these regulations and
shown on the zoning map, the datum shall be mean sea level elevation unless otherwise
specified.
HELI PAD
A place that is used or intended to land helicopters.
HOME OCCUPATION
Any occupation, profession, enterprise, or similar activity that is conducted on the premises of a
single-family residence as an accessory use and that would be compatible in size and scope in a
residential setting; the term does not include hobbies or similar non-commercial activities or any
activity that would meet the definition of heavy industrial.
HORIZONTAL SURFACE
A horizontal plane one hundred fifty (150) feet above the established airport elevation, the
perimeter of which in plan coincides with the perimeter of the horizontal zone.
HOSPITAL
Unless otherwise specified, the term "hospital" shall be deemed to include sanitarium,
sanatorium, prevention facility, clinic, rest home, nursing home, convalescent home, and any
other place for the diagnosis, treatment, or care of ailments and to be limited to the abovenamed place.
HOTEL
A building containing rooms intended or designed to be used or which are used, rented, or hired
out to be occupied or which are occupied for sleeping purposes by guests, and in which only a
general kitchen and dining room are provided within the building or an accessory building.

Commented [MH19]: Make professional and home the
same

I

25
26

INDOOR ENTERTAINMENT

27
28
29

A place and/or building, or portion thereof, that is used or is intended for indoor entertainment
of all types; the term includes, but is not limited to, theaters, cinemas, dance halls, or sports
arena.

30

INDOOR SPORTS AND RECREATION

31
32
33
34

A place and/or building, or portion thereof, that is used or is intended for indoor recreation of all
type with spectatorship ancillary to the recreation ;, bowling alleys, skating rinks, billiard and pool
halls, arcades, athletic clubs, indoor racquetball courts, athletic training centers, gyms, archery
ranges and the like.

35

INDUSTRIAL, HEAVY

36
37
38

Place and/or building, or portion thereof, that is used or is intended for the following or similar
uses: processing or manufacture of materials or products predominantly from extracted or raw
materials, storage of or manufacturing processes using flammable or explosive materials, or

Deleted: IMMEDIATE FAMILY¶
A spouse, children by blood or adoption, and parents.¶

19

Deleted: the term includes rifle (small bore) and pistol ranges

1
2
3
4

storage or manufacturing processes that potentially involve hazardous or commonly recognized
offensive conditions. The term includes motor vehicle assembly, oil refineries, textile production,
sawmills, post and pole plants, log yards, asphalt and concrete operations, primary metal
processing, and the like.

5

INDUSTRIAL, LIGHT

6
7
8
9
10

Place and/or building, or portion thereof, that is used or is intended for the manufacture
(predominantly from previously prepared materials) of finished products or parts, including
processing, fabrication, assembly, treatment, packaging, incidental storage, sales and
distribution of such products. The term includes furniture production, metal fabrication, apparel
manufacturing, printing, and publishing.

11

INDUSTRIAL PARK

12
13

Planned and coordinated development designed to accommodate a variety of and more than
two (2) industrial uses.

14

INDUSTRIAL USES

15
16
17
18
19
20

Land, structures, and/or buildings utilized for processes engaging in the mechanical, physical, or
chemical transformation of materials, substances, or components into new products, where the
new product is finished in the sense of being ready for consumption or utilization in an advanced
manufacturing process. Additionally, such industrial uses may be accompanied by research and
development and/or the preparing, sorting, packaging, temporary warehousing, and distribution
of products. This definition applies to uses not otherwise defined in these regulations.

21

INDUSTRIAL ZONE

22
23

Any zoning zone established by this regulation that has an "I", followed by a number as its
abbreviation (e.g. I-1).

24

INSTRUCTIONAL FACILITY

25
26

Any place and/or building, or portion thereof, that is used or is intended to offer instruction,
training, or tutelage in such areas as gymnastics, dance, art, music, martial arts, and the like.

27

INSTRUMENT RUNWAY

28
29
30

A runway equipped or to be equipped with a precision electronic navigation aid or land aid or
other air navigation facilities suitable to permit the landing of aircraft by an instrument approach
under restricted visibility conditions.

31

J

32

JUNK YARD /SALVAGE YARD

33
34

Place and/or building, or portion thereof, that is used or is intended for selling, exchanging,
storing, cleaning, packing, processing, or otherwise handling salvage materials.

35

K
20

1

KENNEL, COMMERCIAL

2
3
4
5
6

A place, building, or portion thereof, or activity, that is used or is intended for housing three (3)
or more dogs, cats or other domesticated animals over six (6) months of age for the purpose of
boarding, breeding, training, sale; or wholesale the term includes boarding kennels, dog motels,
and dog training centers; the term does not include animal hospitals, animal grooming parlors,
pet shops, or animal shelters.

7

L

8

LANDING AREA

9

The area of the Airport used for the landing, taking off or taxiing of aircraft.

10

LAND USE

11
12
13

As the context would indicate, (a) the development that has occurred on the land; (b)
development that is proposed on the land; or (c) the use that is permitted on the land under an
adopted and legally enforceable regulatory framework.

14

LAND USE, ACCESSORY

15
16

Any land use that is clearly incidental and subordinate to and customarily found with a principal
land use.

17

LAND USE, PRINCIPAL

18

The dominant land use of a parcel of land.

19

LARGE EQUIPMENT RENTAL / SALES / REPAIR

20
21
22
23

A place and/or building, or portion thereof, which is used or is intended for renting, selling,
and/or repairing of large equipment that is normally stored out of doors; typical items would
include trucks (greater than 26,000 GVW), vertical lifts, fork lifts, back hoes, other types of heavy
equipment and modular buildings.

24

LARGER THAN UTILITY RUNWAY

25
26

A runway that is constructed for and intended to be used by propeller-driven aircraft of greater
than 12,500 pounds maximum gross weight and jet powered aircraft.

27

(LDN) DAY-NIGHT AVERAGE SOUND LEVEL

28
29
30

This is the A-weighted average sound level in decibels during a 24-hour period (or specified
multiple thereof, such as a year) with a 10-decibel weighting applied to nighttime sound levels
(10:00 p.m. to 7:00 a.m.).

31

LIMITED AGRICULTURAL USE

32
33

Agricultural operations, including the keeping of farm animals for personal, non-commercial use
only, and which use is clearly incidental to the residential use of the land.

34

LINE, STREET

35

The dividing line between the dedicated right-of-way of a street and an adjoining lot.
21

Deleted: LANDSCAPING MATERIAL, INORGANIC¶
Nonliving material such as river rock, stone, bark chips, mulch,
flower tubs, fountains, outdoor plazas or other environmental
amenities as approved by the Zoning Administrator.¶
LANDSCAPING MATERIAL, ORGANIC¶
Living vegetative material such as trees, shrubs, vines, turf, and
flower beds. ¶

Deleted: LANDSCAPE PLAN¶
A scaled plan that shows the areas of a site to be landscaped and
provides design, planting, and irrigation specifications.¶
LANDSCAPING¶
Living material (e.g., turf grass, ground cover, shrubs, vines,
hedges) and non-living durable material commonly used in
landscaping (e.g., bark, rocks, pebbles, decorative walls, fences,
art and benches).¶

Deleted: LETTER OF MAP CHANGE ¶
An official revision to a FEMA flood map issued only by FEMA.
There are two (2) letters of official flood map revision; a Letter of
Map Amendment (LOMA) and a Letter of Map Revision (LOMR). ¶

1

LIVESTOCK

2
3
4

Any animal customarily kept by humans for the purpose of providing food, clothing or work,
including but not limited to equine, bovine, ovine, caprine, porcine, fowl, emus, ostriches, llamas,
and bison, excluding bees.

5

LIVESTOCK, LARGE

6
7
8

Animals with a per head animal unit (AU) value greater than four-tenths (0.4) and used primarily
for the purpose of providing food, clothing, or work. Per head AU values for common livestock
animals are provided in Section 8.

9

LIVESTOCK, SMALL

10
11
12

Animals with a per head animal unit (AU) value less than or equal to four-tenths (0.4) and used
primarily for the purpose of providing food, clothing, or work. Per head AU values for common
livestock animals are provided in Section 8.

13

LOT

14

A parcel of ground with a definable location, based on a recorded survey or similar instrument.

15

LOT, CORNER

16

A lot at the junction of and fronting on two (2) or more intersecting streets.

17

LOT, FLAG

18

A lot with access provided by a corridor from a street to the bulk of the lot.

19

LOT, INTERIOR

20

A lot that abuts only one (1) road.

21

LOT, KEY

22
23

A lot in which the front half, or portion, of the side lot line forms the rear lot line of an adjoining
lot.

24

LOT, REVERSE

25

A lot in which the rear lot line forms the front part of the side lot line of an adjoining lot.

26

LOT, THROUGH

27

A lot having a frontage on two (2) more or less parallel streets.

28

LOT, TOWNHOUSE/TOWNHOME

29

A lot defined as a properly recorded and deeded lot upon which a townhouse unit is located.

30

LOT AREA

31
32

The area of the horizontal plane, bound by the vertical planes through front, rear and side lot
lines.

33

LOT COVERAGE
22

Deleted: LOADING AREA¶
An off-street area set aside for the purpose of unloading or
loading a motor vehicle, trailer or truck.¶

1
2
3

A measure of land use intensity. It compares the portion of a site that is covered by impervious
surfaces with the overall area of the site, e.g. a two-acre site with 0.5 acres of impervious surface
has a lot coverage of 0.25 or 25 percent (0.5 / 2 = 0.25).

4

LOT LINE

5

A line dividing one (1) lot from another lot or from a street or alley.

6

LOT LINE, FRONT

7
8
9
10

A lot line described for each of the following type of lots: on an interior lot, the lot line abutting
a street; or, on a corner lot, the shorter lot line abutting a street; or, on a through lot, the lot line
abutting the street, providing the primary access to the lot; or, on a flag lot, the interior lot line
most parallel to and nearest the street from which access is obtained.

11

LOT LINE, REAR

12
13

A lot line that does not intersect a front lot line and that is most distant from and most closely
parallel to the front lot line.

14

LOT LINE, SIDE

15

A lot line not a front or rear lot line.

16

LOT LINE, ZERO

17

A lot where the building is placed on or near one (1) of the side lot lines.

18

LOT, WIDTH OF

19

The average width measured at right angles to the depth.

Commented [MH20]: MATCH TO SUB REG DEFINITIONS

M

20
21

MANUFACTURED HOME

22
23
24

A dwelling unit that meets construction standards adopted by the U.S. Department of Housing
and Urban Development (HUD) at the time of production that is built in a factory on a permanent
chassis.

25

MANUFACTURED HOUSING SALES

26
27

A place and/or building, or portion thereof, that is used or is intended for on-site display and
sales of mobile homes, modular homes, or other forms of manufactured housing.

28

MANUFACTURING

29
30
31

The mechanical or chemical transformation of materials or substances into new products,
including the assembling of component parts, the creation of products, and the blending of
materials including, but not limited, to oils, plastics, resins, etc.

32

MARKET VALUE

33
34

The most probable price, expressed in terms of money that a property would bring if exposed for
sale in the open market in an arm's length transaction between a willing seller and a willing buyer,
23

Deleted: MAINTAIN¶
To support, keep and continue in an existing state or condition
without decline.¶

1
2

both of whom are knowledgeable concerning all the uses to which it is adapted, and for which is
capable of being used.

3

MARIJUANA

4
5

Means all plant materials from the genus Cannabis containing tetrahydrocannabinol (THC) or
seeds of the genus capable of germination as defined under state law.

6

MARIJUANA BUSINESS

7
8
9

The legal use of the land, structures, buildings, and/or portions thereof, involving the lawful
cultivation, manufacturing, sales, and/or testing of marijuana and/or marijuana products for
commercial and/or industrial purposes.

10

MARIJUANA CULTIVATION

11
12

Planting, cultivating, growing, harvesting, and drying marijuana, and includes packaging and
labeling marijuana at that location whether indoors or outdoors.

13

MARIJUANA CULTIVATION FACILITY

14
15
16

A place and/or building, or portion thereof, used or intended to be used to grow live marijuana
plants. The term includes, but is not limited to, outdoor area, greenhouse(s), hoop house(s), or
similar structure(s).

17

MARIJUANA DISPENSARY

18
19
20

A place, building, or portion thereof, where marijuana and/or marijuana products are legally
obtained from legal marijuana cultivation, manufacturing, and/or legally sold to registered
cardholders as defined under state law, and/or adults that are 21 years of age or older.

21

MARIJUANA PRODUCT

22
23
24

Means a product that contains marijuana and is intended for use by a consumer by a means other
than smoking. The term includes, but is not limited to, edible products, ointments, tinctures,
marijuana derivatives, and marijuana concentrates as defined under state law.

25

MARIJUANA SALES

26
27

The legal transfer of marijuana or marijuana products for consideration, exchange, barter, gift,
offer for sale, or distribution in any manner or by any means.

28

MARIJUANA TESTING FACILITY

29
30
31

A building where representative marijuana and marijuana products samples are tested to obtain
information regarding the chemical composition, the potency of a sample, and the presence of
molds or pesticides, or other contaminants in a sample.

32

MEMBERSHIP CLUB

33
34
35
36

An organization catering exclusively to members and their guests in premises and buildings for
recreational, social and athletic purposes. Such operations shall not be conducted primarily for
gain, and also, there shall not be conducted any vending, merchandising or commercial activities,
except those generally required for the membership and purposes of the club or organization.
24

Deleted: MEAN SEA LEVEL¶
The North American Vertical Datum of 1988 to which the base
flood elevations are referenced.¶

1

MICRO-BREWERY

2
3
4
5
6

A place and/or building, or portion thereof, that is used or intended for the production,
packaging, retail sale and/or wholesale, and distribution of beverage grade alcohol from the
fermentation of grains, fruits, vegetables, honey and the like through a brewing process, and
where preparation and sale of food and other beverages for consumption on the premises, if any,
is clearly secondary and subordinate to the sale of on premises produced beverage grade alcohol.

7

MINIMIZE

8

No other alternative would result in a lesser impact.

9

MINI STORAGE FACILITY

10

See Storage Facility, Self-Service.

11

MINIMUM LOT SIZE removed by statut

12

MITIGATE

13

To take an action designed to offset or rectify a negative effect.

14

MOBILE HOME

15
16
17

A dwelling unit that is: (a) constructed off-site; (b) equipped with the necessary utility service
connections; (c) made so as to be readily movable as a unit or units on its (their) own running
gear; (d) designed to be used with or without a permanent foundation.

18

MOBILE HOME COURT

19
20
21

A tract of land which is specifically designed, intended and maintained for locating mobile homes
and which is owned by one (1) party who rents or leases lots to individual tenants. Two (2) or
more mobile homes upon one (1) tract constitute a mobile home court.

22

MOBILE HOME PAD

23
24

The area of a mobile home space which has been prepared for the placement of a mobile
home.

25

MODULAR HOME

26

See Manufactured Home.

27

MOTEL

28
29
30
31
32

A group of attached or detached buildings containing individual sleeping or living units where a
majority of such units open individually and directly to the outside; where a garage is attached
or a parking space is conveniently located to each unit; for the temporary use by automobile
tourists or transients. Such words include auto courts, motor lodges, motor inns, tourist court
and similar terms.

33

MOTOR VEHICLE GRAVEYARD

34
35

A collection point established by a county for junk motor vehicles prior to their disposal. See MCA
§ 75-10-501(5).

Deleted: MIGRATORY GAME BIRD¶
Any of the following regulated animals: waterfowl, including wild
ducks, wild geese, brant, and swans; cranes, including little brown
and sandhill; rails, including coots; Wilson's snipes or jacksnipes;
and mourning doves. See MCA § 87-6-101(17).¶

Deleted: ¶

25

Deleted: MOBILE HOME PARK¶
A tract of land that provides or will provide spaces for two (2) or
more mobile homes.¶
MOBILE HOME SPACE¶
A designated portion of a parcel of land designed for the
accommodation of one (1) mobile home and its accessory
buildings or structures for the exclusive use of the occupants.¶
MOBILE HOME SUBDIVISION¶
A tract of land specifically designed, improved and maintained for
locating mobile homes, which is platted into lots, blocks and
streets, in accordance with the regulations and the lots then sold
or rented to the occupant.¶

Deleted: MOTOR VEHICLE¶
Any self-propelled vehicle designed primarily for transportation of
persons or goods along public streets or alleys, or other public
ways. ¶

1

MOTOR VEHICLE WRECKING FACILITY

2
3
4
5
6
7

A facility that buys, sells, or deals in four or more vehicles a year, of a type required to be licensed,
for the purpose of wrecking, dismantling, disassembling, or substantially changing the form of
the motor vehicle; or a facility that buys or sells component parts, in whole or in part, and deals
in secondhand motor vehicle parts. A facility that buys or sells component parts of a motor
vehicle, in whole or in part, is a motor vehicle wrecking facility whether or not the buying or
selling price is based upon weight or any other type of classification. See MCA § 75-10-501(6)(a).

8

MOTORIZED SPORTS ENTERTAINMENT

9
10
11
12

A place and/or structure, or portion thereof, that is used for outdoor spectator type uses or
events for motorized vehicles. This term includes the racing of snowmobiles, cars, trucks,
motorcycles, buses, and tractors and the like. This definition includes, but is not limited to,
motocross, mud bog events and demolition derbies.

13

MULTIPLE USE

N

14
15

NEW CONSTRUCTION

16
17

Structures for which the start of construction, substantial improvement or alteration commences
on or after the effective date of these regulations.

18

NON-CONFORMING

19
20

Describes the status accorded certain properties, uses, and activities that are legally existing prior
to the date of adoption of the zoning ordinance or provisions of the zoning ordinance.

21

NON-CONFORMING BUILDING

22
23

Any building that at the time of construction, conformed to existing rules and regulations, but is
now inconsistent with this regulation.

24

NON-CONFORMING LOT

25
26

Any lot that at the time of creation, conformed to existing rules and regulations, but is now
inconsistent with this regulation.

27

NON-CONFORMING STRUCTURE

28
29

Any structure that at the time of construction or placement, conformed to existing rules and
regulations, but is now inconsistent with this regulation.

30

NON-CONFORMING USE

31
32

Any use of land that at the time of establishment, conformed to existing rules and regulations,
but is now inconsistent with this regulation.

33

NON-INSTRUMENT RUNWAY

34

A runway other than instrument runway.

35

NON-PRECISION INSTRUMENT RUNWAY
26

Commented [MH21]: THESE TWO DEFINED USES ARE
NOT ALLOWED IN ANY ZONING DISTRICT BUT WE HAVE
MULTIPLE EXISTING IN RESIDENTIAL, MIXED USE AND
MU-20.

Deleted: MULCH¶
Nonliving organic and synthetic materials customarily used in
landscape design to retard erosion and retain moisture and that
provide a protective covering around plants to reduce weed
growth and to maintain even temperatures around plant roots;
examples include bark, wood chips, and coffee bean hulls.¶

1
2
3

A runway having an existing instrument approach procedure utilizing air navigation facilities with
only horizontal guidance, or area type navigation equipment, for which a straight-in nonprecision instrument approach procedure has been approved or planned.

4

NON-RESIDENTIAL USE

5
6
7

Any use not requiring or providing facilities for individuals to live on the premises including uses
of property or land containing or suitable for agricultural, commercial, or industrial purposes
rather than private dwellings.

8

NURSING OR CONVALESCENT HOME

9
10

A place that provides 24-hour services including room and board to unrelated residents who
because of their mental or physical condition require nursing care.

11

O

12

OCCUPANCY

13

The purpose for which a building, or part thereof, is used or intended to be used.

14

OFF-PREMISE SIGN

15
16

A sign that directs attention to a business, commodity, service, activity, or product that is not
sold, conducted, or offered for sale on the premise where the sign is located.

17

OFF-SITE LIQUOR SALES

18
19

A place and/or building, or portion thereof, that is used or is intended for retail sales of alcoholic
beverages for off-site consumption. The term includes package liquor stores.

20

ON-PREMISE SIGN

21
22

A sign that directs attention to a business, commodity, service, activity, or product that is sold,
conducted, or offered for sale on the premise where the sign is located.

23

OIL AND GAS EXPLORATION, DRILLING AND PRODUCTION

24
25

Oil and gas exploration, drilling, and production within new or established oil and gas fields
outside of urban areas.

26

ON-SITE CONSTRUCTION OFFICE

27
28

Building placed on a construction site that is used by the contractor as a field office and removed
when construction is complete.

29

ON-SITE REAL ESTATE SALES OFFICE

30
31

Residential dwelling in a residential development that is temporarily used as a sales office for
other on-site residential dwellings.

32

OPENCUT MINING OPERATION

33
34

Includes the following activities, if they are conducted for the primary purpose of sale or
utilization of materials: (a) removing the overburden and mining directly from the exposed
27

Deleted: NOXIOUS WEED¶
Any exotic plant species established or that may be introduced in
the state which may render land unfit for agriculture, forestry,
livestock, wildlife or other beneficial uses or that may harm native
plant communities and that is designated by the Montana
Department of Agriculture or by a weed management zone.¶

1
2
3
4
5
6
7
8

natural deposits or mining directly from natural deposits of materials; (b) mine site preparation,
including access; (c) processing of materials within the area that is to be mined or contiguous to
the area that is to be mined or the access road; (d) processing materials within the area that is to
be mined through crushing, screening, asphalt, wash, and concrete plants, and utilizing other
equipment used in processing open-cut materials; (e) transportation of materials on areas
referred to in subsections 1 - 3; (f) storing or stockpiling of materials on areas referred to in
subsections 1 - 3; (g) reclamation of affected land; and (h) any other associated surface or
subsurface activity conducted on areas referred to in subsections 1 – 3.

9

YARD

10

An unoccupied space open to the sky on the same lot with a building.

11

PUBLIC LANDS AND INSTITUTIONS (PLI) ZONE

Deleted: OPEN SPACE

12
13

A zoning classification for lands primarily owned by government entities, utilities, public and
private parks and open space.

14

OUTDOOR ENTERTAINMENT

Deleted: A zoning classification that limits the allowable uses to
agriculture, recreation, parks, reservoirs, and water supply lands.
Open Space Zones are most commonly used for publicly owned
lands, but are also used in areas subject to flooding (floodplain
zones) and other natural hazards.¶

15
16
17

A place and/or structure, or portion thereof, that is used or is primarily intended for outdoor,
spectator-type uses or events. The term includes but, is not limited to, non-motorized race
tracks, amphitheaters, or sports arenas.

18

OUTDOOR SPORTS AND ENTERTAIMENT

19
20
21

A place and/or structure, or portion thereof, that is used or is intended for outdoor recreation of
all types with spectatorship ancillary to the recreation. The term includes swimming pools, tennis
courts, golf courses, paintball fields, archery ranges, and the like.

22

OUTFITTER/GUIDE FACILITY

23
24
25
26
27

A facility that: (a) uses one or more permanent structures, one (1) or more of which have
running water, sewage disposal, and a kitchen; (b) furnishes sleeping accommodations to
guests; (c) offers hunting, fishing, or recreational services in conjunction with the services of
an outfitter or guide, as defined in MCA § 37-47-101; and (d) is a small establishment or a
seasonal establishment. See MCA § 50-51-102(7).

28

OWNER OF RECORD

29
30

The person or persons who are listed in the official county records as the legal owners of a tract
of record.

31

P

32

PARCEL OF LAND

33
34

A unit of land, all parts of which are contiguous, including contiguous lots, in the possession of,
owned by or managed by the same person.

35

PARK

36

A place and/or building, or portion thereof, that is used or is intended for recreational activities
28

Commented [MH22]: CONSIDER COMBINING THE
RECREATION COMMERCIAL TYPE ACTIVITIES INTO A
MULTIPLE USE CATEGORY.

1
2

for use by the general public or by a homeowners' association. The term includes developed and
undeveloped areas and neighborhood recreation centers.

3

PARKING GARAGE

4

An off-street building used to temporarily park vehicles.

5

PARKING LOT

6
7

An off-street area, located beyond the right-of-way or easement of a street, used to temporarily
park vehicles.

8

PARKING SPACE

9
10
11
12

The area required for parking one (1) automobile, which in these regulations is held to be an area
of three hundred (300) square feet. (The area of three hundred (300) square feet per automobile
is a gross area figure including area needed within the lot for ingress and egress to the parking
space).

13

PARKING STRUCTURE

14
15

A multilevel structure that is used or is intended for parking motor vehicles for a short duration;
the term does not include underground parking.

16

PERMIT

17
18
19
20

A document issued by the Zoning Administrator or their designee of the Cascade County Planning
Department which records all land use decisions, which are made by Cascade County on a land
use application. These include but are not limited to Location/Conformance Permits, Special Use
Permits, Unclassified Use Permits, and Home Occupation Permits.

21

PERMITTED USE

22
23

A use which may be lawfully established in a particular zone or zones, provided it conforms with
all requirements, regulations and standard of such zone.

24

PERSON

25
26

Any individual, corporation, governmental agency, business trust, estate, trust, partnership,
association, two (2) or more persons, having a joint or common interest, or any other legal entity.

27
28

PLANNED UNIT DEVELOPMENT (PUD) subdivision definition does not reflect the way we use it
in zoning.

29
30
31
32

A land development project consisting of residential clusters, industrial parks, shopping centers,
or office building parks that comprises 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 MCA § 76-3-103(10).

33

PLANNING BOARD

34
35
36

The Cascade County Planning Board, authorized under MCA § 76-1-101, and tasked with an
advisory role for ensuring the promotion of public health, safety, morals, convenience, or order
for the sake of efficiency and economy in the process of community development. The Planning

Deleted: PARK DEDICATION¶
Land set aside by the developer for park purposes.¶

29

Deleted: PERIMETER LANDSCAPING¶
The landscaping located appurtenant to the outer property lines,
exclusive of the property line(s) which abut a public street rightof-way.¶

Commented [MH23]: ALLIGN WITH SUBDIVISION
REGULATIONS

1
2
3
4
5

Board may propose policies for: (a) subdivision plats, (b) the development of public ways, public
places, public structures, and public and private utilities, (c) the issuance of improvement location
permits on platted and unplatted lands; or, (d) the laying out and development of public ways
and services to platted and unplatted lands. The Cascade County Planning Board must consist of
not less than five (5) members and are appointed by the Board of County Commissioners.

6

PLAT

7
8

A graphical representation of a subdivision, showing the division of land into lots, blocks, streets,
alleys, and other divisions and dedications.

9

POLE SIGN

10

See Sign, Freestanding Sign.

11

POLLUTION OR POLLUTANTS

12
13
14
15
16

The presence in the outdoor atmosphere, ground or water of any substance, contaminant, noise
or any other manmade or man-induced alteration of the chemical, physical, biological or
radiological integrity of air, soils or water, in quantities or at levels which are or may be potentially
harmful or injurious to human health or welfare, animal or plant life, or property, or unreasonably
interfere with the enjoyment of life or property.

17

PORCH

18

A part of a building with a roof of its own that covers an entrance.

19

POWER PLANT

20
21
22
23
24
25
26

A facility that converts one (1) or more energy sources, including but not limited to, water power,
fossil fuels, nuclear power, or solar power, into electrical energy or steam. A power generation
plant may also perform either or both of the following: (a) operation of a transmission system
that conveys the energy or steam from the generation facility to a power distribution system;
and/or (b) operation of a distribution system that conveys energy or steam from the generation
facility or the transmission system to final consumers. For wind energy, see Wind Energy
Conversion System. For solar energy, see Power Plant, Solar.

27

POWER PLANT, COMMERCIAL WIND FARM

28

See Wind Energy Conversion System (WECS) Commercial.

29

POWER PLANT, HYDROELECTRIC

30
31
32
33
34

All aspects of any project or development necessary for or related to the generation of hydroelectric
energy, including but not limited to, conduits, dams, diversions, fish ladders and screens, generators,
impoundments, penstocks, turbines, transmission facilities and related buildings, structures, storage
areas, access roads, parking areas, and surrounding and adjacent lands which are necessary for or related
to the facility.

35

POWER PLANT, PRIVATE

36
37
38

An electrical power generation facility that, regardless of fuel or energy source, is operated by a
private property owner or lessee, and whose primary function is the provision of electricity to
the permitted use(s) on the site the facility is located.
30

1

POWER PLANT, SOLAR

2
3
4

A commercial facility that converts sunlight into electricity, whether by photovoltaics (PV),
concentrating solar thermal devices (CST), or various experimental solar technologies, for the
primary purpose of wholesale or retail sales of generated electricity.

5

PRECISION INSTRUMENT RUNWAY

6
7
8
9

A runway having an existing instrument approach procedure utilizing an Instrument Landing
System (ILS) or a Precision Approach Radar (PAR). It also means a runway for which a precision
approach system is planned and is so indicated on an approved airport layout plan or any other
planning document.

10

removed because it is used commonly in too may places in the regulation. PRIMARY SURFACE

11
12
13
14
15
16

A surface longitudinally centered on a runway. When the runway has a specially prepared hard
surface, the primary surface extends two hundred (200) feet beyond each end of that runway;
for military runways or when the runway has no specially prepared hard surface, or planned hard
surface, the primary surface ends at each end of that runway. The width of the primary surface
is set forth in Section 9.2.2 of these regulations. The elevation of any point on the primary surface
is the same as the elevation of the nearest point on the runway centerline.

17

PRINCIPAL BUILDING

18
19
20
21
22

The primary building on a lot or a structure that houses a principal use. (a) "accessory dwelling
unit" means a self-contained living unit on the same parcel as a single-family dwelling of greater
square footage that includes its own cooking, sleeping, and sanitation facilities and complies with
or is otherwise exempt from any applicable building code, fire code, and public health and safety
regulations adopted pursuant to Title 50, chapter 2;

23

PRINCIPAL LAND USE

24

The dominant land use of a parcel of land.

25

PROFESSIONAL SERVICES

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27
28
29

A building, or portion thereof, that is used or is intended to house services involving
predominantly professional, clerical, or similar operations where customers come on a regular
basis. The term includes law offices, real estate offices, insurance offices, travel agencies, and
the like.

30

PUBLIC BUILDING

31
32
33

Any building held, used, or controlled exclusively for public purposes by any department or
branch of government, state, county, or municipal without reference to the ownership of the
building or of the realty upon which it is situated.

34

PUBLIC ENTITY

35
36
37
38

Any agency, political subdivision, or unit of local government of this state, or private utility
regulated by the State of Montana, including but not limited to municipal corporations, special
purpose zones and local service zones, private regulated utilities, any agency of the State of
Montana, the United States or any state thereof, or any Indian Tribe recognized as such by the
31

Deleted: PRESERVE
Deleted: ¶
To save from change or loss and reserve for a special purpose.¶

Deleted: PROFESSIONAL OFFICE IN A RESIDENCE¶
A professional office or studio located in the residence of a
physician, surgeon, doctor, lawyer, engineer, architect, artist,
teacher, registered nurse, accountant, and such use shall be
secondary and incidental to the residential use of the building.
The profession must be carried on in the principal building, limited
to two (2) personnel. The profession may be advertised by a
professional nameplate or sign not to exceed two hundred and
forty (240) square inches, that is attached to the main door or
suspended in a window, and may be illuminated, but not in a
flashing manner. Also, employment of not more than one (1)
person not a member of the immediate family is permitted only at
the discretion of the Zoning Board of Adjustment upon application
in writing describing the full nature and extent of the occupation.¶

1

federal government.

2

PUBLIC INSTITUTION

3
4

A facility that provides a public service and is operated by a federal, state, or local government,
public utility, public or private school or college, church, or public agency.

5

PUBLIC SAFETY FACILITY

6
7
8

Any place and/or building, or portion thereof, whether public or non-public, that is used or is
intended for housing public safety services. The term includes ambulance services, fire stations,
police stations, and the like.

9

PUBLIC VIEW

10
11

A point six (6) feet above the surface of the center of any adjoining public right-of-way, including,
but not limited to avenues, streets and alleys.

12

Q

13

QUARRY, SAND PIT, GRAVEL PIT, TOP SOIL STRIPPING

14
15
16
17

A lot or land or part thereof used for the purpose of extracting stone (including grinding, cutting,
breaking, forming, and finishing of quarried rock), sand, gravel, or topsoil for sale as an industrial
operation, and exclusive of the process of grading the lot preparatory to the construction of a
building for which application for a zoning permit has been made.

18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36

Deleted: PUBLIC USES¶
Uses of land which are considered public in nature such as parks
and recreation areas, public or private schools, colleges,
playgrounds, day care centers, churches, or other public buildings.¶
Deleted: adjacent

R
RAILROAD YARD
Place and/or building, or portion thereof, that is used or is intended for switching train cars,
loading and unloading cars, and where train cars and engines are serviced and stored while not
in use.
RECREATIONAL VEHICLE
A vehicular type unit, primarily designed as a temporary dwelling unit for recreational, camping,
or travel use that either has its own motor power or is mounted on or drawn by another vehicle,
including, but not limited to, a travel trailer, camping trailer, truck camper, motor home, and the
like.
RECREATIONAL VEHICLE PARK
A tract of land available to and principally used by the public for camping, where people can park
recreational vehicles for camping and sleeping purposes.
RECREATIONAL VEHICLE SPACE
A designated portion of a recreational vehicle park, designed for the placement of a single
recreational vehicle and the exclusive use of its occupants.
RECYCLING CENTER
A place and/or building, or portion thereof, that is used or is intended for collecting and/or
processing recoverable materials prior to shipment to others who use those materials to
32

Deleted: RECHARGE¶
The replenishment of underground water reserves.¶
RECREATIONAL TRAIL¶
A linear path which may be dedicated to a single use or multiple
uses. Examples include hiking trails, bike trails, cross-country ski
trails, and horse trails.¶

1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
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25
26
27
28
29
30
31
32
33
34
35
36
37
38
39

manufacture new products; typical types of recoverable materials include glass, newspaper,
metal, and plastic. The term shall not include a junk yard.
REGIONAL AIRPORT AUTHORITY
A body appointed by the Great Falls City Commission, the Board of County Commissioners, and
the County Commissioners of any other counties a part of the regional airport, which is
responsible for the operation and management of the Great Falls International Airport.
REGISTERED ARCHITECT
An individual licensed to practice architecture in Montana.
REGISTERED LAND SURVEYOR
An individual licensed to practice surveying in Montana.
REGISTERED PROFESSIONAL ENGINEER
An individual licensed to practice engineering in Montana.
REMODEL
To only change the interior and/or exterior appearance of a structure, where there is not a
change in the footprint and does not constitute alteration or substantial improvement.
RENDERING PLANT
A building used for storage and conversion of animal wastes and livestock carcasses into
industrial fats and oils, various other products (fertilizer), or to be used for heating and energy
production.
RESIDENCE
A structure or part of a structure containing dwelling units or rooming units, including singlefamily or two-family houses, multiple dwellings, boarding or rooming houses, or apartments.
RESIDENCE, SINGLE FAMILY DETACHED
A single building that is situated on one (1) lot, contains one dwelling unit and is not attached to
any other dwelling unit by any means; the term includes factory-build homes, manufactured
homes and stick-build homes, but excludes mobile homes.
RESIDENCE, TWO-FAMILY
A single building that is situated on one (1) lot and contains two (2) dwelling units.
RESIDENCE, MULTI FAMILY
A single building situated on one lot and contains three (3) or more separate dwelling units;
entrances to the dwelling units may be separate or combined; the units may be rented or owned
as in a condominium.
RESIDENCE, TOWNHOUSE
A building containing multiple dwelling units where they are adjoining to one another on
separate lots each having separate entrances.
RESIDENTIAL USE
Any regular use by its occupants as a permanent place of abode, which is made one’s home as
opposed to one’s place of business and which has housekeeping and cooking facilities for its
occupants only. Activities within land areas used predominately for housing.
33

Deleted: RELATED EQUIPMENT¶
All equipment ancillary to the transmission and reception of voice
and data via radio frequencies; such equipment may include, but
is not limited to, cable, conduit and connectors.¶

Deleted: RESIDENCE, ZERO LOT LINE¶
A single building that is situated on one (1) lot, contains one (1)
dwelling unit and is not attached to any other dwelling unit by any
means; the side wall of the building is placed directly on or very
close to one of the adjoining side yard property boundary lines;
the term includes factory-built homes, manufactured homes and
stick-built homes, but excludes mobile homes.¶

Deleted: adjacent

1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26

RESTAURANT
A place and/or building, or portion thereof, that is used or is intended for the preparation and
sale of food and beverages for immediate consumption on the premises, and where consumption
of beer, wine, or other liquors, if any, is clearly secondary and subordinate to the sale of food and
beverages; the term does not include a grocery store with a food service section.
RETAIL
An establishment where the principal use is the selling or renting of goods or merchandise to the
general public for personal or household consumption, and rendering of services incidental to
the sale of such goods.
RETIREMENT HOME
A place and/or building, or portion thereof, that is used or is intended to provide an independent
dwelling unit, either owned or rented, to individuals generally sixty-two (62) years of age or older;
limited commercial and medical facilities constructed and used for the exclusive use of residents
shall be an accessory use of the retirement home.
RIDING ACADEMY
Any establishment where horses are kept for riding, driving, or stabling for compensation or
incidental to the operation of any club, association, ranch, or similar establishment.
RIDING AND ROPING ARENA
A private arena used for personal use or for small equestrian or rodeo events with twenty-five
(25) or fewer participants.
RIGHT-OF-WAY
That land which the Montana Department of Transportation, County or City has title to, or right
of use, for public roads and appurtenances, including utilities; a strip of land dedicated or
acquired for public use.
RUNWAY
The paved, graveled, or dirt surface of an airport landing area.

27

S

28

SALVAGE MATERIAL

29
30
31
32
33

Material or fragments of material discarded as waste in manufacturing operations, or machines,
tools, equipment or parts of these, no longer in serviceable condition, or such items and materials
no longer used for their original intent or purpose or such items or materials which are valuable
only as raw material for reprocessing. Examples include metal, rubber, textiles, rope, paper,
leather, lumber, plastics, and equipment made of these.

34

SCREENING

35
36

A feature, such as a wall, fence, hedge, berm, or similar feature, used to shield or obscure
elements of a development from adjacent sites.

37

SETBACK
34

Deleted: RESIDENTIAL ZONING ZONE¶
Any zoning zone established by this Regulation that has an "R",
followed by a number as its abbreviation (e.g., SR-1, SR-2, RR-5,
UR, MU).¶

Deleted: SECONDHAND SALES¶
A place and/or building, or portion thereof, that is used or is
intended for retail sale of goods and merchandise which are not
being sold for the first time. The term includes, but is not limited
to, secondhand stores, thrift stores, and consignment shops.¶

1
2

A specified horizontal distance between two (2) actual or imaginary objects (e.g., property lines,
ordinary high water mark, buildings, wells, septic systems, etc.).

3

SEXUALLY-ORIENTED BUSINESS

4
5

Any of the following types of facilities: adult arcades, adult book stores/adult video stores, adult
cabarets, adult motels, and adult motion picture theaters.

6

Adult Arcade

7
8
9
10
11
12

Any place to which the public is permitted or invited wherein coin-operated or slugoperated or electronically, electrically, or mechanically controlled still or motion picture
machines, projectors or other image-producing devices are maintained to show images
to five (5) or fewer individuals per machine at any one (1) time, and where the images so
displayed are distinguished or characterized by an emphasis on the depiction or
description of specified sexual activities or specified anatomical areas.

13

Adult Book Store/Adult Video Store

14
15
16
17
18
19
20

A commercial establishment which, as one (1) of its principal business purposes, offers
for sale or rental for any form of consideration any one (1) or more of the following: (a)
books, magazines, periodicals or other printed matter, or photographs, films, motion
pictures, video cassettes, video reproductions which are characterized by an emphasis on
the depiction or descriptions of specified sexual activities, or specified anatomical areas;
and/or (b) instruments, devices or paraphernalia which are designed for use in connection
with specified sexual activities.

21

Adult Cabaret

22
23
24
25
26
27

A nightclub, bar, restaurant, or similar commercial establishment which regularly
features: (a) persons who appear semi-nude; (b) live performances which are
characterized by the exposure of specified anatomical areas or by specified sexual
activities; and/or (c) film, motion pictures, video cassettes, slides or other photographic
reproductions which are characterized by the exhibition or display of specified sexual
activities or specified anatomical areas.

28

Adult Motel

29
30
31
32
33
34
35
36

A hotel, motel or similar commercial establishment which: (a) offers accommodations to
the public for any form of consideration; provides to patrons as a primary service of the
establishment, closed-circuit television transmissions, films, motion pictures, video
cassettes, slides or other photographic reproductions which are characterized by an
emphasis on the depiction or description of specified sexual activities or specified
anatomical areas; or (b) offers a sleeping room for rent for a period of time that is less
than ten (10) hours; or (c) allows a tenant or occupant of a sleeping room to sub-rent the
room for a period of time that is less than ten (10) hours.

37

Adult Motion Picture Theater

38
39

A commercial establishment which, for any form of consideration, regularly shows films,
motion pictures, video cassettes, slides or similar photographic reproductions that are
35

1
2
3

distinguished or shows films, motion pictures, video cassettes, slides or similar
photographic reproductions that are distinguished or characterized by an emphasis on
the depiction or description of specified sexual activities or specified anatomical areas.

4

SHARED PARKING

5
6

One (1) or more parking spaces that, partially or entirely, meet the parking requirements of two
(2) or more uses.

7

SHOPPING CENTER

8
9

More than one (1) sales or service uses built on a single site which is planned, developed, owned,
and managed as an operating unit.

10

SIGN

11
12
13

Any device which is used to announce, direct attention to, identify, advertise, or otherwise
communicate information or make anything known; a notice bearing a name, direction, warning
or advertisement that is displayed or posted for public view.

14

Business Sign

15
16
17

A business sign is a sign that directs attention to a business or profession conducted or to
products sold upon the same lot. "For Sale" sign or "To Let" sign relating to a lot on which
it is displayed shall be deemed a business sign.

18

Advertising Sign

19
20

An on-premise or off-premise sign that directs attention to a business, commodity, service
or entertainment event.

21

Illuminated Sign

22
23
24

An illuminated sign is a sign designed to give forth any artificial light or designed to reflect
such light. A flashing sign is any illuminated sign in which artificial light is not maintained
in a stationary manner and of constant intensity and/or color at all times when it is in use.

25

Freestanding Sign

26
27

A sign without props. An example is a sign supported wholly by a pole or poles, I-beam
or a structure in the ground with no part of itself attached to a building.

28

Wall Sign

29
30
31

A sign attached to the wall of a building or structure with the exposed face of the sign in
a plane parallel to the plane of the wall; wall signs include signs painted on awnings and
the exterior walls of buildings.

32

SIGN STRUCTURE

33

The supports, uprights, braces, and framework of a sign.

34

SITE PLAN

35
36

A plan drawn to scale that shows the layout of existing and proposed features, including property
lines, easements, structures, uses, utilities, parking areas, streets, signs, buffers, landscaping,
36

Deleted: SHRUB¶
A self-supporting woody perennial plant that usually remains low
and produces shoots or stems from the base. It typically has
multiple stems and branches continuous from the base. ¶

1

adjoining land uses, and other information as may be required.

2

SITE PREPARATION

3
4
5
6
7

Improvements on a site that are preparatory to construction. Such on site improvements do not
require a Location/Conformance Permit. Site preparations include, but are not limited to, staging
construction equipment, leveling terrain, establishing internal roads / streets, placement of
temporary construction trailers, security fencing, signs, landscaping, parking, and impervious
surface coverage.

8

SLAUGHTERHOUSE

9
10
11

A place, building, or structure where small or large livestock are temporarily stabled prior to
slaughter and slaughtered. Additional processing may include butchering, preparing, or packing
for off-site distribution, or temporary storage for on-site sales.

12

SMALL EQUIPMENT RENTAL / SALES / REPAIR

13
14
15

A place and/or building, or portion thereof, that is used or is intended for renting, selling, and/or
repairing small equipment and supplies that typically are stored indoors. Typical rentals include
hand tools, party equipment, lawn care, and yard equipment.

16

SOLID WASTE DISPOSAL SITE

17
18
19
20
21

All putrescible and non-putrescible wastes including, but not limited to, garbage, rubbish, refuse,
ashes, sludge from sewage treatment plants, water supply treatment plants, or air pollution
control facilities; construction and demolition wastes; dead animals, including offal; discarded
home and industrial appliances; and wood products or wood byproducts and inert materials. See
MCA § 75-10-103(7)(a).

22

SOLID WASTE TRANSFER STATION

23
24

A solid waste management facility that can have a combination of structures, machinery, or
devices where solid waste is taken from collection vehicles (public, commercial, or private) and

25
26

placed in other transportation units for movement to another solid waste management facility.
See ARM 17.50.403(51).

27

SPECIAL USE PERMIT

28
29
30
31
32
33
34
35

A use that would not be appropriate generally or without restriction throughout the zoning
classification zone but which, if further controlled as to number, area, location, or relation to the
neighborhood, would promote the public health, safety, welfare, order, comfort, convenience,
appearance, prosperity, or general welfare. Special use permits may be permitted in a zoning
classification zone if a specific provision for such special use is explicitly listed in the Zoning Zone
Regulations as a special use and a special use permit is issued by the Cascade County Planning
Department upon approval of a Special Use Permit by the Cascade County Zoning Board of
Adjustment.

36

STABLE, PRIVATE

37
38

An accessory building in which horses are kept for private use and not for hire, remuneration, or
sale.
37

Deleted: adjacent

Deleted: SMALL DOMESTIC NON-LIVESTOCK ANIMAL¶
Any species of domesticated non-livestock animals weighing, on
average, less than or equal to two hundred (200) pounds for
either sex.¶

Commented [MH24]: A MOTORVEHICLE GRAVEYARD
AND MVWF ARE BOTH CLASSIFIED UNDER SOLID
WASTE BY DEQ.

Deleted: SPECIALTY SALES¶
A place and/or building, or portion thereof, that is used or is
intended for wholesale or retail sale of a limited product line. The
term includes antique shops, furniture stores, auto part stores,
bookstores, drug stores, clothing boutiques, pet stores, and the
like.¶

1

STABLE, PUBLIC

2

A building in which horses are kept for remuneration, hire, or sale.

3

START OF CONSTRUCTION

4
5
6
7

The first land-disturbing activity associated with a development, including land preparation such
as land clearing, grading and filling; installation of streets, and walkways; excavation for
basements, footings, piers, or foundations; erection of temporary forms; and installation of
accessory buildings such as garages.

8

STATE

9

The State of Montana.

10

STORAGE FACILITY, SELF-SERVICE

11
12
13
14

A place and/or building, or portion thereof, which is divided into individual spaces and is used or
is intended as individual storage units that are rented, leased, or owned. The term includes a
tract of land used to store vehicles that are not for sale or trade. Also known as Mini-Storage or
Mini-Warehousing.

15

STORM WATER

16

Storm water runoff, snow melt runoff, and surface runoff and drainage. See ARM 17.30.1102(27).

17

STORM WATER DETENTION STRUCTURE

18
19

A structure designed to collect and temporarily store storm water with subsequent gradual
release.

20

STORM WATER MANAGEMENT

21
22
23

The use of structural or non-structural practices that are designed to reduce storm water runoff
pollutant loads, discharge volumes, peak flow discharge rates and detrimental changes in stream
temperature that affect water quality and habitat.

24

STORM WATER RETROFIT

25
26
27

A storm water management practice designed for an existing development site that previously
had either no storm water management practice in place or a practice inadequate to meet the
storm water management requirements of the site.

28

STORM WATER TREATMENT PRACTICES

29
30
31

Measures, either structural or nonstructural, that are determined to be the most effective,
practical means of preventing or reducing point source or non-point source pollution inputs to
storm water runoff and water bodies.

32

STORY

33
34
35

That portion of a building included between the surface of any floor and the surface of the floor
next above it, or if there is not a floor above it, then the space between any floor and the ceiling
above it.

36

STORY, HALF
38

Deleted: STICK-BUILT HOME¶
A dwelling unit that is constructed on the site on which it will be
located.¶
STOOP¶
A raised platform in front of an entrance to a building with one (1)
or more steps.¶

1
2

A story under a gable, hip, or gambrel roof, the top wall plates of which on at least two (2) exterior
walls are not more than two (2) feet above the floor of such story.

3

STREAM

4
5
6
7
8

Means any natural, perennial flowing stream or river, its bed, and its immediate banks, except a
stream or river that has been designated by zone rule as not having significant aquatic and
riparian attributes in need of protection or preservation under MCA § 75-7-102, or a natural body
of running water flowing continuously or intermittently in a channel on or below the surface of
the ground.

9

STREAMSIDE SETBACK

10
11
12

A fifty (50) foot setback from any perennial flowing stream or river to the outer wall of any
structure. The established fifty (50) foot setback distance is measured from the ordinary high
water mark of the stream or river to the structure.

13

STREET

14
15

A public way which affords a principal means of access to abutting properties and which
possesses a right-of-way width of not less than forty (40) feet.

16

STRUCTURAL ALTERATION

17
18

Any change or addition to a structure that increases its external dimensions and/or increases its
potential flood hazard.

19

STRUCTURE

20
21
22
23

Any permanent or temporary object that is constructed, installed or placed by a person, the use
of which requires a location on a parcel of land. It includes buildings of all types, bridges, instream structures, storage tanks, fences, decks, swimming pools, towers, poles, pipelines,
transmission lines, smokestacks, signs and other objects.

24

SUBDIVISION fix definition

25
26
27
28
29
30

A division of land or land so divided that it creates one (1) or more parcels containing less than
one hundred and sixty (160) acres that cannot be described as a one-quarter (1/4) aliquot part
of a United States government section, exclusive of public roadways, in order that the title a
condominium. The term also means area, regardless of its size, that provides or will provide
multiple space for rent or lease on which recreational camping vehicles or mobile homes will be
placed. See MCA § 76-3-103(16).

31

SUBSTANTIAL IMPROVEMENT

32
33
34
35
36
37
38

Any repair, reconstruction, or improvement of a structure, the cost of which equals or exceeds
fifty (50) percent of the market value of the structure either: (a) before the improvement or
repair is started; or (b) if the structure has been damaged and is being restored, before the
damage occurred. For the purposes of this definition, substantial improvement is considered to
occur when the first construction to any wall, ceiling, floor, or other structural part of the building
commences. The term does not include: (a) any project for improvement of a structure to
comply with existing State or local health, sanitary or safety code specifications, which are solely
39

1
2

necessary to assure safe living conditions; or (b) any alteration of a structure listed on the
National Register of Historic Places or State Inventory of Historic Places.

3

SURVEYOR

4

See Registered Land Surveyor.

T

5
6

TAVERN follows state law

7
8
9

A place and/or building, or portion thereof, that is used or is intended for retail sales of alcoholic
beverages for on-site consumption and where food consumption, if any, is clearly secondary to
the sale of alcoholic beverages. The term includes bars and lounges.

10

TELECOMMUNICATIONS FACILITY

11
12
13
14

A facility that transmits and/or receives electromagnetic signals. It includes antennas, microwave
dishes, horns, and other types of equipment for the transmission or receipt of such signals,
telecommunications towers, or similar structures supporting said equipment, equipment
buildings, parking areas and other accessory development.

15

TELECOMMUNICATIONS TOWER

16
17
18
19

A mast, pole, monopole, guyed tower, lattice tower, free-standing tower, or other structure
designed and primarily used to support antennas; a ground or building mounted mast greater
than ten (10) feet tall and six (6) inches in diameter supporting one (1) or more antenna, dishes
arrays, etc., shall be considered a telecommunications tower.

20

follow health codesTOURIST HOME

21
22
23

A private home or condominium that is not occupied by an owner or manager and that is rented,
leased, or furnished in its entirety to transient guests on a daily or weekly basis. See MCA § 5051-102.

24

TRACT OF RECORD

25
26
27

An individual parcel of land, irrespective of ownership, that can be identified by legal description,
independent of any other parcel of land, using documents on file in the records of the County
Clerk and Recorder's Office. See MCA § 76-3-103(16)(a).

28

TRANSITIONAL SURFACES

29
30
31
32
33
34
35

These surfaces extend outward at ninety (90) degree angles to the runway centerline and the
runway centerline extended at a slope of seven (7) feet horizontally for each foot vertically from
the sides of the primary and approach surfaces to where they intersect the horizontal and conical
surfaces. Transitional surfaces for these portions of the precision approach surfaces, which
project through and beyond the limits of the conical surface, extend a distance of 5,000 feet
measured horizontally from the edge of the approach surface and at ninety (90) degree angles
to the extended runway centerline.

36

TRUCK TERMINAL
40

Deleted: The term does not include a casino.
Deleted: TAXI CAB DISPATCH TERMINAL¶
Place and/or building, or portion thereof, that is used or is
intended for dispatching taxi cabs and where taxi cabs are kept
while not in use.¶

Deleted: THEATER, MOTION PICTURE¶
A building, or part of a building, devoted to the showing of moving
pictures on a paid admission basis. ¶
TOURIST CABINS
Deleted: ¶
A group of buildings, including either separate cabins or a row of
cabins, which contain living and sleeping accommodations for
transient occupancy and have individual entrances.¶

Deleted: TREE¶
A self-supporting woody plant that characteristically grows to a
minimum height of fifteen (15) feet at maturity and has a trunk
which can be maintained over five (5) feet of clear wood.¶

1
2

A place and/or building, or portion thereof, that is used or is intended for storage of freight for
routing or reshipment.

3

U

4

UNCLASSIFIED USE PERMIT

5
6
7

A permit issued to an Applicant by the Cascade County Planning Department after approval from the
Zoning Board of Adjustment allowing a particular use, structure or activity not allowed as a matter of right
regardless of the underlying zoning zone.

8

UTILITY RUNWAY

9
10

A runway that is constructed for and intended to be used by propeller-driven aircraft of 12,500
pounds maximum gross weight and less.

11

V

12
13

VALUE-ADDED AGRICULTURAL COMMODITY PROCESSING FACILITY

14
15
16

Any facility in which one (1) or more agricultural commodities are physically processed in such a
way that results in a value-added agricultural product and is not otherwise defined in these
regulations.

17

VALUE-ADDED AGRICULTURAL PRODUCT

18
19
20
21
22
23
24
25

An agricultural commodity that has undergone any one (1) or more of the following processes:
(a) a change in the physical state or form of the commodity (such as milling wheat into flour,
curdling milk in the production of cheese, melting honeycombs to make beeswax); (b) a
production process of a manner that enhances its value, as demonstrated through a business
plan (such as organically produced products); and/or (c) the physical segregation of an
agricultural product in a manner that results in the enhancement of the value of that commodity
or product (such as an identity preserved marketing system utilized, for example, in non-GMO
products).

26

VARIANCE

27
28
29
30
31
32
33
34

A variance is a relaxation of the terms of these regulations where such variance will not be
contrary to the public interest and where, owing to conditions peculiar to the property and not
the result of the actions of the Applicant, a literal enforcement of the regulations would result in
unnecessary and undue hardship. As used in these regulations, a variance is authorized only for
height, area, and size of structure, size of setbacks and yards, signage, landscaping, or as
otherwise specifically provided for in these regulations. Establishment or expansion of a use
otherwise prohibited shall not be allowed by variance, nor shall a variance be granted because
of the presence of non-conformities in the zoning zone or adjoining zoning zones.

35

VEHICLE FUEL SALES

36

A place and/or building, or portion thereof, that is used or is intended for the retail sale of

Deleted: TURF OR TURFGRASS¶
Hybridized grasses that when regularly mowed characteristically
form a dense growth of leaf blades and roots.¶

Commented [MH25]: REVIEW PAST USE OF THIS AND
ESTABLISH UNDER WHAT CONDITIONS THIS IS TO BE
USED.
Deleted: UTILITY INSTALLATION¶
A place, building and/or structure, or portion thereof, whether
public or private, that is used or is intended for providing basic
infrastructure or utility services.¶
UTILITY INSTALLATION, MAJOR¶
Utility installation generally having moderate to high impact on
neighboring property. The term includes public and private
pipeline pumping stations, sewage treatment plants, electrical
substations, water towers, and the like.¶
UTILITY INSTALLATION, MINOR¶
Utility installation generally having low impact on neighboring
property. The term includes public and private water system
wells, sewer lift stations, irrigation ditches, and the like.¶

Deleted: yard
Deleted: open space

Deleted: VEGETATION, NATIVE¶
Plant life which is indigenous to a geographic region. ¶

41

1
2
3

gasoline, kerosene, diesel, or other petroleum-based motor fuels. The term includes the sale of
convenience foods and goods, provided it is ancillary to the sale of fuels, and light maintenance
activities, such as engine tune-ups, lubrication, minor repairs, and the like.

4

VEHICLE REPAIR

5
6
7
8

A place and/or building, or portion thereof, that is used or is intended for maintenance, service,
and repair of vehicles less than 26,000 GVW; typical services include transmission repair, body
work and painting, brake repair, vehicle upholstery, tire shop, engine repair and overhauls, and
similar activities.

9

VEHICLE SALES AND RENTAL

10
11
12
13

A place and/or building, or portion thereof, that is used or is intended for buying, selling,
exchanging, taking for consignment, renting, or leasing new or used vehicles, including cars, light
trucks, snowmobiles, motorcycles, all-terrain vehicles (ATVs), recreational vehicles, and personal
watercraft.

14

VEHICLE SERVICES

15
16
17

A place and/or building, or portion thereof, that is used or is intended for servicing vehicles where
they typically are not left overnight. Examples include quick lube/oil change, car washes, tire
stores, vehicle cleaning including cleaning, washing, polishing, waxing, or similar activities.

18

VETERINARY CLINIC

19
20
21
22

A place and/or building, or portion thereof, that is used or is intended for the medical care of
animals. A veterinary clinic may include office space, medical labs, appurtenant facilities, and
kennels and/or enclosures for animals under the immediate medical care of a veterinarian. The
term includes pet clinics, dog and cat hospitals, animal hospitals, and the like.

23

VICINITY MAP

24
25

A map that shows the location of a proposed project, relative to other parcels and roads in the
area.

26

VISUAL RUNWAY

27

A runway intended solely for the operation of aircraft using visual approach procedures.

W

28
29

WALL

30
31
32

An artificially constructed barrier of posts connected by boards, rails, or panels, erected for the
purpose of enclosing space to separate parcels of land, or to screen or enclose areas of land. This
term also includes a masonry wall.

33

WAREHOUSE

34
35
36

A place and/or building, or portion thereof, that is used or is intended for the storage of goods
and materials for wholesale sales, temporary storage, and distribution. The term includes moving
and storage facilities. The term does not include fuel tank farms.
42

Deleted: VETERINARY CLINIC, LARGE ANIMAL¶
A clinic that specializes in the care and treatment of large livestock
animals or wild animals and may also provide regular services for
small livestock animals.¶
VETERINARY CLINIC, SMALL ANIMAL¶
A clinic that specializes in the care and treatment of small
domesticated non-livestock animals including, but not limited to
dogs, cats, and birds. Small animal veterinary clinics may also
service small livestock animals and small wild animals on an
irregular basis.¶
Deleted: VINE¶
A woody plant whose stem requires support and climbs by
tendrils or twining or creeps along the ground.¶

1

WAY

2
3

A street or alley or other thoroughfare or easement permanently established for passage of
persons or vehicles.

4

WHOLESALE

5
6

An establishment primarily engaged in the sale of goods and merchandise for resale instead of
for direct consumption.

7

WILD GAME PROCESSING FACILITY

8
9
10

A building where any game animal, migratory game bird, or game fish, as defined by MCA § 876-101, are butchered and packaged as a commercial service for distribution to the legal hunter
and/or fisher responsible for the kill.

11

WIND ENERGY CONVERSION SYSTEM (WECS) COMMERCIAL

12
13
14
15
16

Any device or assemblage which directly converts wind energy into usable thermal mechanical,
or electrical energy for the primary purpose of resale or off-site use. The term includes such
devices as windmills and wind turbines, towers and supporting structures, and such directly
connected facilities as generators, alternators, inverters, batteries, and associated control
equipment.

17

WIND ENERGY CONVERSION SYSTEM (WECS) NON-COMMERCIAL

18
19

A wind driven machine that converts wind energy into electrical power for the primary purpose
of on-site use and is not for resale.

20

WIND TURBINE

21
22

An alternate energy device which converts wind energy by means of a rotor to mechanical or
electrical energy. A wind generator may also be deemed a windmill.

23

WORKFORCE HOUSING, PERMANENT (LABOR CAMP)

24
25
26
27
28
29
30
31

A place, area, or piece of land where housing is provided for two (2) or more employees or
prospective employees of another by any individual, firm, partnership, association, or
corporation, that, for a fee, employs persons to render personal services for, or under the
direction of a third person, or that recruits, solicits, supplies, or hires persons on behalf of an
employer, and that, for a fee, provides in connection therewith one or more of the following
services: (a) furnishes board, lodging, or transportation for such employees or prospective
employees; (b) supervises, times, checks, counts, weighs, or otherwise directs or measures the
work of such employees; (c) disburses wage payments to such employees.

32

WORKFORCE HOUSING, TEMPORARY (LABOR CAMP)

33
34

A facility as described under Permanent Workforce Housing except that it provides temporary or
seasonal housing for two (2) more employees.

35

WORSHIP FACILITY

36
37

A place and/or building, or portion thereof, that has tax-exempt status and that is used or is
intended as a place where people can regularly assemble for religious worship and associated
43

Deleted: WILD ANIMAL¶
Any species of animal that has not been domesticated for
livestock or companionship purposes and which is not otherwise
described elsewhere in the definitions of these regulations.¶

1
2
3
4
5

activities. The term includes sanctuaries, chapels, cathedrals, churches, synagogues, and temples
and other onsite accessory buildings such as parsonages, friaries, convents, fellowship halls,
Sunday schools, and rectories. The term does not include day care centers, community
recreation facilities, dormitories, private educational facilities, emergency shelters, health care
facilities, and the like.

6

Y

7

SETBACK

8
9

The area on the same lot with a building that is unoccupied and unobstructed from the ground
upward, except by trees or shrubbery or as otherwise provided herein.

10

SETBACK, FRONT

11
12
13
14

An open and unoccupied space on the same lot with the main building extending the full width
of the lot, situated between the street line and the front line of the building, and projected to the
side lines of the lot. The depth of the front setback shall be measured between the front line of
the building and the street property line.

15

SETBACK, REAR

16
17

A setback that extends across the rear of a lot between the side lot lines from the rear line of the
building, excluding the front steps, to the rear lot line.

18

SETBACK, SIDE

19
20

A setback that extends from the side line of the building, excluding steps, to the side lot line
between the front and rear setbacks.

21

YEAR

22

A calendar year.

Z

23
24

ZONING ADMINISTRATOR

25
26
27
28
29

The Zoning Administrator is appointed to be the Cascade County Planning Department through
the Cascade County Planning Director, and his/her authorized employees, officers, or agents,
which administers and enforces the provisions of these Regulations pursuant to MCA § 76-2-210.
This consists of, but it not limited to, issuing land use permits, enforcing violations, and reviewing
applications for variances, and text and map amendments to these Regulations.

30

ZONING OR ZONE

31
32

Land use designation defines the general character, erection, construction, reconstruction,
alteration, repair, location, and use of buildings or structures.

33

Deleted: yard

ZONING
44

Commented [MH26]: There are a lot of changes under
zoning. Editing this document due to the scattered way it is
written is difficult and confusing. This is true for attempting to
use it as well.
The current edits are focused on pulling together those uses
that are allowed in all or most zoning.
It clarifies Open Space and changes it to Public Lands and
Institutions. with a Multiple Use Overlay.
Additional overlays for Agriculture Industrial are also proposed
using the process for creating a PUD (in general) to create an
overlay area.

1

3 SECTION 3. ESTABLISHMENT OF ZONES

2
3
4
5
6

For the purpose as described in Section 1, the entirety of Cascade County exclusONINGive of the
incorporated Towns and Cities of Great Falls, Belt, Cascade, and Neihart, is hereby divided into
the following use zone

3.1 3.1 ZONES

SYMBOL

NAME

R

RESIDENTIAL

RR

Rural Residential -

SR

Suburban Residential

PAGE NUMBER

67

Commented [MH27]: THERE IS NO ZONE DESIGNATION
FOR AIRPORT INTERFACE ZONE BUT WE HAVE A
REGULATION FOR IT IN SECTION 15.1
Commented [MH28]: CORRECT PAGE NUMBERS AND
ZONES

Deleted: RR-5
Deleted: 5
Deleted: -1
Deleted: - 1
Deleted: 69

UR

Urban Residential

71

M

MIXED USE

MU

Mixed Use

73

MU-20

Mixed Use – 20

78

A

AGRICULTURE

AG

Agricultural Zone

Deleted: SR-2
Deleted: Suburban Residential - 2

84

AIO

AGO

MH

Mobile Home

90

PLI

Public Lands and Institutions

93

NSE

NATIONAL SECURITY EXEMPTION

OSO

OPEN SPACE OVERLAY

C

Commercial

94

I-1

Light Industrial

101

I-2

Heavy Industrial

103

PUD

Planned Unit Development

104

MOD

Military Overlay

159

FOD

Flood Road Overlay

Agriculture Industrial Overlay

163

45

Deleted: 69

1

4 SECTION 4. ZONING MAPS

2
3
4
5

These regulations shall apply to the entirety of Cascade County exclusive of the incorporated
towns and cities of Great Falls, Belt, Cascade, and Neihart. Where any tract of land within Cascade
County is not zoned and is found to fall within the Zoning Jurisdictional Area the use zone for that
tract shall be Mixed Use – 20 (MU-20).

6
7
8
9
10
11
12
13

The County is divided into a number of zones so that each tract of land is located in one zone. For
each of these zones, appropriate types of uses are identified along with development standards.
The zoning map depicts the location of the zone. The zoning map consists of two parts, physical
maps as referenced in 4.1 and 4.2 that are a representation of the Zone boundaries and the parcel
inventory map designating the zone or zoning for an individual parcel. An official copy of the
zoning map shall be on file in the County Clerk and Recorder’s Office and available for public
inspection upon request. The official zoning map shall bear the title “Cascade County Zoning
Map.”

14
15

The following Exhibits are by reference incorporated herein and made a part of the Zoning
Resolution.

16
17
18
19
20
21
22

4.1 4.1 EXHIBIT A - ZONING MAPS

23
24
25
26
27
28
29
30
31

4.2 4.2 EXHIBIT B – OTHER AREAS

A zoning map series of the cumulative zoning map titled "Cascade County Zoning Map.”
This map series consists of:
EXHIBIT A-1 “Cascade County Zoning Map” Full Extent
EXHIBIT A-2 “Cascade County Zoning Map” Enhanced Focus
EXHIBIT A-3 “Cascade County Zoning Map” Unincorporated Communities
EXHIBIT A-4 “Cascade County Zoning Map” Black Eagle

A map series that includes special geographies, consisting of the following:
EXHIBIT B-1 "Airport Influence Area" Great Falls International Airport
EXHIBIT B-2 "Imaginary Surfaces" Great Falls International Airport
EXHIBIT B-3 "Noise Zones"
NOTE: Copies of the hereinabove referenced Exhibits can be obtained from the Cascade County
Planning Department.

46

Commented [MH29]: All zoning maps and exhibits are
moved out of the document and into exhibits.

Commented [MH30]: UPDATE EXHIBIT NUMBERS

1

5 SECTION 5. INTERPRETATION OF ZONE BOUNDARIES

2
3
4

Where uncertainty exists with respect to the boundaries of the aforesaid zones as shown on the
Zoning Map, the following rules shall apply:

5
6
7
8

5.1.1 5.1.1. CENTERLINE FOLLOW BOUNDARIES
Where zone boundaries are indicated as approximately following the centerline
of streets or highways or highway right of way lines, such street or highway lines
or highway right of way lines shall be construed as such boundaries.

9
10
11

5.1.2 5.1.2. LOT LINE BOUNDARIES
Where zone boundaries indicate that they approximately follow the lot lines or
section lines of lots or sections, said lines shall be construed as such boundaries.

12
13
14
15
16

5.1.3 5.1.3 CENTERLINE PARALLEL BOUNDARIES
Where zone boundaries are so indicated that they approximately parallel the
centerline of street lines, of streets, or centerline of right of way lines of highways,
such zone boundaries shall be construed as being parallel thereto, and such
distance therefrom.

17
18
19
20

5.1.4 5.1.4 RIVER OR STREAM BOUNDARIES
Wherever the boundary follows the rivers or streams such boundaries shall be
deemed as to follow the furthest projection of land into the stream or river and
along the bank of said stream or river.

21
22
23

5.1.5

24

5.1 5.1 BOUNDARY UNCERTAINTY

5.1.5 PARCEL INVENTORY MAP
If a parcel on the physical map and the inventory differ the parcel inventory is the
official map designating that parcel.

6 APPLICATION OF REGULATIONS

25
26
27
28

6.1 6.1 CONFORMITY TO REGULATIONS

29
30
31

6.2 6.3 SETBACKS

32
33

6.3 6.4 SUBSEQUENT USE OF COMPUTATIONAL AREAS NOT ALLOWED

No building shall hereafter be used or occupied and no building or art thereof shall be erected,
moved, or altered; or no future uses of the land shall be made unless in conformity with the
regulations herein specified for the zone in which it is located.
Deleted: YARD
Deleted: yard

No part of a setback about any building required for the purpose of complying with these
regulations shall be included as a part of a setback required for another building.

Any land area used as the basis for meeting the requirements of these regulations in obtaining a
47

Deleted: or other open space
Commented [MH31]: YARDS were all changed to setback
throughout the document to make the regulation less
confusion to administer.
Deleted: yard
Deleted: or other open space similarly

1
2
3

location/conformance permit may not also be used as the basis for meeting the requirements for
a subsequent location/conformance permit.

4

7 ZONE REGULATIONS

5

7.1

RESIDENTIAL ZONE GENERAL REQUIREMENTS

6
7
8
9
10
11
12
13
14
15
16
17
18

7.1.1 AREA REQUIREMENTS
A. 7.1.1.1 Minimum lot size in residential zones is preempted by
Montana Code Annotated.

19
20
21

7.1.2 HEIGHT LIMITS
No restrictions, except as regulated in the Great Falls International Airport Zones
and Military Overlay Zone.

22
23
24
25
26
27
28
29
30
31
32
33

7.1.3 SETBACKS
D. Side Setback
The side setback width shall not be less than six (6) feet.
E. Front Setback
The front setback shall not have a depth of less than thirty (30) feet except
in the UR Zone which shall not be less than twenty (20) feet.
F. Rear Setback
The rear setback depth shall not be less than ten (10) feet.
G. Side Street and Corner Setback Transitions
See Section 8.3.4.
H. 7.1.3.5 Streamside Setback
The streamside setback shall be no less than fifty (50) feet.

B. 7.1.1.2 Previously Described Lots
The Zoning Administrator may permit construction on existing lots
described of record prior to the adoption of Zoning and not conforming to
the above areas provided the limitations imposed by other provisions of
these regulations are met. (See Sections 8.1.6; 11.8.)
C. 7.1.1.4 Utility Area Requirements
In those cases where lots will be served by individual sewer and/or water
systems, State Department of Environmental Quality, or City-County
Health Department area requirements must be met.

48

Commented [MH32]: Add a chart here that is a cross table
of each zone, their uses by right, uses by permit use
prohibited.
Commented [MH33]: Under Section 7 Zoning Regulations
the minimum lots size eliminated the logic for many of our
separate designations. Mu vs Mu-20, SR1 or SR2.
Since minimum lot sized are no longer allowed the only way to
separate and distinguish the character of each zone would be
to use broader requirements and restrictions such as
landscaping requirements and construction requirements.
That maybe a future amendment but for the time being setting
the statutory minimums is the approach we have to take.
Commented [MH34]: See the spreadsheet about the broad
general classifications and how they align with the current
regulatory definitions.
Deleted: Minimum Lot Areas
Deleted: Minimum lot areas are provided in the table
below:
Commented [MH35]: NUMBERING FORMAT WRONG.
CLARIFYING PREEXISTING LOTS DATE IS 2004 BEFORE
ZONING, NOT RESOLUTION. EACH AMENDMENT IS A
RESOLUTION.
Deleted: this
Deleted: Resolution
Deleted: <#>7.1.1.3 Lot Width and Minimum Lot
Area for Building Site¶
No lot upon which a main building is to be located shall
have an average width of less than fifty (50) feet or an area
of less than 6,400 square feet.¶
Deleted: may supersede the above minimum lot area
requirements.…
Deleted: YARD
Deleted: Yard
Deleted: yard
Deleted: Yard
Deleted: yard
Deleted: Yard
Deleted: yard
Deleted: Yard

1
2
3

7.1.4 LOT COVERAGE
The percentage of lot area covered by the combined ground floor area (footprint)
of all buildings shall be within the limits provided in the table below:
Zone

Interior Lot

Corner Lot

RR-5

35%

40%

SR-1

35%

40%

SR-2

35%

40%

UR

50%

60%

4
5
6
7

7.1.5 7.1.5 REQUIRED COURT DIMENSIONS
All multi-family dwellings shall have the following court dimensions: the width of
any outer court upon which windows from a living room, bedroom, or dining room
open, shall not be less than the height of any opposing wall forming said court.

8

7.1.6 7.1.6 OFF STREET PARKING AS REQUIRED IN SECTION 8.4

9
10
11
12
13

7.1.7 7.1.7 REQUIRED STREAMSIDE SETBACK
Any portion of any structure must be set back a minimum of fifty (50) feet from
any perennial-flowing stream or river. The established fifty (50) foot setback
distance is measured from the ordinary high water mark of the stream or river to
the structure.

14

7.2 7.2 RURAL RESIDENTIAL (RR) ZONE

15
16
17
18
19

7.2.1 7.2.1 INTENT
The RR-5 Zone is intended to provide for suburban residential development that
allows for residential services and limited agricultural uses. This zone serves as a
buffer between the residential uses of the SR-1 and SR-2 Zones and the mixed uses
of the MU-20 and A Zones.

20
21

7.2.2 7.2.2 PERMITTED PRINCIPAL USES
(1)

22

(2)

Agricultural Activities

23

(3)

Bed and Breakfast.

24

(4)

Community Residential Facility with eight occupants or fewer.

25

(5)

Day Care Center.

26

(6)

Family Day Care Home.

27

(7)

Group Day Care Home.

28

(8)

.
49

Deleted: -5

Deleted: Uses
Deleted: of Land and Usual Agricultural Buildings and
Structures.
Deleted: <#>Community Cultural Facility (Public and NonProfit Exhibits, Libraries, Museums, and Art Galleries or
Other Similar Institutions).¶
Community Garden.¶
Deleted: <#>Educational Facility.¶
Deleted: <#>Limited Agricultural uses.¶
The keeping of livestock animals, except bison, by a
resident of the parcel requires that the parcel must be a
minimum of one (1) acre in area.¶
Large livestock animals, except bison, are allowed on a
permanent basis at a ratio of two (2) animals per acre.
Small livestock animals are allowed on a permanent basis
at a ratio of four (4) per acre.¶
Any stable, barn, shed, coop or other such structure to
house livestock animals shall be a distance of at least
twenty-five (25) feet from the property line of an adjacent
owner and at least fifty (50) feet from any dwelling unit
other than that of owner.¶
Nursing Home

1

(9)

One Single-Family Dwelling per tract of land.

2

(10)

On-Site Construction Office.

3
4
5
6

(11) Excavation of Sand and Gravel with the issuance of a Location
Conformance Permit mitigating the potential adverse impacts of the mining
operations. Conditions may include
(12)

7
8
9
10
11
12

7.2.3 7.2.3 PERMITTED ACCESSORY USES LOCATED ON THE SAME LOT WITH
THE PRINCIPAL USE
(1)
Accessory Building/Structure (i.e. carport, bathhouse, greenhouse,
gardening shed, recreation room and similar structure) which is
customarily used in conjunction with and incidental to a permitted
principal use or structure.

13
14

(2)

Customary Home Occupation (see definition of Home Occupation and
Section 8.16).

15

(3)

Private Garage (accessory use only).

16
17
18
19
20

(5)

Tower and Studio Facilities related to radio, television broadcasting
stations, telecommunications, amateur radio station and/or antenna
meteorological towers, residential wind turbines not to exceed 50 kW,
Amateur Radio operations, subject to the requirements in Section 8.8 of
these regulations.

21
22

(1) Accessory Dwelling Unit.

23
24

Deleted: <#>Park, where off-street parking is provided
for the users of such facilities.¶
Public Building.¶
Public Institution.¶
Public Safety Facility.¶
Retirement Home.¶
Worship Facility, where off-street parking is provided as set
forth in Section 8.4.(2)
Deleted: <#>.

Commented [MH36]: SET SQFT THRESHOLD?

Deleted: (4) Professional Office in a Residence.¶

Commented [MH37]: SPELL OUT DEFINITION IN
DEFINITIONS AND LIST USE ONLY AS UTILITY TOWER.
Commented [MH38]: Consistent in all residential

7.2.4 7.2.4 USES PERMITTED UPON ISSUANCE OF A SPECIAL USE PERMIT
(1)
Community Residential Facility with nine occupants or more.

Deleted: ¶

25
26

(3)

Recreation Building or Area operated by membership clubs for the benefit
of members and not for gain.

Deleted: (2) Excavation of Sand and Gravel.¶

27

(6)

Tourist Home.

28

(7)

29
30

(2)

Community Cultural Facility (Public and Non-Profit Exhibits, Libraries,
Museums, and Art Galleries or Other Similar Institutions).

31

(3)

Community Garden.

Deleted: (4) Second Dwelling, including accessory
dwelling units (examples: 1 single family home with garage
apartment; or 1 duplex for two families; or two single
family homes).¶
(5) Structures meeting the definition of accessory
building/structure but without a principal use – residential
use only; no commercial use allowed, (not accessory,
stand-alone structure).¶

32

(4)

Educational Facility.

33

(5)

Nursing Home

34

(6)

Retirement Home.

35

(7)

Worship Facility, where off-street parking is provided as set forth in Section

Deleted: Utility Installation, Minor.

50

1

Commented [MH39]: Under Residential all rather than have
multiple different definitions of facilities but not based them on
their impact is an ongoing problem.

8.4.

2
3
4

7.2.5 7.2.5 GENERAL REQUIREMENTS AS PER SECTION 7.1.

7.3 7.3 SUBURBAN RESIDENTIAL ZONES

5
6
7
8

7.3.1 7.3.1 INTENT
The SR Zones are intended to provide for low-density suburban residential
development in close proximity to the City of Great Falls that allows for limited
agricultural uses as well as residential services.

9
10

7.3.2 7.3.2 PERMITTED PRINCIPAL USES
(1)

11

(2)

Community Residential Facility with eight (8) occupants or fewer.

12

(3)

Day Care Center, Family Day Care Home, Group Day Care Home.

13

(4)

Educational Facility.

14

(5)

Limited Agricultural Uses.

15
16
17

a.

The keeping of livestock animals, except bison, by a resident of the
parcel requires that the parcel must be a minimum of one (1) acre
in area.

18
19
20

b.

Large livestock animals, except bison, are allowed on a permanent
basis at a ratio of two (2) animals per acre. Small livestock animals
are allowed on a permanent basis at a ratio of four (4) per acre.

21
22
23
24

c.

Any stable, barn, shed, coop or other such structure to house
livestock animals shall be a distance of at least twenty-five (25) feet
from the property line of an adjoining owner and at least fifty (50)
feet from any dwelling unit other than that of owner.

25

(6)

One Single-Family Dwelling per tract of land.

26

(7)

On-Site Construction Office.

27

(8)

Park, where off-street parking is provided for the users of such facilities.

28

(9)

Retirement Home.

29
30
31
32
33
34

7.3.3 7.3.3 PERMITTED ACCESSORY USES LOCATED ON THE SAME LOT WITH THE
PERMITTED PRINCIPAL USE
(1)
Accessory Building / Structure (i.e. carport, bathhouse, greenhouse,
gardening shed, recreation room and similar structure) which is
customarily used in conjunction with and incidental to a permitted
principal use or structure.
51

The new concept is to make residential uses that are primary
clear between multiple zones. Other uses that do not have
minimums set by MCA are moved to Special Use Permits and
base the general use type on adopted measurable standards.
Deleted: 1 & 2 (SR-1 and SR-2)
Deleted: -1 and SR-2

Deleted: <#>Community Garden.¶

Formatted: Not Highlight

Deleted: adjacent

Deleted: <#>Nursing Home.¶

Deleted: <#>Public Building.¶
Public Institution.¶
Public Safety Facility.¶
Deleted: <#>Worship Facility where off-street parking is
provided as set forth in Section 8.4.¶

1

(2) Limited Agricultural Uses.

2
3

a. The keeping of livestock animals, except bison, by a resident of the parcel requires
that the parcel must be a minimum of one (1) acre in area.

4
5
6

b. Large livestock animals, except bison, are allowed on a permanent basis at a ratio
of two (2) animals per acre. Small livestock animals are allowed on a permanent
basis at a ratio of four (4) per acre.

7
8
9
10

c. Any stable, barn, shed, coop or other such structure to house livestock animals
shall be a distance of at least twenty-five (25) feet from the property line of an
adjoining owner and at least fifty (50) feet from any dwelling unit other than that
of owner.

11
12

(3)

20 acre or larger agriculture. Qualifies as a minor exemption to address lot
size vs ownership explained through instructions.

13
14

(4)

Customary Home Occupation (see definition of Home Occupation and
Section 8.16).

15

(5)

Private Garage (accessory use only).

16

(6)

Professional Office in a Residence.

17
18
19
20
21

(7)

Tower and Studio Facilities related to radio, television broadcasting
stations, telecommunications, amateur radio station and/or antenna
meteorological towers, residential wind turbines not to exceed 50 kW,
Amateur Radio operations, subject to the requirements in Section 8.8 of
these regulations.

22
23

7.3.4 7.3.4 USES PERMITTED UPON ISSUANCE OF A SPECIAL USE PERMIT
(1)
Bed and Breakfast.

24
25

7.3.5 USES PERMITTED UPON ISSUANCE OF A SPECIAL USE PERMIT
(1)
Community Residential Facility with nine occupants or more.

26
27

(3)

Recreation Building or Area operated by membership clubs for the benefit
of members and not for gain.

28

(6)

Tourist Home.

29

(7)

30
31
32

(8) Community Cultural Facility (Public and Non-Profit Exhibits, Libraries,
Museums, and Art Galleries or Other Similar Institutions).
(9)
Community Garden.

33

(10)

Educational Facility.

34

(11)

Nursing Home

35

(12)

Retirement Home.
52

Deleted: <#>Use permitted upon issuance of a special
permit as set forth under RR-5 Zone regulations may be
used in the SR-1 and SR-2 Zones.¶

1
2
3
4
5

(13)

Worship Facility, where off-street parking is provided as set forth in Section
8.4.

7.3.6 7.3.5 GENERAL REQUIREMENTS AS PER SECTION 7.1. ADD THE USE CHART FOR
ALL ZONING.

53

Deleted: <#>¶

1

7.4 7.4 URBAN RESIDENTIAL (UR) ZONE

2
3
4
5

7.4.1 7.4.1 INTENT
The UR Zone is intended to provide for higher-density residential development on
the outskirts of the City of Great Falls while allowing for limited agricultural uses
and residential services.

6
7

7.4.2 7.4.2 PERMITTED PRINCIPAL USES
(1)
Accessory Dwelling Unit.

8
9

(2)

Agricultural Uses of Land and Usual Agricultural Buildings and Structures if
tract is 20 acres or more.

10

(3)

A Single-Family Dwelling.

11

(4)

Community Garden.

12

(5)

Community Residential Facility with eight occupants or fewer.

13

(6)

Day Care Center.

14

(7)

Family Day Care Home.

15

(8)

Group Day Care Home.

16

(9)

Limited Agricultural Uses.

Deleted: <#>Educational Facility. ¶

17
18
19

a.

The keeping of livestock animals, except bison, by a resident of the
parcel requires that the parcel must be a minimum of one (1) acre
in area.

20
21
22

b.

Large livestock animals, except bison, are allowed on a permanent
basis at a ratio of two (2) animals per acre. Small livestock animals
are allowed on a permanent basis at a ratio of four (4) per acre.

23
24
25
26

c.

Any stable, barn, shed, coop or other such structure to house
livestock animals shall be a distance of at least twenty-five (25) feet
from the property line of an adjoining owner and at least fifty (50)
feet from any dwelling other than that of owner.

27

(10)

Mobile Home Park.

28

(11)

Multi-Family Dwellings.

29

(12)

On-Site Construction Office.

30

(13)

Park, where off-street parking is provided for the users of such facilities.

31
32
33
34

7.4.3 7.4.3 PERMITTED ACCESSORY USES LOCATED ON THE SAME LOT WITH
THE PERMITTED PRINCIPAL USE
(1)
Accessory Building / Structure (i.e. carport, bathhouse, greenhouse,
gardening shed, recreation room and similar structure) which is
54

Formatted: Highlight

Deleted: adjacent

Deleted: <#>Public Building.¶
Public Institution.¶
Public Safety Facility.¶
Retirement Home, Nursing Home.¶
Worship Facility where off-street parking is provided as set
forth in Section 8.4.¶

1
2

customarily used in conjunction with and incidental to a permitted
principal use or structure.

3
4

(2)

Customary Home Occupation (see definition of Home Occupation and
Section 8.16).

5

(3)

Private Garage (accessory use only).

6

(4)

Professional Office in a Residence.

7
8
9
10
11

(5)

Tower and Studio Facilities related to radio, television broadcasting
stations, telecommunications, amateur radio station and/or antenna
meteorological towers, residential wind turbines not to exceed 50 kW,
Amateur Radio operations, subject to the requirements in Section 8.8 of
these regulations.

12
13
14

7.4.4 7.4.4 USES PERMITTED UPON ISSUANCE OF A SPECIAL USE PERMIT
7.4.5 USES PERMITTED UPON ISSUANCE OF A SPECIAL USE PERMIT
(1)
Community Residential Facility with nine occupants or more.

15
16

(3)

Recreation Building or Area operated by membership clubs for the benefit
of members and not for gain.

17

(6)

Tourist Home.

18

(7)

19
20
21

(14) Community Cultural Facility (Public and Non-Profit Exhibits, Libraries,
Museums, and Art Galleries or Other Similar Institutions).
(15) Community Garden.

22

(16)

Educational Facility.

23

(17)

Nursing Home

24

(18)

Retirement Home.

25
26

(19)

Worship Facility, where off-street parking is provided as set forth in Section
8.4.

27
28
29
30
31
32
33

7.4.6 7.4.5 GENERAL REQUIREMENTS AS PER SECTION 7.1.

7.5 7.5 MIXED USE (MU) ZONE
7.5.1 7.5.1 INTENT
The MU Zone is intended to provide for higher-density residential development
with residential services and limited commercial uses operating at a small scale.
This zone allows small towns throughout the county to maintain local services and
expand residential development.
55

Deleted: <#>Use permitted upon issuance of a special
use permit as set forth under RR-5 Zone regulations, SR-1
and SR-2 Zones regulations may be used in UR Zone. ¶
Bed and Breakfast.¶
Community Residential Facility.¶

1
2

7.5.2 7.5.2 MINIMUM LOT AREA
A minimum lot area of 6,400 square feet is required.

3
4

7.5.3 7.5.3 BUILDING HEIGHT
No restrictions, except as regulated in the Military Overlay Zone.

5

7.5.4 7.5.4 SETBACKSETBACKS REQUIRED

Deleted: YARD

6
7

7.5.5
7.5.6

Deleted: Yard

8
9
10

7.5.7
7.5.8

11
12

7.5.9
7.5.10

7.5.4.3 Rear SetbackSetback
The rear setbacksetback depth shall not be less than ten (10) feet.

13
14
15

7.5.11

7.5.4.4 Exclusion
SetbackSetback requirement provisions shall not apply to ground level
installation of exterior spot lighting allowed as an accessory use.

16
17
18

7.5.12 7.5.5 SIGNS
Signs shall be subject to the regulations contained in Section 8.1. No signage
advertising off-premise businesses allowed.

19
20

7.5.13 7.5.6 OFF-STREET PARKING
Off-street Parking shall be provided in accordance with Section 8.4.

21
22
23
24
25
26
27

7.5.14 7.5.8 SITE PLAN

28
29

7.5.15 7.5.9 PERMITTED PRINCIPAL USES

7.5.4.1 Side SetbackSetback
The side setbacksetback width shall not be less than six (6) feet.
7.5.4.2 Front SetbackSetback
The front setbacksetback shall not have a depth of less than
fifteen (15) feet.

Site Plan review and approval shall be in accordance with Section 8.5. In each case
where a commercial building or use is proposed, the Zoning Administrator shall
review the Site Plan of the proposal in accordance with Section 8.5 and shall
approve, approve with modifications, or disapprove such site plan. In modifying
or disapproving such site plan, the Zoning Administrator shall enter the reasons
for such action in the Zoning Administrator's records.

(a) Accessory Dwelling Unit.

30

(1)

31

(2)

All Permitted Principal Uses allowed in RR-5, SR-1, and SR-2 Zones.

32

(3)

Any Retail or Wholesale Trade (excluding Large Equipment Trade)
56

Deleted: yard
Deleted: Yard
Deleted: yard

Deleted: Yard
Deleted: yard

Deleted: Yard

Deleted: <#>7.5.7 LANDSCAPING ¶
Landscaping requirements shall be in accordance with Section
8.18.¶

1

including, but not limited to:

2

a.

Administrative Services.

3

b.

Agricultural Commodity Storage Facility.

4

c.

Agricultural Sales (Small Equipment/Machinery).

5

d.

Alcohol Distillery.

6

e.

Auction Sales.

7
8

f.

Automotive, Mobile Home, Marine, Recreational Vehicle and
Accessories Sale and Service.

9
10

g.

Building Materials, Hardware and Farm Equipment Sales and
Service.

11

h.

Butcher Shop.

12

i.

Construction Material Sales.

13

j.

Contractor Setback, Small (see Section 8.15.1).

14

k.

Convenience Sales.

15

l.

Financial Services.

16

m.

Funeral Home.

17

n.

General Repair.

18

o.

General Sales.

19

p.

General Services.

20

q.

Health Care Center.

21

r.

Health Care Facility.

22

s.

Hotel and Motel.

23

t.

Instructional Facility.

24

u.

Micro-Brewery.

25

v.

Off-Site Liquor Sales.

26

w.

Professional Services.

27

x.

Recreational Vehicle Park.

28

y.

Restaurant.

29

z.

Retail.

30

aa.

Secondhand Sales.

31

bb.

Shopping Center.

32

cc.

Small Equipment Rental/Sales/Repair.

33

dd.

Specialty Sales.
57

Deleted: Yard

1

ee.

Tavern.

2

ff.

Vehicle Fuel Sales.

3

gg.

Vehicle Sales and Rental.

4

hh.

Vehicle Services.

5

ii.

Veterinary Clinic – Small Animal.

jj.

Wholesale Trade.

6
7

(4)

Gravel Pit (Open Cut Mining Operation).

8

(5)

Mobile Home Park/Mobile Home Court.

9

(6)

On-Site Construction Office.

10
11

(7)

Storage Facility, Self-Service where indoor storage space is provided for
rent or lease and subject to the following conditions:

12
13
14

a.

Principal use of a rented or leased space shall be restricted to
storage and shall not include processing, refining, transfer or
distribution of any commercial material or product;

15
16

b.

Storage of flammable or explosive liquids, solids, or gases shall not
be permitted;

17
18
19
20
21
22

c.

All material must be stored inside units. Storage of licensed,
operable vehicles including, but not limited to, recreational
vehicles, cars, trucks, vans, trailers, boats, motorcycles, and all
terrain vehicles, may be outside provided that proper screening,
approved by the Zoning Administrator, as to shield these units will
occur.

23
24
25
26
27
28

(8)

Wild Game Processing Facility.

7.5.16 7.5.10 PERMITTED ACCESSORY USES LOCATED ON THE SAME LOT WITH
THE PERMITTED PRINCIPAL USE
(1)
Amateur Radio Station and/or Antenna, Meteorological Towers,
Residential Wind Turbine not to exceed 50 kW may be used in the MU Zone
subject to the requirements of Section 8.8 of these regulations.

29
30

(2)

Any Customary Use Incidental to the Permitted Use, but not including any
Permanent Outdoor Storage.

31
32
33
34

(3)

Concession Stand, where a legally permitted principal land use of any of
the following exists: Outdoor Sports and Recreation/Outdoor
Entertainment, Indoor Sports and Recreation/Indoor Entertainment, Event
Center.

35

(4)

Exterior Spot Lighting directed onto the premises providing illumination of
58

Deleted: <#>Landscaping requirements shall be in
accordance with Section 8.18; and¶

1
2
3

buildings or grounds, provided such sources be shaded from motorists on
public roadways and be located so that the beams are not directed toward
any lot in a residential zone, public highway, or the sky.

4

(5)

Home Occupations.

5

(6)

Professional Office in a Residence.

6
7
8

(7)

Signs as covered in Section 8.1, pertaining to the permitted use and on the
same lot therewith. No signage advertising off-premise businesses
allowed.

9
10

7.5.17 7.5.11 USES PERMITTED UPON ISSUANCE OF A SPECIAL USE PERMIT
(1)
Administrative Government Center.

11

(2)

Animal Shelter.

12

(3)

Artisan Shop.

13

(4)

Bus Transit Terminal.

14
15
16
17

(5)

Casino, provided it is not within 600 feet (measured in a straight line,
without regard to intervening structures or streets, from the outer wall of
the casino, to the outer wall of the preceding use) of an education facility
(K-12), day care facility, or worship facility.

18

(6)

Commercial Kennel.

19

(7)

Composting Facility.

20

(8)

Contractor Setback, Large (see Section 8.15.2).

21

(9)

Event Center.

22

(10)

Federal Firearm Retailers, Dealers, Repairers.

23

(11)

Garage, Public.

24

(12)

Garage, Private.

25

(13)

Indoor Entertainment.

26

(14)

Indoor Sports and Recreation.

27

(15)

Large Equipment Rental/Sales/Repair.

28

(16)

Manufactured Housing Sales.

29

(17)

Manufacturing & Assembly.

30

(18)

Membership Club.

31

(19)

Multi-family Dwelling.

32

(20)

Outdoor Entertainment.

33

(21)

Outdoor Sports and Recreation.
59

Deleted: Yard

1

(22)

Parking Garage.

2

(23)

Parking Lot.

3

(24)

Parking Structure.

4

(25)

Recycling Center.

5

(26)

Solid Waste Transfer Station.

6

(27)

Taxi Cab Dispatch Terminal.

7

(28)

Telecommunications Facility.

8

(29)

Tourist Home.

9

(30)

Utility Installation, Minor.

10

(31)

Vehicle Repair.

11

(32)

Veterinary Clinic, Large Animal.

12

(33)

Warehouse.

13

7.6 7.6 MIXED USE - 20 (MU-20) ZONE

14
15
16
17
18

7.6.1 7.6.1 INTENT
The MU-20 Zone is intended to provide for exurban residential development and
mixed uses along major transportation and amenity corridors. The Zone serves as
a buffer zone between denser MU development and less dense, more intensive
use in the A Zone.

19
20

7.6.2 7.6.4 HEIGHT LIMITS
No restrictions, except as regulated in the Military Overlay Zone.

21

7.6.3

SETBACKsetbacksetbacksetback

22
23
24

7.6.3

7.6.7 SIGNS
Signs shall be subject to the regulations contained in Section 8.1.1, pertaining to
the permitted use, and on the same lot. No off-premise signage allowed.

25
26

7.6.4 7.6.8 OFF-STREET PARKING
Off-street parking shall be provided in accordance with Section 8.4.

27
28

7.6.5 7.6.9 PERMITTED PRINCIPAL USES
(1) Accessory Dwelling Unit.

29

(2)

30

(3)

Agricultural Uses of Land; Usual Agricultural Buildings and Structures.

31

(4)

Animal Therapeutic Facility.

32

(5)

Bed and Breakfast.
60

Deleted: <#>7.6.2 MINIMUM LOT AREA¶
The minimum lot or tract area in a MU-20 Zone shall be
twenty (20) acres except for lots created by any of the
following processes as allowed under the Montana Code
Annotated:¶
Order of any court of record in this state or by operation of
law or that, in the absence of agreement between the parties
to the sale, could be created by an order of any court in this
state pursuant to the law of eminent domain;¶
To provide security for mortgages, liens, or trust indentures
for the purpose of construction, improvements to the land
being divided, or for refinancing purposes;¶
Creates cemetery lots;¶
Is created for rights-of-way or utility sites; or¶
For gift or sale to a member of the immediate family.¶
7.6.3 MINIMUM LOT WIDTH¶
The minimum lot or tract width in the MU-20 Zone shall be
two-hundred (200) feet.¶
Deleted: 7.6.5 REQUIRED YARD
Deleted: S ¶
The minimum side yard…
Deleted: , front yard
Deleted: , rear yard

1
2
3
4

(6)

Commercial Building for Raising, Breeding and Boarding Small Domestic,
Non-Livestock, Animals provided that such building, including dog runs,
shall be at least one hundred (100) feet from all property lines and shall
comply with the standards listed in Section 8.7.

5

(7)

Commercial Dairy if on a parcel twenty (20) acres or greater.

6

(8)

Community Center.
Community Garden.

7

(9)

8

(10)

9

(11)

Federal Firearm Retailers, Dealers, Repairers.
Golf Driving Range if located on a tract of five (5) acres or greater.

10

(12)

On-Site Construction Office.

11

(13)

Park.

12

(14)

Public Building.

13
14

(15)

Public or Private Forest or Wildlife Preserve and Similar Conservation
Areas.

15

(16)

Public Safety Facility.

16
17
18
19
20

(17)

Riding and Roping Arena, excluding commercial rodeo grounds,
commercial stables, animal therapeutic facilities, providing such use shall
be at least two hundred (200) feet from any lot in any other Zone.
Participants must number less than twenty-five (25) total for all events or
a special use permit is required.

21

(18)

Single-Family Dwelling.

22

(19)

Tourist Home.

23
24
25
26
27

(20)

Tower and Studio Facilities related to radio, television broadcasting
stations, telecommunications, amateur radio station and/or antenna
meteorological towers, residential wind turbines not to exceed 50 kW,
Amateur Radio operations, subject to the requirements in Section 8.8 of
these regulations.

28
29

(21)

Two-Family Dwelling (Duplex) or Second Single-Family Dwelling on a parcel
twenty (20) acres or greater.

30
31
32
33
34
35

7.6.6 7.6.10 PERMITTED ACCESSORY USES LOCATED ON THE SAME LOT WITH
THE PERMITTED PRINCIPAL USE
(1)
Accessory Buildings and Uses Customarily Incidental to any of the above
MU-20 Zone Uses.
(2)

Concession Stand, where a legally permitted principal land use of any of
the following exists: Motorized Sports Entertainment, Outdoor Sports and
61

Deleted: Parcel must be 20 acres or greater.

1
2

Recreation / Outdoor Entertainment, Indoor Sports and Recreation /
Indoor Entertainment, Event Center.

3
4
5
6
7
8
9
10

(3)

On tracts of land 160 acres or larger, a Dwelling or Dwellings of Owner or
Lessee of the Land. These may be occupied by employees of the owner or
lessee of the land. They may be occupied by any person or persons the
owner or lessee of the land desires so long as the Dwelling or Dwellings are
not rented, leased, or used for any commercial or industrial uses.
(Acceptable uses include a ranch manager house on the ranch owner’s
property, a Hutterite colony, a farmer who allows their relatives to live in
a house that they own on their property, etc.).

11

(4)

Private Power Plant (up to 50kW).

12
13

(5)

Roadside Stands offering for sale only local agricultural products or other
products produced on the premises.

14

(6)

Gravel Pit (Open Cut Mining Operation).

15

(7)

16
17
18

7.6.7 7.6.11 USES PERMITTED UPON ISSUANCE OF A SPECIAL USE PERMIT
(1)
Agricultural Commodity Storage Facility.

19

(2)

Agricultural Sales.

20

(3)

Alcohol Distillery.

21

(4)

Artisan Shop.

22

(5)

Auction Sales.

23
24

(6)

Bus Transit Terminal, Freight Terminal, and Railroad Setbacks, provided
parcel size is twenty (20) acres or greater.

25

(7)

Campground, Recreational Vehicle Park.

26
27
28
29
30

(8)

Cemetery, including Mausoleum and Crematorium provided that any
Mausoleum or Crematorium shall be a distance of at least two hundred
(200) feet from any adjoining property or street and highway lines and
provided, further, that any new Cemetery shall contain an area of twenty
(20) acres or more.

Deleted: adjacent

31

(9)

Contractor Setback, Small (see Section 8.15.1).

Deleted: Yard

32

(10)

Convenience Sales.

33
34

(11)

Day Care Center, Group Day Care Home, Family Day Care Home,
Community Residential Facility.
62

Deleted: Yard

1

(12)

Educational Facility.

2

(13)

Event Center.

3

(14)

Federal Ammunition Manufacturer.

4

(15)

General Sales.

5
6
7
8
9

(16)

Golf Course or Country Club, including directly associated incidental and
accessory facilities including a pro shop, lounge and restaurant catering
only to users of the golf course; but not including commercially operated
pitch and putt course or miniature golf course. Also includes swimming
pool, soccer, baseball, softball fields and the like.

10

(17)

Guest Ranch, provided parcel size is twenty (20) acres or greater.

11
12

(18)

Hospital, Health Care Centers and Facilities, provide parcel size is twenty
(20) acres or greater.

13

(19)

Indoor Entertainment.

14

(20)

Indoor Sports and Recreation.

15

(21)

Manufactured Housing Sales.

16

(22)

Membership Club.

17

(23)

Micro-Brewery.

18

(24)

Mobile Home Park/Mobile Home Court.

19
20

(25)

Motorized Sports Entertainment provided that no residences are located
within one (1) mile of the proposed use, at the time of application.

21

(26)

Nursing Home, Retirement Home.

22

(27)

Outdoor Entertainment.

23

(28)

Outdoor Sports and Recreation.

24

(29)

Outfitter/Guide Facility.

25

(30)

Parking Structure/Garage.

26

(31)

Permanent Workforce Housing.

27
28

(32)

Power Plant, Commercial Wind Farms/ (not to exceed one (1) megawatt
subject to the requirements of Section 8.10 of these regulations.

29

(33)

Private Power Plant (greater than 50kW).

30
31

(34)

Public or Privately-Owned Airport, Landing Area, or Helipad. Site must be
a minimum of 20 acres and 1000 feet from schools.

32
33
34

(35)

Quarry (including cutting, breaking, shaping, and finishing of quarried
rock), Sand and Gravel Pit, Top Soil Stripping, providing that any building
housing power or power producing machines shall be a distance of at least
63

1
2
3

two hundred (200) feet from all adjoining property or street and highway
lines. Operational hours shall be limited from 7:00 a.m. until 7:00 p.m.
(36)

Deleted: adjacent

Restaurant.

4

(37)

Retail Sales.

5

(38)

Shopping Center.

6
7

(39)

Storage Facility, Self-Service where indoor storage space is provided for
rent or lease and subject to the following conditions:

8
9
10

a. Principal use of a rented or leased space shall be restricted to storage
and shall not include processing, refining, transfer or distribution of
any commercial material or product;

11
12

b. Storage of flammable or explosive liquids, solids, or gases shall not be
permitted;

13
14
15
16
17

c. All material must be stored inside units. Storage of licensed, operable
vehicles including, but not limited to, recreational vehicles, cars, trucks,
vans, trailers, boats, motorcycles, and all terrain vehicles, may be
outside provided that proper screening, approved by the Zoning
Administrator, as to shield these units will occur.

18
19
20
21
22

(40)

Storage of Building Materials and Equipment and Temporary Building(s)
utilized in conjunction with the construction of a development project.
Such Storage or Building(s) shall not exceed the duration of such
construction or a time as may be stipulated by the Zoning Board of
Adjustment.

23

(41)

Second Dwelling Unit or Duplex on a parcel less than twenty (20) acres.

24

(42)

Small and Large Equipment Rental/Sales/Repair and General Repair.

25
26
27

(43)

Solid Waste Disposal Site, Solid Waste Transfer Station, Recycling Center,
and Composting Facilities, provided parcel size is twenty (20) acres or
greater.

28

(44)

Specialty Sales.

29

(45)

Tavern.

30

(46)

Temporary Workforce Housing.

31

(47)

Tourist Cabins.

32

(48)

Utilities, Minor and Major.

33

(49)

Value Added Agricultural Commodity Processing Facility.

34

(50)

Veterinary Clinic – Large Animal.

35

(51)

Veterinary Clinic – Small Animal.
64

Deleted: <#>Landscaping requirements shall be in
accordance with Section 8.18; and¶

1

(52)

Warehouse.

2

(53)

Wild Game Processing Facility.

3

(54)

Worship Facility.

4
5

7.7 7.7 AGRICULTURAL (A) ZONE

6

7.7.1 7.7.1 INTENT

7
8
9

7.7.2

10

7.7.3 7.7.2 MINIMUM LOT AREA

11
12

7.7.4 HEIGHT LIMITS
No restrictions, except as regulated in the Military Overlay Zone.

13
14
15
16

7.7.5 REQUIRED SETBACKSETBACKS
The minimum sidesetbacksetback, frontsetbacksetback, rear setbacksetbackand
streamside setback for any lot or tract in an A Zone shall be the same as that
required for the Residential Zones as provided in Section 7.1.3.

17

7.7.6

18
19
20

7.7.7 SIGNS
Signs shall be subject to the regulations contained in Section 8.1.1, pertaining to
permitted use, and on the same lot therewith. No off-premise signage allowed.

21
22

7.7.8 OFF-STREET PARKING
Off-street parking shall be provided in accordance with Section 8.4.

23
24

7.7.9 PERMITTED PRINCIPAL USES
(1) Accessory Dwelling Unit.

The A Zone is intended to protect and preserve agricultural land and uses,
including land uses incidental to agricultural production and rural residential living
characteristic of traditional farming and ranching.
Commented [MH41]: Because Agriculture allows single
family dwelling we included it in the limitation of minimum lot
size. The act specifically says “zoned residential”. Agriculture
could still retain the minimum 40 acres.
Deleted: The minimum lot or tract area in the A Zone shall
be forty (40) acres except for lots created by any of the
following processes as allowed under the Montana Code
Annotated:¶
(1) Order of any court of record in this state or by operation
of law or that, in the absence of agreement between the
parties to the sale, could be created by an order of any court
in this state pursuant to the law of eminent domain;¶
(2) To provide security for mortgages, liens, or trust
indentures for the purpose of construction, improvements to
the land being divided, or for refinancing purposes;¶
(3) Creates cemetery lots;¶
(4) Is created for rights-of-way or utility sites; or¶
(5) For gift or sale to a member of the immediate family.¶
7.7.3 MINIMUM LOT WIDTH ¶
The minimum lot or tract width in the A Zone shall be twohundred (200) feet.¶
Deleted: YARD

25
26

(2) Day Care Center, Group Day Care Home, Family Day Care Home,
Community Residential Facility.

27

(3)

28

(4)

Agricultural Uses of Land; Usual Agricultural Buildings and Structures.

29

(5)

Bed and Breakfast.

30

(6)

Campground, Recreational Vehicle Park.

31

(7)

Commercial Building for Raising, Breeding and Boarding Small Domestic
65

Deleted: yard
Deleted: yard
Deleted: yard
Deleted:
Deleted: LOT COVERAGE¶
All buildings and accessory buildings shall not cover more than
forty percent (40%) of the lot or tract.

Formatted: Indent: Hanging: 0.5", Space Before: 12 pt,
After: 3 pt

1
2
3

Animals provided that such building, including dog runs, shall be at least
one hundred (100) feet from all property lines and shall comply with the
standards listed in Section 8.7.

4

(8)

Community Center.

5

(9)

Community Garden.

6

(10)

Golf Driving Range if located on a tract of five (5) acres or greater.

7

(11)

On-Site Construction Office.

8

(12)

Park.

9
10

(13)

Power Plant, Commercial Wind Farms/ (not to exceed one (1) megawatt)
subject to the requirements of Section 8.10 of these regulations.

11
12

(14)

Public and Private Forest and Wildlife Preserve and Similar Conservation
Areas.

13

(15)

Public Building.

14

(16)

Public Safety Facility.

15
16
17
18
19

(17)

Riding and Roping Arena, excluding commercial rodeo grounds,
commercial stables, animal therapeutic facilities, providing such use shall
be at least two hundred (200) feet from any lot in any other Zone.
Participants must number less than twenty-five (25) total for all events or
a special use permit is required.

20

(18)

Single-Family Dwelling.

21

(19)

Tourist Home.

22
23
24
25
26

(20)

Tower and Studio Facilities related to radio, television broadcasting
stations, telecommunications, amateur radio station and/or antenna
meteorological towers, residential wind turbines not to exceed 50 kW,
Amateur Radio operations, subject to the requirements in Section 8.8 of
these regulations.

27
28
29
30
31
32
33
34

7.7.10 PERMITTED ACCESSORY USES LOCATED ON THE SAME LOT WITH THE
PERMITTED PRINCIPAL USE
(1)
Accessory Buildings and Uses Customarily Incidental to any of the above A
Zone Uses.
(2)

Roadside Stands offering for sale local agricultural products or other
products produced on the premises.

7.7.4 7.7.11 USES PERMITTED UPON ISSUANCE OF A SPECIAL USE PERMIT
(1)
Agricultural Commodity Storage Facility.

Deleted: <#>Federal Firearm Retailers, Dealers,
Repairers.¶

Deleted: Parcel must be 20 acres or greater.

Deleted: <#>Two-Family Dwelling (e.g. Duplex), or a
Second Single-Family Dwelling on a parcel forty (40) acres
or more.¶
Deleted: <#>On tracts of land 160 acres or larger, a
Dwelling or Dwellings of Owner or Lessee of the Land.
These may be occupied by employees of the owner or
lessee of the land. They may be occupied by any person or
persons the owner or lessee of the land desires so long as
the Dwelling or Dwellings are not rented, leased, or used
for any commercial or industrial uses. (Acceptable uses
include a ranch manager house on the ranch owner’s
property, a Hutterite colony, a farmer who allows his
relatives to live in a house that he owns on his property,
etc.).¶
Deleted: <#>only

Formatted: Highlight

66

1

(2)

Agricultural Sales, Auction Sales, Convenience Sales, Specialty Sales.

2

(2)

Artisan Shop.

3
4

(3)

Bus Transit Terminal, Freight Terminal, and Railroad Yard, provided parcel
size is twenty (20) acres or greater.

5
6
7
8
9

(4)

Cemetery, including Mausoleum and Crematorium provided that any
Mausoleum or Crematorium shall be a distance of at least two hundred
(200) feet from any adjoining property or street and highway lines and
provided, further, that any new cemetery shall contain an area of twenty
(20) acres or more.

Deleted: adjacent

10

(5)

Concentrated Animal Feeding Operation (CAFO)

Deleted: Commercially Operated Feedlot or

11
12
13
14
15
16

(6)

Butchering of Animals and Fowl provided that the animals may not be
stabled or processed within one (1) mile from any adjacent residences.
Residential property owned by the applicant not included. The adjoining
residences must be residences that are present prior to the date of
receiving the application for this use. The operation can be used as a, meat
packing plant, slaughterhouse, rendering plant, and the like.

17

(7)

Contractor Yard,.

18

(8)

Distillery

19

Deleted: if located on a tract of land 40 acres minimum
in size and no adjacent residences are within one (1) mile at
the time of application.

Formatted: Highlight
Deleted: Commercial Propagation, Boarding, Grazing, or
Deleted:
Deleted: adjacent
Deleted: wholesale feed lot
Deleted: <#>Commercial Propagation, Boarding, Grazing
or Butchering of Small Animals and Fowl provided that the
animals may not be stabled or processed within two
hundred (200) feet from any property line and the
operation is not considered a wholesale feed lot or meat
packing use.¶

Brewery

20

(9)

Educational Facility.

21
22
23
24
25

(10)

Golf Course or Country Club, including directly associated incidental and
accessory facilities including a pro shop, lounge and restaurant catering
only to users of the golf course; but not including commercially operated
pitch and putt course or miniature golf course. Also includes Swimming
Pool, Soccer, Baseball, Softball Fields, and the like.

26

(11)

Guest Ranch, provided parcel size is twenty (20) acres or greater.

27
28

(12)

Hospital, Health Care Centers and Facilities, provided parcels size is twenty
(20) acres or greater.

29

(13)

Event center.

30
31
32

(14)

Indoor Sports and Recreation/Indoor Entertainment, including
Commercial Rodeo Grounds, Animal Therapeutic Facilities, Riding
Academy, and Commercial Stables.

33
34

(15)

Junk Yard/Salvage Yard, provided parcel size is twenty (20) acres or
greater.

35

(16)

Light Manufacturing & Assembly.

Deleted: <#> Small (see Section 8.15.1)

67

Deleted: <#>Day Care Center, Group Day Care Home,
Family Day Care Home, Community Residential Facility.¶
Deleted: .

Formatted: Indent: Left: 1.5", No bullets or numbering

1

(17)

Membership Club.

2

(18)

Mobile Home Park/Mobile Home Court.

3
4

(19)

Motorized Sports Entertainment provided that no residences are located
within one (1) mile of the proposed use, at the time of application.

5

(20)

Retirement Home.

6
7

(21)

Oil and gas exploration, drilling, and production subject to the
requirements of Section 8.13 of these regulations.

8
9
10

(22)

Outdoor Sports and Recreation/Outdoor Entertainment, including
Commercial Rodeo Grounds, Commercial Stables, Riding Academy, and
Animal Therapeutic Facilities.

11

(23)

Outfitter/Guide Facility.

12

(24)

Power Plant.

13
14

(25)

Public or Privately Owned Airport, Landing Area, or Helipad. Site must be
a minimum of 20 acres and 1000 feet from schools.

15
16
17
18
19

(26)

Quarry (including cutting, breaking, shaping, and finishing of quarried
rock), Sand and Gravel Pit, Top Soil Stripping, providing that any building
housing power or power producing machines shall be a distance of at least
two hundred (200) feet from all adjoining property or street and highway
lines. Operational hours shall be limited from 7:00 a.m. until 7:00 p.m.

20

(27)

Small and Large Equipment Rental/Sales/Repair and General Repair.

21
22
23

(28)

Solid Waste Disposal Site, Solid Waste Transfer Station, Recycling Center,
and Composting Facilities, provided parcel size is twenty (20) acres or
greater.

24
25

(29)

Storage Facility, Self-Service where indoor storage space is provided for
rent or lease and subject to the following conditions:

26
27
28

(a)

Principal use of a rented or leased space shall be restricted to
storage and shall not include processing, refining, transfer or
distribution of any commercial material or product;

29
30

(b)

Storage of flammable or explosive liquids, solids, or gases shall not
be permitted;

31
32
33
34
35

(c)

All material must be stored inside units. Storage of licensed,
operable, vehicles including but not limited to Recreational
Vehicles, Cars, Trucks, Vans, Trailers, Boats, Motorcycles, and All
Terrain Vehicles, may be outside provided that proper screening,
approved by the Planning Director, as to shield these units will
68

Deleted: adjacent

Deleted: <#>Second Single-Family Dwelling on parcel less
than forty (40) acres.¶

Deleted: <#>Landscaping requirements shall be in
accordance with Section 8.18; and¶

1

occur.

2
3
4
5
6

(30)

Storage of Building Materials and Equipment and Temporary Building(s)
utilized in conjunction with the construction of a development project.
Such Storage or Building(s) shall not exceed the duration of such
construction or a time as may be stipulated by the Zoning Board of
Adjustment.

7

(31)

Temporary Workforce Housing (Temporary Labor Camp).

8

(32)

Tourist Cabins.

9

(33)

Utilities, Minor and Major.

10
11

(34)

Value Added Agricultural Commodity Processing Facility. This may include
processing, manufacturing, storage, and the like.

12
13

(35)

Veterinary Clinic provided that the structure and use are not less than two
hundred (200) feet from any residential zone.

14

(36)

Workforce Housing (Permanent Labor Camp).

15

(37)

Worship Facility.

16
17
18

7.8 7.8 MOBILE HOME (MH) ZONE

19
20
21

7.8.1 7.8.1 INTENT
The MH Zone is intended to provide for residential use in areas where mobile
homes are the predominant residential structures.

22
23

7.8.2 7.8.2 MINIMUM LOT AREA
A minimum lot area of 3,600 square feet in a mobile home subdivision is required.

24
25

7.8.3 7.8.3 BUILDING HEIGHT
No restrictions, except as regulated in the Military Overlay Zone.

26
27
28
29
30
31
32

7.8.4 7.8.4 REQUIRED YARDSETBACKS
The minimum side yard shall be at least seven and one-half (7½) feet or
fifteen (15) feet between mobile homes. Structures added on to the
mobile home will be considered part of the mobile home in calculating the
required fifteen (15) foot distance between mobile homes.
7.8.5 7.8.4.2 Front Yard
The minimum front yard required shall be ten (10) feet.
69

1
2

7.8.6 7.8.4.3 Rear Yard
The minimum rear yard shall be at least ten (10) feet.

3
4
5

7.8.7 7.8.5 LOT COVERAGE
Mobile home and accessory buildings shall cover not more than thirty percent
(30%) of the lot area.

6
7

7.8.8 7.8.6 LOT WIDTH
The minimum lot width shall be thirty (30) feet.

8
9
10

7.8.9 7.8.7 OFF-STREET PARKING REQUIREMENTS
All mobile homes occupied as a dwelling must meet the off-street parking
requirements as contained in Section 8.4.

11
12

7.8.10 7.8.8 LANDSCAPING
Requirements shall be in accordance with Section 8.18.

13
14
15

7.8.11 7.8.9 SITE PLAN REVIEW AND APPROVAL

Prior to the construction of a mobile home court or subdivision, the following steps
must be taken:

16
17
18
19

I. 7.8.9.1 ZONING
The zoning of an area as a “Mobile Home Zone” must be recommended by
the Planning Board, which is acting in the capacity of a zoning commission
for the County Commissioners.

20
21
22

J. 7.8.9.2 PLANNING BOARD
The Planning Board must recommend approval for the court site plan or
subdivision plat.

23
24
25
26

K. 7.8.9.3 SUBMISSION
After submission to and recommendation by the Planning Board, the plan
or plat shall be submitted through the normal process for a plat, as covered
in subdivision regulations.

27
28
29
30
31
32

7.8.12 7.8.10 GENERAL PROVISIONS APPLYING TO ALL MOBILE HOMES
L. 7.8.10.1 REQUIREMENTS
In conjunction with the herein listed requirements, the State of Montana
and City-County Health Department requirements regulating mobile
homes, mobile home courts, and mobile home subdivisions must also be
complied with.

70

1
2
3
4
5

M. 7.8.10.2 SEASONAL STORAGE
Temporary seasonal storage of a small trailer used primarily for
vacationing and leisure activity and which is not used as the primary abode
of the owner or any other person is permitted on privately owned tracts of
ground.

6
7
8

7.8.13 7.8.11 PERMITTED PRINCIPAL USES
(1)
Mobile Home Court. In a Mobile Home Court, only mobile homes are
allowed.

9
10

(2)

Mobile Home Subdivision. In a Mobile Home Subdivision, mobile homes,
manufactured homes, modular homes, and stick-built homes are allowed.

11

(3)

On-site Construction Office.

12
13
14

7.8.14 7.8.12 PERMITTED ACCESSORY USES LOCATED ON THE SAME LOT WITH
THE PERMITTED PRINCIPAL USE
(1)
Customary Home Occupation (see Section 8.16).

15

(2)

Other Customary Accessory Use and Buildings.

16

(3)

Private Garage.

(4)

Professional Office in a Residence.

17
18

7.8.15 7.8.13 USES PERMITTED UPON ISSUANCE OF A SPECIAL USE PERMIT

19
20

(1)

Convenience Sales. Allowed with the exclusion of liquor sales and any
gambling other than the games associated with the Montana Lottery.

21
22

(2)

Educational facilities not heretofore defined, public library and publicly
owned building.

23
24
25
26

(3)

On-Site Real Estate Office for the purpose of conducting sales and located
upon the same tract from which said sales were provided. Such real estate
office site occupancy shall not exceed two (2) years or a time as may be
stipulated by the Zoning Board of Adjustment.

27
28

(4)

Recreation Building or Area Operated by a Membership Club for the
Benefit of Members and Not for Gain.

29

(5)

Utility Installation, Minor.

30
31

(6)

Worship Facility, where off-street parking is not provided are permitted
when approved by the Zoning Board of Adjustment.

71

1

7.9 PUBLIC LANDS AND INSTITUTIONS ZONE

2
3
4
5
6
7
8
9
10
11

7.9.1 INTENT
A zoning designation intended to provide and reserve areas for public uses
in order to preserve and provide adequate land for a variety of community
facilities which serve the public health, safety and general welfare. Such
public uses would include schools, public buildings, parks, airports, jails,
utilities, etc. This zoning district would typically be found in the public land
but also includes some floodplain designations that occurred as part of a
subdivision review and approval.

12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33

As used in 76-2-402, and this section the following definitions apply:
(1) "Agency" means a board, bureau, commission, department, an authority, or
other entity of state or local government.
(2) "Local zoning regulations" means zoning regulations adopted pursuant to Title
76, chapter 2.
(3) Whenever an agency proposes to use public land contrary to local zoning
regulations, a public hearing must be held and the agency shall attend the public
hearing.
(4) The local governing body shall hold a hearing within 30 days of the date the
agency gives notice to the local governing body of its intent to develop land
contrary to local zoning regulations.
(5)The county has no authority to approve or deny the proposed use, only to allow
for public comment and to consider what impacts may need to be mitigated based
on the proposed use.

34

Commented [MH42]: Changing Open Space Zone to PLI
which is more accurate. Open Space is the incorrect definition
and our regulations state we can limit land use based on open
space zoning designation.
This breaks out those land owned by the government exempt
from zonng and adds a multiple use overlay designation to
address private conservation lands, parks, recreation and
private floodways.
Commented [MH42R2]: THE ZONING UNDER WHAT IS
NOW OPEN SPACE
Deleted:
¶
7.9

Page Break

Deleted: OPEN SPACE (OS)

Formatted: Indent: First line: 0.5"

Procedure: Agency submits a location conformance permit to the Cascade County
Planning Department with their site plan meeting all the site plan criteria including
any uses that are contrary to local zoning regulations.
If the LC Review finds no uses contrary to local zoning regulations, they shall issue a
permit. If the find the a use is contrary to local zoning, they shall schedule hearing before
the BOCC for review and comment on the proposed activity

7.10 7.10

COMMERCIAL (C) ZONE

35
36
37
38

7.10.1 7.10.1 INTENT
The C Zone is intended to provide for commercial developments of differing scales
along major transportation corridors to supplement commercial developments
available in the City of Great Falls.

39
40

7.10.2 7.10.2 MINIMUM LOT AREA
No minimum required.
72

Formatted: Indent: Left: 0.5"
Deleted: <#>7.9.1 INTENT¶
The OS Zone is intended to open space recreation and
environmental relief in residential areas, riparian zones, and
amenity areas.¶
7.9.2 REQUIRED LOT AREA¶
No minimum requirement.¶
7.9.3 LOT COVERAGE ¶
All impervious surface area (roof, paved areas, etc.), shall
cover no more than five percent (5%) of the total open space.¶
7.9.4 PERMITTED PRINCIPAL USES ¶
Agriculture and Forestry.¶
On-Site Construction Office.¶
Public or Private Park and Playground, Public and Private
Forest and Wildlife Preserve, and Similar Conservation Areas.¶
Utility Installation, Minor.¶
7.9.5 PERMITTED ACCESSORY USES: ACCESSORY
BUILDINGS AND USES CUSTOMARILY INCIDENTAL TO
ANY OF THE ABOVE OS ZONE USES INCLUDING:¶
Automobile Parking Area as required in Section 8.4.¶

1
2

7.10.3 7.10.3 BUILDING HEIGHT
No restrictions, except as regulated in the Military Overlay Zone.

3

7.10.4 7.10.4 SETBACKSETBACKS REQUIRED

4

7.10.5 7.10.4.1 Side SetbackSetback

5
6
7
8
9

7.10.6 7.10.4.2 Front SetbackSetback
Fifteen (15) feet required for principal, accessory and special use permit
uses and buildings excluding customer parking except where the
Commercial Zone abuts or joins a Residential Zone in which case there shall
be a front setbacksetback as specified in Section 8.3.
7.10.7 7.10.4.3 Rear SetbackSetback

15
16
17
18

Deleted: Yard

Six (6) feet for principal, accessory and special permit uses and buildings
excluding customer parking except where a lot in the Commercial Zone
abuts upon a lot in a Residential Zone in which case the standards shall be
followed as shown in Section 8.3.

10
11
12
13
14

Deleted: YARD

Deleted: Yard

Deleted: yard
Deleted: Yard

Ten (10) feet except that required to provide parking as specified in Section
8.3. When a lot in a Commercial Zone abuts upon a lot in a Residential
Zone, the standards shall be followed as set forth in Section 8.3.
7.10.8 7.10.4.4 Exclusion

19
20
21

SetbackSetback requirement provisions shall not apply to ground level
installation of exterior spot lighting allowed as an accessory use in Section
7.3.9(3).

22
23
24

7.10.9 7.10.5 SIGNS
Signs shall be subject to the regulations contained in Section 8.1. No signage
advertising off-premise businesses allowed.

25
26
27

7.10.10
7.10.6 OFF-STREET PARKING
Off-Street Parking shall be provided in accordance with Section 8.4. If spaces are
paved, off-street parking shall be in accordance with Section 8.18.2.5.

28
29

7.10.11
7.10.8 SITE PLAN
Site Plan review and approval shall be in accordance with Section 8.5.

30
31

7.10.12
(1)

7.10.9 PERMITTED PRINCIPAL USES
Administrative Services.
73

Deleted: Yard

Deleted: <#>7.10.7 LANDSCAPING¶
Landscaping requirements shall be in accordance with Section
8.18.¶

Deleted: <#>Administrative Government Center.¶

1

(2)

Deleted: (Small Equipment/Machinery)

Agricultural Sales.

Formatted: Font color: Red

2

(3)

Alcohol Distillery.

3

(4)

Artisan Shop.

4

(5)

Auction Sales.

5

(6)

Bus Terminal.

6

(7)

Butcher Shop.

7
8

(8)

Commercial Kennel, provided it complies with the regulations set forth in
Section 8.7.

9

(9)

Community Center.

10

(10)

Community Cultural Facility.

11

(11)

Construction Material Sales.

12

(12)

Contractor Yard, Small (Section 8.15.1).

13

(13)

Convenience Sales.

14

(14)

Educational Facility.

15

(15)

Event Center.

16

(16)

Financial Services.

17

(17)

Funeral Home.

18

(18)

General Repair.

19

(19)

General Sales.

20

(20)

General Services.

21

(21)

Health Care Facility.

22

(22)

Hotel and Motel.

23

(23)

Instructional Facility.

24

(24)

Indoor Sports and Recreation/Entertainment.

25

(25)

-Brewery.

Deleted: Micro

26

(26)

Off-Site Liquor Sales.

27

(27)

On-Site Construction Office.

28

(28)

Outdoor Sports and Recreation/Entertainment.

29

Deleted: <#>Neighborhood Retailing or Service Facility
including and similar in scope, but not limited to, a Barber
Shop, Beauty Shop, Retail Food Store, Hotel/Motel,
Hardware Store, Launderette, Professional or Business
Office, Conservatory, Locksmith Shop, Photography Studio,
Restaurant, Shoe Repair or Tailor Shop.¶

(29)

Park.

30

(30)

Parking Garage.

31

(31)

Parking Lot.

32

(32)

Parking Structure.

33

(33)

Professional Services.

Deleted: <#>Casino, provide that it is not located on a
premise immediately adjacent (sharing a common property
line, but not intended to include a street or alley) to a
residential zoning zone. Casinos may not be located within
600 feet (measured in a straight line, without regard to
intervening structures or streets, from the outer wall of the
casino, to the outer wall of the preceding use) of an
education facility (K-12) or worship facility.¶

Deleted: <#>Federal Firearms Retailers, Dealers,
Repairers.¶

Deleted: <#>Health Care Center.¶

74

1

(34)

Public Building.

2

(35)

Public Institution.

3

(36)

Public Safety Facility.

4

(37)

Restaurant.

5

(38)

Retail.

6

(39)

Secondhand Sales.

7

(40)

Shopping Center.

8

(41)

Equipment Rental/Sales/Repair.

9

(42)

Specialty Sales.

10
11

(43)

Storage Facility, Self-Service where indoor storage space is provided for
rent or lease and subject to the following conditions:

12
13
14

(a)

Principal use of a rented or leased space shall be restricted to
storage and shall not include processing, refining, transfer or
distribution of any commercial material or product;

15
16

(b)

Storage of flammable or explosive liquids, solids, or gases shall not
be permitted;

17

Deleted: (c) Landscaping requirements shall be in
accordance with Section 8.18; …

18

(d)

all material must be stored inside units; and

19
20
21
22
23

(e)

Storage of licensed, operable vehicles including, but not limited to,
recreational vehicles, cars, trucks, vans, trailers, boats,
motorcycles, and all terrain vehicles, may be outside provided that
proper screening, approved by the Zoning Administrator, as to
shield these units will occur.

24

(44)

Tavern.

25

(45)

Vehicle Fuel Sales.

26

(46)

Vehicle Repair.

27

(47)

Vehicle Sales and Rental.

28

(48)

Vehicle Services.

29

(49)

Veterinary Clinic – Large Animal.

30

(50)

Veterinary Clinic – Small Animal.

31

(51)

Wholesale Trade.

32

(52)

Wild Game Processing Facility.

33

Deleted: Small

7.10.13

7.10.10 PERMITTED ACCESSORY USES LOCATED ON THE SAME
75

1
2
3
4
5
6

LOT WITH THE PERMITTED PRINCIPAL USE
(1)
Amateur Radio Station and/or Antenna Meteorological Towers,
Residential Wind Turbine and/or small Wind energy system not to exceed
50 kW may be used in the Commercial Zone subject to the requirements
of Section 7.3 and 8.8 of these regulations. Conditions 6, 7 and 8 of Section
8.8 do not apply to an amateur radio station and/or antenna.

7
8
9
10

(2)

Concession Stand, where a legally permitted principal land use of any of
the following exists: Outdoor Sports and Recreation/Outdoor
Entertainment, Indoor Sports and Recreation/Indoor Entertainment, Event
Center.

11
12
13
14

(3)

Exterior Spot Lighting of Buildings or Grounds, provided such sources be
shaded from motorists on public roadways and be located so that the
beams are not directed toward any lot in a Residential Zone or public
highway.

15

(4)

Permitted Accessory Uses set forth under Section 8.8.

16

(5)

Private Power Plant (up to 50 kW).

17
18
19

(6)

Signs as covered in Section 8.1, pertaining to the permitted use and on the
same lot therewith. No signage advertising off-premise businesses
allowed.

20
21
22

7.10.14
7.10.11 USES PERMITTED UPON ISSUANCE OF A SPECIAL USE
PERMIT
(1)
Agricultural Commodity Storage Facility.

23

(2)

Animal Shelter.

24

(3)

Contractor Yard, Large (see §8.15.2 of these regulations).

25

(4)

Garage, Public.

26

(5)

Gravel Pit (Open-Cut Mining Operation).

27

(6)

Equipment Rental/Sales/Repair.

28

(7)

Manufacturing, Light.

29

(8)

Manufactured Housing Sales.

30

(9)

Membership Club.

31
32

(10)

One Single-Family Dwelling Unit required by and incidental to the business
enterprise.

33

(11)

Private Power Plant (greater than 50 kW).

34

(12)

Recycling Center.
76

Deleted: <#>Agricultural Building.¶

Deleted: Large

1

(13)

Solid Waste Transfer Station.

2

(14)

Utility Installation, Minor.

3

(15)

Warehouse.

4

(16)

Worship Facility.

5

7.11

INDUSTRIAL (I) ZONE GENERAL REQUIREMENTS

6
7

7.10.15
7.10.16

7.11.1 MINIMUM LOT AREA
No minimum required.

8
9

N.

7.11.2 BUILDING HEIGHT
No restrictions, except as regulated in the Military Overlay Zone.

10

O.

7.11.3 REQUIRED SETBACKSETBACKS
7.11.3.1 Side SetbackSetback

11
12

a. Adjoining to an Industrial Zone shall be at least ten (10) feet wide.

13
14

b. Where one is used as vehicular access, it shall be at least twenty-five (25)
feet in width.

15
16
17
18

c. Where the side lot line abuts any lot or land area in a Residential Zone, it
shall be at least seventy-five (75) feet in width and the outer twenty (20)
foot strip adjoining such Residence Zone shall be always maintained by the
industrial enterprise as a landscape buffer area.

19
20

P.

21

Q.

Deleted: YARD
Deleted: S
Deleted: Yard
Deleted: Adjacent

7.11.3.2 Front SetbackSetback
The front setbacksetback shall not be less than fifteen (15) feet in depth.

Deleted: Yard

7.11.3.3 Rear SetbackSetback

Deleted: Yard

22
23
24
25
26
27

a. There shall be a rear setback on every lot not less than twenty-five (25)
feet in depth except where a railroad line or spur is located or where the
rear lot line abuts a dedicated right of way not less than twenty-five (25)
feet in width. In the event the right of way is less than twenty-five (25)
feet in width, the rear setback on the lot shall be the amount required to
provide a total of at least twenty-five (25) feet.

28
29
30
31

b. Where the rear lot line abuts any lot or land area in a residential zone, it
shall be at least seventy-five (75) feet in width and a twenty (20) foot strip
adjoining such residential zone shall be always maintained by the industrial
enterprise as a landscape buffer area.

77

Deleted: yard

Deleted: yard

1

R.

2
3

S.

7.11.6 OFF-STREET PARKING
Off-street parking shall be provided in accordance with Section 8.4.

T.

6
7

Deleted: <#>7.11.4 LOT COVERAGE¶
None designated.¶

Signs shall be subject to the regulations contained in Section 8.1.

4
5

7.11.5 SIGNS

7.11.8 SITE PLAN
Site Plan review and approval shall be in accordance with Section 8.5.

7.11 7.12

Deleted: <#>7.11.7 LANDSCAPING REQUIREMENTS¶
Landscaping requirements shall be in accordance with Section
8.18.¶

LIGHT INDUSTRIAL (I-1) ZONE

8
9
10

7.11.1 7.12.1 INTENT
The I-1 Zone is intended to provide for industrial uses that are less intensive and
operate at a smaller scale relative to heavy industrial developments.

11
12

7.11.2 7.12.2 PERMITTED PRINCIPAL USES
(1)
Agricultural Commodity Storage Facility.

13

(2)

All Principal Uses permitted in the Commercial Zone.

14

(3)

Bus Transit Terminal.

Deleted: <#>Artisan Shop.¶

Formatted: Highlight

15

(4)

Composting Facility.

16

(5)

Contractor Setback, Large (see Section 8.15.2).

Deleted: Yard

17

(6)

Freight Terminal.

18

Deleted: <#>Contractor Yard, Small (see Section 8.15.1).¶
Educational Facility.¶

(7)

Fuel Tank Farm.

19

(8)

Gravel Pit (Open-Cut Mining Operation).

20

(9)

Heli-Pad.

21

(10)

Industrial Uses (see Section 8.20).

22

(11)

Large Equipment Rental/Sales/Repair.

23

(12)

Manufactured Housing Sales.

24
25

(13)

Power Plants, Commercial Wind Farms subject to the requirements in
Sections 8.10 or 8.11 of these regulations.

26
27

(14)

Power Plants, Solar subject to the requirements in Section 8.12 of these
regulations.

28

by Rhianna
(15)Photograph
Railroad
Yard. Robertson, 2020. Second place winner of the 2020

29

(16)

Recycling Center.

30
31
32

(17)

Sexually Oriented Business. However, it may not be located within onethousand (1000) feet of an existing residence, residential zone,
educational facility, worship facility, day care, or other facilities where

Photograph Contest.

78

Deleted: <#>Park.¶
Parking Garage.¶
Parking Lot.¶
Parking Structure.¶

Deleted: <#>Public Institution.¶

1

minors gather.

2

(18)

Solid Waste Transfer Station.

3
4
5
6
7

(19)

Tower and Studio Facilities related to radio, television broadcasting
stations, telecommunications, amateur radio station and/or antenna
meteorological towers, residential wind turbines not to exceed 50 kW,
Amateur Radio operations, subject to the requirements in Section 8.8 of
these regulations.

8

(20)

Truck Terminal.

9

(21)

Utility Installation, Minor and Major.

10

(22)

Value Added Agricultural Commodity Processing Facility.

11

(23)

Warehouse.

12

(24)

Worship Facility.

13
14
15

7.11.3 7.12.3 PERMITTED ACESSORY USES LOCATED ON THE SAME LOT WITH
THE PERMITTED PRINCIPAL USE
(1)
Private Power Plant.

16
17
18

7.11.4 7.12.4 USES PERMITTED UPON ISSUANCE OF A SPECIAL USE PERMIT
(1)
One single family dwelling that is required by and incidental to the
operation of the industrial enterprise.

19

(2)

Agricultural uses of land.

20

(3)

Animal Shelter.

21

(4)

Agricultural Buildings.

22

(5)

Garage, Public.

23

(6)

Membership Club.

24
25
26

7.11.5 7.12.5 AREA, HEIGHT, SETBACK, LOT COVERAGE AND PARKING
REQUIREMENTS AS PER SECTION 7.11.

7.12 7.13

HEAVY INDUSTRIAL (I-2) ZONE

27
28
29

7.12.1 7.13.1 INTENT
The I-2 Zone is intended to provide for larger scale, intensive industrial
developments and other non-residential uses not otherwise prohibited by law.

30
31
32
33

7.12.2 7.13.2 PERMITTED PRINCIPAL USES
All NON-RESIDENTIAL uses not otherwise prohibited by law. Any such use shall be
required to comply with any supplemental regulations outlined in Section 8 of
these regulations. All I-2 uses shall be contained in a building, or sight-obscuring
79

Deleted: YARD

1
2
3

fence, berm or other such improvement no less than six (6) feet in height shall
surround the area outside a building being used for the enterprise, unless
modified or waived by the Zoning Administrator.

4
5

7.12.3 7.13.3 PERMITTED ACCESSORY USES LOCATED ON THE SAME LOT WITH
THE PERMITTED PRINCIPAL USE

6

(1)

Agricultural Uses of Land; Agricultural Buildings.

7
8

(2)

One Single Family Dwelling that is required by and incidental to the
operation of the industrial enterprise.

9

(3)

Private Power Plant.

10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33

7.12.4 7.13.4 AREA, HEIGHT, SETBACK, LOT COVERAGE AND PARKING
REQUIREMENTS AS PER SECTION 7.11.

7.13 7.14

Deleted: YARD

PLANNED UNIT DEVELOPMENT (PUD) ZONE

The purpose of the PUD Zone is to encourage imagination and efficient utilization of land through
greater development flexibility, the consolidation of open spaces, the clustering of buildings and
the integration of compatible land uses. The mixture of land uses is intended to create more
convenient and more effective integration of uses which may work in concert to create a more
attractive and desirable environment in which people can enjoy employment, residence and
leisure within close proximity to each other.
The request for classification as a PUD Zone shall be submitted and processed simultaneously
with the PUD provisions contained in the Cascade County Subdivision Regulations. Suitability of
a particular area for the plans and development shall be determined by reference to the Cascade
County Growth Policy, the character of surrounding developments, and the level of existing
services and facilities. Property to which the PUD classification has been applied shall be
developed only in conformance with an approved final development plan containing at a
minimum the criteria outlined in Section 8.5. Signs in a PUD Zone shall be subject to the
regulations contained in Section 8.1 and off-street parking shall be provided in accordance with
Section 8.4 with the criteria for each dictated by the conventional zoning classification which
normally could accommodate the use being considered.

8 SECTION 8. SUPPLEMENTARY REGULATIONS
The provisions of these regulations shall be subject to the requirements of Sections 7 and 9 and
to such exceptions, conditions, or modifications as herein provided by the following
supplementary regulations.

Commented [MH43]: If we are going to have a section on
supplementary regulations then we should combine all of
those together into one section. For example combine
Section 3 through 6 together with 8.
Currently there will be some regulations for a single LC permit
scattered into multiple different areas and supplementary
regulations.
Group by that which applies to all and branch out into that
which applies specific.

80

"Pause and Reflect" by Lori Andrews, 2020. Second place winner of the 2020 Photograph Contest.

1

8.1 8.1 USES, SIGNS, LOTS
8.1.1 8.1.1 GENERAL SIGN REGULATIONS BY ZONE

2

General Sign Regulations by Zone

Zone

UR8

SR-18

SR-28

RR-58

MU8

MU204,5,8

A4,5

C4,5

4,5

I-1

Type9

Noncommercial
Display
Noncommercial
Display
Noncommercial
Display
Noncommercial
Display
Noncommercial
or
Commercial
Display
Commercial
Display
Commercial
Display
Commercial
Display
Commercial
Display
Commercial
Display
Commercial
Display
Commercial
Display
Commercial
Display
Billboard6

Maximum
Lot
Maximum
Quantity
Size
Height1,2
(freestanding
(feet)
(acre)
sign)

Maximum
area per
sign
Illuminated3
(square
feet)

N/A

1

20

32

No

N/A

1

20

32

No

N/A

1

20

32

No

N/A

1

20

32

No

N/A

1

20

100

Yes7

≤1

2

30

300

Yes7

>1

3

30

300

Yes7

≤1

2

30

300

Yes7

>1

3

30

300

Yes7

≤1

2

30

300

Yes

>1

3

30

300

Yes

≤1

2

30

300

Yes

>1

3

30

300

Yes

≤1

2

30

672

Yes

81

Commented [MH44]: The sign regulations need to be
updated for accurate definitions. We currently see very few
complaints about signs. The most time spent on signs is
attempting to interpret the meaning of the sign zoning for
individual permits.

I-24,5

Billboard6
Commercial
Display
Commercial
Display
Billboard6
Billboard6

>1

3

30

672

Yes

≤1

2

30

300

Yes

>1

3

30

300

Yes

≤1
>1

2
3

30
30

672
672

Yes
Yes

Notes:
1. Maximum height is measured from the average elevation of the lot.
2. Signs located within 660 feet of an interstate highway measured from the outer edge of
the interstate right-of-way, shall not exceed a maximum height of 30 feet measured
from the high point of the interstate adjacentadjoining to the location of the sign,
including grades of interstate access ramps.
3. Signs may be illuminated provided that they shall be limited to transformers not
exceeding sixty (60) milliamperes on all exposed tubing and all animated or flashing
portions shall be limited to transformers not exceeding thirty (30) milliamperes on all
exposed tubing.
4. Total signage on a building side shall not exceed 30% of the building wall area square
footage of that side and shall not exceed 10 feet above the height of the building.
5. Billboard signs shall not exceed 48 feet in length and shall not exceed 30 feet maximum
height, measured from the highpoint of the highway adjoining to the location of the sign
and may not be located within 500 feet of another outdoor advertising (billboard) sign.
No sign or billboard shall be permitted within 100 feet of a Residential (R) zone. No sign
or billboard shall be permitted within 500 feet of any cemeteries, public park, public
forest, public playgrounds, school, church, or similar institution.
6. An illuminated sign shall be allowed for commercial use in the MU, MU-20 and A zones
provided the sign uses shielded lights that illuminate the area of the sign only and are
only illuminated during normal operating hours.
7. The sign shall be located not less than ten (10) feet from the established right-of-way
line of any street or highway and shall not obstruct traffic visibility at street or highway
intersections.
8. All signs must be located on the premises of the commercial use for which the display
advertises. Off-premise signage is allowed for non-profit, non-commercial uses only.

1
2
3
4
5
6
7
8

8.1.2 8.1.3 OTHER SIGNS (ALL ZONES)
U. 8.1.3.1 Temporary Signs
Temporary signs, including but not limited to For Sale Signs, Real Estate
Sale Signs, shall not be required to obtain a location/conformance permit.
These signs must be placed entirely upon private property.
V. 8.1.3.2 Political Signs
Political Signs shall be regulated pursuant to Montana Code Annotated.
Additionally, the following regulations shall apply:
82

Deleted: <#>No sign shall occupy any front, side, or rear
landscaping buffer area.¶

Deleted: adjacent

1

(1)

Signs promoting political candidates or issues shall:

2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20

a. Not be erected or maintained within the highway right-ofway
b. Not be erected or maintained prior to ninety (90) days
before the applicable election.
c. Be removed within fourteen (14) days following the
applicable election. The Public Works Department is
authorized to remove illegal signs not removed within
fourteen (14) days. The successful candidate in the primary
election may leave their signs until after the general
election.
W. 8.1.3.3 Directional Signs
(1)
Including, but not limited to, enter, exit, parking, air, etc., are
excluded from the signage requirements, provided they do not
exceed eight (8) square feet maximum in size and are no greater
than eight (8) feet in height and may not contain any advertising.
Signs as mentioned above do not include the normal public
highway regulatory or informational signs. In the event federal,
state, or other requirements regulating signs exist, the provisions
of Section 1.2 shall apply.

21
22
23
24
25
26
27
28
29
30

8.1.3 8.1.4 NON-CONFORMING SIGNS
(1)
Signs at the time of enactment of this Regulation which are not
conforming to the provisions, but which did conform to previous
laws at the time of installation and were properly permitted at the
time of installation, shall be regarded as nonconforming signs
which may remain if properly repaired, maintained, and if in
compliance with other regulations of Cascade County and the State
of Montana. Nonconforming signs which are structurally altered,
relocated, or replaced must comply immediately with all provisions
of these regulations.

31
32
33
34
35
36
37
38

(2)

Once a business has closed for more than one (1) year, any
existing signs advertising said business must be removed.

8.1.4 8.1.5 GRAVEL MINING
As per 76-2-209 Except as provided in 82-4-431, 82-4-432, and subsection (2) of
this section, a resolution or rule adopted pursuant to the provisions of this part,
except76-2-206, may not prevent the complete use, development, or recovery of
any mineral, forest, or agricultural resources by the owner of any mineral, forest,
or agricultural resource.
83

Commented [MH45]: This language is an example of not
fitting the type of land use regulation we are dealing with here
in the county.
Since they made by statute the burden on the government to
prove a nonconforming use changed we need to be realistic
with the resources we have for compliance enforcement.
Deleted: NATURAL PRODUCTION USE

1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35

(2) The complete use, development, or recovery of a mineral by an
operation that mines sand and gravel or an operation that mixes concrete or
batches asphalt may be reasonably conditioned or prohibited on a site that is
located within a geographic area zoned as residential, as defined by the board of
county commissioners and in effect prior to the filing of a permit application or at
the time a written request is received for a preapplication meeting pursuant to
82-4-432.
(3) Zoning regulations adopted under this chapter and in effect prior to the
filing of a permit application or at the time a written request is received for a
preapplication meeting pursuant to 82-4-432 may reasonably condition, but not
prohibit, the complete use, development, or recovery of a mineral by an operation
that mines sand and gravel and may condition an operation that mixes concrete
or batches asphalt in all zones other than residential.

36
37
38
39
40
41

8.1.5 8.1.6 DWELLINGS ON SMALL LOTS
Notwithstanding limitations imposed by any other provisions of these regulations,
the Zoning Administrator may permit erection of a single-family dwelling on any
lot in an MU-20, A, or any Residential Zone separately owned or under contract
for sale at the time of the passage of the original regulations and containing an
area smaller than that required for single (1) family dwelling.

An administrative waiver shall be granted in an MUA, I-1 Light Industrial, I-2
Heavey industrial Zones for the excavation of sand and gravel, topsoil, clay, shale,
or other natural mineral deposits for the quarrying of any kind of rock formation,
subject to the following conditions:
(1)
In the case of an open excavation there shall be a substantial fence,
suitable gates, completely enclosing the portion of the property which the
excavation is located in, and such fence shall be located at all points forty
(40) feet or more from the edge of the excavation.
(2)
, Nooperation that mixes concrete or batches asphalt shall be
permitted, except in an I-2 Zone, or by permission of the ZBOA.
(3)
In the case where a use abuts an R Zone, a C Zone, an I-1 Zone, a MH Zone,
or an OS Zone, a sight obscuring fence, berm or other such improvement
shall be required along the site perimeter(s) adjoining to the
aforementioned abutting zone(s) and shall be installed or caused to be
installed by the party to whom the special permit was issued prior to
beginning operations under said special permit issued therefore. Said sight
obscuring fence, berm or other such improvement shall be of a height
sufficient to block the line of sight from occupancies of the
aforementioned abutting zone(s).
(4)
Hours of Operation for the above listed uses shall be limited to 7:00 a.m.
to 7:00 p.m.

84

Deleted: Special Use Permit
Deleted: may
Deleted: be reviewed by the Zoning Board of Adjustment
(ZBOA)
Deleted: -20,
Deleted: A,
Deleted: RR-5 Zone, SR-1 Zone, SR-2 Zone, or in an
Deleted: and as provided in these regulations,
Deleted: No rock crusher, cement plant
Deleted: or other crushing, grinding, or polishing or
cutting machinery, or other physical or chemical process
for treating the product of such quarry
Deleted:
Commented [MH46]: DEQ state law, does not need to be a
county condition.,
Deleted: <#>In the case where excavation activity is
discontinued, the excavation shall be restored in
accordance with Open Cut Mining Reclamation guidelines
(see MCA § 82-4-400, et. seq). ¶
Deleted: <#>natural production
Deleted: <#>adjacent
Deleted: <#>as determined by the Zoning Board of
Adjustment.
Commented [MH47]: Does DEQ set hours of operation for
a permit? We have not complaints about hours of operation
from gravel or mining operations.
Ideally we would have one standard for hours of operation
related to the specific impact it is intended to mitigate.
Commented [MH48]: Correct natural resource extraction to
follow the MCA. Ours currently does not.

Formatted: Highlight
Commented [MH49]: Align for section 7.1 admin waiver
across lot lines.
This is another section that is confusing to administer because
the wording does not match the location or the specific use in
the document.
All interpretations, variances, waivers, permits and appeals
should be grouped together in one section.

1
2
3
4
5
6

8.1.6 8.1.8 ABANDONED BUILDINGS/ITEMS
Abandoned buildings/items, including wind turbines, radio towers,
telecommunications towers, and meteorological towers, that remain
nonfunctional or inoperative may constitute a public nuisance, and shall be
removed by the owner/operator.

8.2 8.2 SETBACKSETBACKS

7
8
9
10

8.2.1 8.2.1 VISIBILITY AT INTERSECTIONS
On a corner lot in any zone, no wall, hedge, or other planting which would obstruct
vision of the intersection may be located within twenty (20) feet of the property
line at the right of way of the street (see Clear Vision Triangle definition).

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8.2.2 8.2.2 PORCHES
An open or enclosed porch shall be considered a part of a building in the
determination of the size of the setbacksetback or lot coverage.

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8.2.3 8.2.3 PROJECTING ARCHITECTURAL FEATURES
The space of any required setbacksetback shall be open and unobstructed except
for the ordinary projections of window sills, bell courses, and other architectural
features, provided, however, that such features shall not project more than
twelve (12) inches into any required setbacksetback.

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8.2.4 8.2.4 FIRE ESCAPES
Open fire escapes may be extended into any required setbacksetback not more
than four (4) feet and six (6) inches.

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8.2.5 8.2.5 FENCES
A Location/Conformance Permit is not required for fences that are eight (8) feet
or less in height but shall meet all other state regulations and regulations
contained herein below.
X. 8.2.5.1 FENCE HEIGHT
No fence in any Residential Zone (UR, SR-1, SR-2, RR-5, MU) may exceed
eight (8) feet in height. Any ornamental projections on a fence are not
included in the height measurement. A variance may be allowed by the
Zoning Administrator where a higher fence is necessary to protect the
health, safety, and welfare of the public.

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Deleted: <#>8.1.7 REVERSE AND KEY LOTS¶
In the case of a reverse lot, the building setback line shall be
the same as the key lot. ¶
Deleted: for a continuous period of one (1) year shall be
deemed to be abandoned,
Deleted: shall
Deleted: <#>8.1.9 ZONING DESIGNATION PER
LOT/TRACT OF LAND¶
Each parcel of land shall have only one zoning designation.¶
Deleted: <#>YARD

Deleted: yard

Deleted: yard

Deleted: yard

Deleted: yard

Deleted: Woven fencing shall not be erected anywhere in
the county for range fencing, however, woven fencing may be
used for small area enclosures such as corrals, pens, coops,
and the like.
Deleted: measured from the natural grade (natural grade
does not include landscaped berms)
Deleted: Board of Adjustment
Deleted: upon approval by the Zoning Board of
Adjustment.…

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Y. 8.2.5.2 PRIVACY FENCING
Z.
AA. Privacy fencing intended to shield the interior of property from
the view from a public road must be constructed of wood,
corrugated metal, composite materials or other material
produced and sold as fencing material.
BB.
CC. Fences must be constructed according to IRC Section R403.1.4.1
standards to meet frost, snow and wind loads.
DD. 8.2.5.3 RAZOR WIRE FENCING
Razor wire shall only be located in the I-1 and I-2 Zone, must be signed, and
must be at least eight (8) feet off of the ground measured from the
midpoint of the difference of the ground elevation immediately adjoining
on either side of it.

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8.2.6 8.2.6 FRONT SETBACKSETBACK DEPTH
In any Residential Zone, each dwelling hereafter erected shall have a front
setbacksetback equal in depth to the average depth of the front setbacksetbacks
of the lots immediately adjoining thereto on either side, but no front
setbacksetback shall be less than twenty (20) feet nor need any front
setbacksetback have a greater depth than forty (40) feet.

Deleted: ELECTRIC
Commented [MH52]: All fencing requirements or building
and design standards need to be combined together in one
section not scattered.
Deleted: No fence of an electrically charged type shall be
erected in the UR, MH, or MU Zones. Electrically charged
fences utilized for agricultural use are allowed in any other
zone provided: (1) the energizer for the fence is designed
for livestock; (2) the voltage of the energizer is appropriate
for the particular livestock and/or animals intended for
containment/determent under the agricultural use; (3) uses
low impedance circuitry, millisecond-rate pulsating current,
and low amperage; and (4) the electric fence is not used in
conjunction with a barbed-wire fence for the same fenced
perimeter.¶
Deleted: YARD
Deleted: yard
Deleted: yard
Deleted: adjacent

21

8.3 8.3 TRANSITION REGULATIONS

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8.3.1 8.3.1 MUNICIPAL TRANSITIONS

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8.3.2 Where lots adjoin a municipal boundary, setbacks, utility corridors,
stormwater easements, and transportation right of way shall meet the
minimum standards of the city of town.

26

8.3.3 The transition requirement only applies to major or minor subdivisions.

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8.4 8.4 OFF-STREET PARKING, ACCESS ROADS AND DRIVEWAYS
At the date these regulations become effective, the following parking spaces are minimum
requirements (the standard parking stall is nine (9) feet wide and eighteen (18) feet deep) and
shall be provided and satisfactorily maintained by the owner of the property for each structure,
building or dwelling erected; or enlarged or altered to twenty percent (20%) of the gross floor
area of the building for use for any of the following purposes:

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35

8.4.1 8.4.1 DWELLINGS
At least one (1) off-street parking space for each dwelling unit within the building
or buildings.

36

8.4.2 8.4.2 AUDITORIUM, STADIUM, THEATER, CHURCHES, OR OTHER PLACES
86

Deleted: yard
Deleted: yard
Deleted: LOTS IN TWO ZONES

Formatted: Highlight
Commented [MH53]: Clarify that it is not a building
requirement only a setback requirement.
Commented [MH54]: The transition regulations I am
removing the side and rear yard transitions, etc. because that
type of design standard works during a subdivision but lot by
lot in the county it does not. Most of the lots we are dealing
with are pre subdivision.
Again, do not regulate something we do not have the
resources to implement and enforce.
I am proposing to rewrite this section to attempt to address
areas where the project is next to a city or other special district
in order to align the FUTURE INFRASTRUCTURE
requirements as the city expands.
This is does not mean the landowner has to build the
infrastructure through zoning approval but align the setbacks
or construction to accommodate future infrastructure.
For example, if a project is adjacent to the city and the city
plan calls for the street to be a future arterial the standard for
that setback along that road would be based on the planned
width of the future road.
Deleted: Where a zone boundary line divides a lot in single
or joint ownership of record at the time such line is adopted,
the regulations for the less restricted portion of such lot shall
extend not more than thirty (30) feet into the more restricted
portion, provided the lot has frontage on a street in the less
restricted zone.¶
8.3.2 SIDE AND REAR YARD TRANSITION¶
Where a lot in a business or industrial zone abuts a lot in any
Residential Zone, there shall be provided along such abutting
lines a yard at least equal in width or depth to that required in
the Residential Zone.¶
8.3.3 FRONT YARD TRANSITION¶
... [1]

1
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3

OF PUBLIC ASSEMBLY
At least one (1) parking space for each five (5) seats provided for its patrons based
on a maximum seating capacity.

4
5

8.4.3 8.4.3 MOTELS AND HOTELS
At least one (1) parking space for each one (1) guest unit.

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8
9

8.4.4 8.4.4 RESTAURANTS, NIGHT CLUBS, TAVERNS, OR OTHER EATING
PLACES
A minimum of ten (10) stalls plus one (1) stall per one-hundred (100) square feet
over one-thousand (1000) square feet of gross usable building area.

10
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12

8.4.5 8.4.5 HOSPITAL, SANITARIUM, OR NURSING HOME
At least one (1) parking space for each bed plus at least one (1) parking space for
employee on a maximum shift plus one (1) parking space for each staff doctor.

13
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8.4.6 SANITARIUM OR NURSING HOME
At least three (3) parking spaces for each four (4) beds.

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8.4.6 8.4.7 COMMERCIAL ZONE STORES
One (1) parking space for each three hundred (300) square feet of building(s) gross
floor area.

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22

8.4.7 8.4.8 OFFICE BUILDINGS
At least one (1) parking space for each three hundred (300) square feet of office
floor area on the ground floor and one (1) space for each five hundred (500) feet
of floor space above the first floor and the same shall apply to basement floor
areas.

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8.4.8 8.4.9 INDUSTRIAL OR MANUFACTURING ESTABLISHMENTS
At least two (2) parking spaces for each three (3) working people on a maximum
shift.

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32

8.4.9 8.4.10 GENERAL
All parking areas provided pursuant to this section shall be on the same lot with
the building, except that the Zoning Board of Adjustment may permit the parking
spaces to be on a lot within five hundred (500) feet of the building, if said Board
determines that it is impracticable to provide parking on the same lot with the
building.

87

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8.5 8.5 SITE PLAN REVIEW CRITERIA
In each case where a building or use is proposed, the Zoning Administrator shall review the Site
Plan of the proposal in accordance with this section and shall approve, or approve with
conditions, or disapprove such site plan. In modifying or disapproving such site plan, the Zoning
Administrator shall provide a written explanation of the decision and enter the decision into the
application file.
A Site Plan, as referred to in these Regulations, and must contain insofar as is applicable, the
following minimum information:
(1)
Name and address of Applicant.
(2)
Property boundaries, as described on file with the Cascade County Clerk
and Recorder, of the property being considered for review.
a.
Existing and proposed land use upon the site.
b.
Names of owners and existing land use on adjoining property.
c.
Location, size, dimensions and uses of existing and proposed
buildings and improvements.
d.
Location and description of existing and proposed utilities.
e.
Location and dimensions of curb cuts and access points.
f.
Location, size, dimensions, and number of off-street parking
spaces, including on-site vehicular driveways and type of surface
improvements.
g.
Location, type and height of existing and proposed fencing and
screening.
h.
Location, type, and height of sight-obscuring improvement
surrounding areas of storage for raw materials, finished products,
machinery, and equipment.

27

8.6 8.7 KENNEL BUSINESSES AND FACILITIES

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8.7 8.7.1 Kennels are permitted and enforced under the Cascade County
animal control ordinance. Buildings, including dog runs, shall be at least
one hundred (100) feet from all property lines and at least two hundred
(200) feet from a Residential Zones.8.8
TOWERS AND FACILITIES

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35
36

Tower and studio facilities related to radio, television broadcasting stations,
telecommunications, amateur radio station and/or antenna (conditions 6, 7, and 8 below do not
apply to an amateur radio station and/or antenna), meteorological towers, residential wind
turbines not to exceed 50 kW, Amateur Radio operations providing they meet the following
conditions:

37

Deleted: ¶

(1)

Setback to property boundaries for wind turbines must be the height of the tower,

Deleted: shall be prepared at a scale of not less than one (1) inch
equals one hundred feet (1" = 100')

Formatted: Highlight
Commented [MH55]: In addition to moving all application
criteria including site plans into one section it also needs to
reflect what is actually provided. This scale standard is rarely
followed, less and less people understand it or know how to
use it.
If the desire is to have sets of actual scaled site plans then we
need be clear on what the standards This level of site
planning is not a DIY. Plans for many permitting functions of
other agencies would require stamped drawings be submitted.
There a pros and cons to both alternative.
Deleted: adjacent
Commented [MH56]: Septic permit and 602I. Need to
define application, vs septic permit, vs installed.
This is an important distinction. If Location Conformance
Permits are going to be used as the catch all for other permits
and tax collections then the regulations need to state that
clearly and apply it consistently.
Currently we withhold the LC permit until the septic permit is
also approved. Nothing in the regulations authorizes us to
withhold the permit for this reason.

Formatted: Highlight
Deleted: <#>Location and type of existing and
proposed landscaping or buffering.¶

Deleted: REGULATED BUSINESSES INCLUDE, BUT ARE
NOT LIMITED TO:¶
Pet Wholesalers.¶
Pet Breeders.¶
8.7.2 EXEMPT FACILITIES INCLUDE, BUT ARE NOT
LIMITED TO:¶
Retail Pet Stores/Pet Adoption Accessory Use.¶
Public Animal Shelter.¶
Laboratory Animal Dealers and Breeders.¶
Animal Brokers.¶
Wild Animal Dealers.¶
8.7.3 OTHER REQUIREMENTS:¶
(1)
Commented [MH57]: This needs to be moved and defined
as to where it fits in general zoning use standards. Why does
the county need a separate section on Kennels. Kennels can
be regulated through the animal control ordinance.
Deleted: ¶

88

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4

plus the blade length, plus twenty (20) feet; the setback to property boundaries
for all other tower/antenna structures must be the height of the tower plus
twenty (20) feet (example: a 100-foot-tall tower must be 120 feet from all
property boundaries).

5

(2)

Must meet all state, federal, and local regulations regarding the uses.

6

(3)

Must not have any advertising signage attached to them.

7

(4)

Must not interfere with any electrical components of neighboring properties.

8

(5)

Must be fenced or protected to prohibit unauthorized access.

9

(6)

Must be located at least 1000 feet from any use listed in 7.1.1.1 (2).

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12

(7)

Height of the structure is as measured from finished grade to the top of the tower
system, which includes the generating unit and the highest vertical extent of any
blades or rotors).

13

(8)

Turbine Noise Limitations (8:00 p.m. to 8:00 a.m.)

14

Measured from property lines:

15

Residential Zones

50 dB(A)

16

Commercial Zones

60 dB(A)

Industrial Zones

75 dB(A)

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(9)

Color. Tower colors should have a matted or non-reflective finish and be of neutral
subdued tones such as earth tones of green or brown. Flat white and gray,
including naturally darkening galvanized gray, are also acceptable. Towers shall
not be finished in bright or vivid colors intended to draw attention to the structure
or property.

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(10)

Signs. The system tower shall not be used for signs and advertising of any kind.
One sign, limited to four square feet, shall be posted at the base of the tower. The
sign shall include a notice of no trespassing, a warning of high voltage, and the
telephone number of the property owner/operator to call in case of emergency.

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(11)

Climbing Apparatus. All climbing apparatus shall be located at least 12 feet above
the ground and the system tower must be designed to prevent climbing within the
first 12 feet above the ground.

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(12)

Removal. Tower systems (including meteorological towers) that remain
nonfunctional or inoperative for a continuous period of one year shall be deemed
to be abandoned, shall constitute a public nuisance, and shall be removed by the
owner/operator.

89

1

8.8 8.9 POWER PLANTS

2
3

The following regulations are for all proposed commercial power plants. Additional requirements
for specific types of power plants are delineated in the following sections.

4

(1)

Must meet all state, federal, and local regulations regarding the uses.

5

(2)

Must not have any advertising signage attached to them.

6

(3)

Must not interfere with any electrical components of neighboring properties.

7

(4)

Must be fenced or protected to prohibit unauthorized access.

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10
11

8.9 8.10 POWER PLANT, COMMERCIAL WIND FARMS NOT TO EXCEED
ONE (1) MEGAWATT
The following regulations are for all proposed commercial power plants and wind farms not
exceeding 1 megawatt of total generating capacity:

12

(1)

Facility may not exceed one (1) megawatt of total generating capacity.

13

(2)

Must meet all state, federal, and local regulations regarding the uses.

14

(3)

Must not have any advertising signage attached to them.

15

(4)

Must not interfere with any electrical components of neighboring properties.

16

(5)

Must be fenced or protected to prohibit unauthorized access.

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(6)

Must be located at least 1000 feet from any permitted principal use in the Rural
Residential – 5 (RR-5) Zone.

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(7)

Height of the structure is as measured from finished grade to the top of the tower
system, which includes the generating unit and the highest vertical extent of any
blades or rotors).

22

(8)

Turbine Noise Limitations (8:00 p.m. to 8:00 a.m.)

23

Measured from property lines:

24

Residential Zones

25

Commercial Zones

60 dB(A)

26

Industrial Zones

75 dB(A)

50 dB(A)

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30
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(9)

Color. Tower colors should have a matted or non-reflective finish and be of neutral
subdued tones such as earth tones of green or brown. Flat white and gray,
including naturally darkening galvanized gray, are also acceptable. Towers shall
not be finished in bright or vivid colors intended to draw attention to the structure
or property.

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33

(10)

Signs. The system tower shall not be used for signs and advertising of any kind.
One sign, limited to four square feet, shall be posted at the base of the tower. The
90

Deleted: <#>Must be located at least one thousand (1000)
feet from any permitted principal use in the Rural Residential
– 5 (RR-5) Zone.¶

1
2

sign shall include a notice of no trespassing, a warning of high voltage, and the
telephone number of the property owner/operator to call in case of emergency.

3
4
5

(11)

Climbing Apparatus. All climbing apparatus shall be located at least 12 feet above
the ground and the system tower must be designed to prevent climbing within the
first 12 feet above the ground.

6
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8
9

(12)

Removal. Tower systems (including meteorological towers) that remain
nonfunctional or inoperative for a continuous period of one year shall be deemed
to be abandoned, shall constitute a public nuisance, and shall be removed by the
owner/operator.

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8.10 8.11 POWER PLANT, COMMERCIAL WIND FARMS GREATER THAN
ONE (1) MEGAWATT
The following regulations are for all proposed commercial power plants and wind farms
exceeding 1 megawatt of total generating capacity
(1)
(2)
(3)
(4)
(5)
(6)

(7)

(8)

(9)

(10)

Must meet all state, federal, and local regulations regarding the uses.
Must not have any advertising signage attached to them.
Must not interfere with any electrical components of neighboring properties.
Must be fenced or protected to prohibit unauthorized access.
Must be located at least 1000 feet from any permitted principal use in the Rural
Residential – 5 (RR-5) Zone.
Height of the structure is as measured from finished grade to the top of the tower
system, which includes the generating unit and the highest vertical extent of any
blades or rotors).
Turbine Noise Limitations (8:00 p.m. to 8:00 a.m.)
Measured from property lines:
Residential Zones
50 dB(A)
Commercial Zones
60 dB(A)
Industrial Zones
75 dB(A)
Color. Tower colors should have a matted or non-reflective finish and be of neutral
subdued tones such as earth tones of green or brown. Flat white and gray,
including naturally darkening galvanized gray, are also acceptable. Towers shall
not be finished in bright or vivid colors intended to draw attention to the structure
or property.
Signs. The system tower shall not be used for signs and advertising of any kind.
One sign, limited to four square feet, shall be posted at the base of the tower. The
sign shall include a notice of no trespassing, a warning of high voltage, and the
telephone number of the property owner/operator to call in case of emergency.
Climbing Apparatus. All climbing apparatus shall be located at least 12 feet above
91

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5
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7
8
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10
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12

(11)

8.11 8.12

the ground and the system tower must be designed to prevent climbing within the
first 12 feet above the ground.
Removal. Tower systems (including meteorological towers) that remain
nonfunctional or inoperative for a continuous period of one year shall be deemed
to be abandoned, shall constitute a public nuisance, and shall be removed by the
owner/operator.

COMMERCIAL POWER PLANT, SOLAR

Based on the typical solar power plant design, uses tend to be low in intensity with minimal trip
generation, low amounts of impervious cover, and low emission thus the use may be compatible
in both urbanized and non-urbanized areas throughout the County. Standards for power plant
generation by solar energy shall be subject to the administrative requirements of Section 18 and
the following site development standards:

13
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15

(1)

Lot coverage. All buildings including accessory buildings shall not cover more than
thirty-five percent (35%) of a lot unless adjusted by the Zoning Board of
Adjustment (ZBOA).

16
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18

(2)

Setbacks. Solar power plant structures shall be set back from all property lines at
least thirty (30) feet from the front and six (6) feet from the side yards, and ten
(10) feet from a rear yard.

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23

(3)

Landscaping Buffer. As determined by the ZBOA through the Unclassified Use
Permit process with considerations of location, size of parcel and topography of
parcel. Appropriate landscaping and/or screening materials may be required to
help screen the solar power plant and accessory structures from major roads and
neighboring residences.

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(4)

Lighting. No solar power plant tower or other tall structure associated with a solar
power plant shall be lighted unless required by the Federal Aviation
Administration (FAA). When lighting is required by FAA, it shall be the red,
intermittent, glowing-style, rather than the white, strobe-style.

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(5)

Height Restrictions. Siting requirements of any structure within the Height
Military Overlay Zone (MOD) must be met. Any variance requested for overheight must be presented to Malmstrom’s reviewing staff and approved.

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(6)

Safety/Access. An appropriate security fence (height and material to be
determined through the Unclassified use permit process) shall be placed around
the perimeter of the solar power plant.

34
35

(7)

Signage. appropriate warning signage shall be placed at the entrance and
perimeter of the solar power plant project.

36
37

(8)

Noise. No operating solar power plant shall produce noise that exceeds any of
the following limitations:
92

1
2

(a)

Fifty (50) dB, as measured at the property line of any neighboring
residentially-zoned lot;

3
4

(b)

Forty-five (45) dB, as measured at any existing neighboring residence
between the hours of nine p.m. and seven a.m.

5
6

(c)

Sixty (60) dB, as measured at the property lines of any other project
boundary.

7
8
9
10
11

(7)

Agreements/Easements. If the land on which the project is to be leased rather
than owned by the solar energy development company, all property within the
project boundary must be included in a recorded easement(s), lease(s), or consent
agreement(s) specifying the applicable uses for the duration of the project and a
copy provided with an Unclassified use permit application.

12
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14

(8)

Removal. Structures that remain nonfunctional or inoperative for a continuous
period of one year shall be deemed to be abandoned, shall constitute a public
nuisance, and shall be removed by the owner/operator.

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8.12 8.13 OIL & GAS EXPLORATION, DRILLING, PRODUCTION, &
OPERATIONS
A Special Use Permit is required by the Zoning Board of Adjustment in the A Zone. In addition to
the submittal requirements of Section 10, Standards for Special Use Permits, the following items
will be required.

20

(1)

Cover letter describing project and submittal materials.

21

(2)

Copy of associated mineral leases.

22
23

(3)

Copy of order from the Montana Board of Oil and Gas Conservation, and
associated stipulations/conditions.

24

(4)

Name and location of all water wells on adjoining properties.

25
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27

(5)

Operations statement detailing the proposed hours of operation, duration of
project, operation of project including staffing schedules and estimated trips per
day, traffic study with proposed mitigation and fire plan with proposed mitigation.

28

(6)

Noxious Weed Management Plan.

29

(7)

Plan for reclamation of all disturbances associated with the project.

30

(8)

Workforce Housing plan, if applicable.

31

(9)

Any additional information deemed necessary by the Planning Department.

32
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34

8.13 8.14

TEMPORARY FIREWORKS STAND REGULATIONS

A Temporary Fireworks Stand shall be defined as a temporary structure utilized for the sales of
fireworks as defined in MCA § 50.37.101. Temporary fireworks stands shall be a permitted
93

Deleted: adjacent

Commented [MH59]: Oil and Gas should be moved
together under natural resource development. Our
regulations go beyond what the MCA allows us to and need to
be updated as well.

1
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4
5

principal use or a permitted accessory use on a parcel (where a separate and previous principal
use already exists) in any zoning zone in Cascade County outside of the Corporate Limits of the
City of Great Falls and any other incorporated city or town, subject to the following conditions
and regulations. Temporary fireworks stands shall be permitted only for the time period as
specified in this Section.

6
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8
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11

8.13.1 8.14.1 REQUIRED PERMITS
A Temporary Location/Conformance Permit shall be defined as that temporary
permit issued only to temporary fireworks stands and shall be subject to the fee
schedule as specified in Section 9.3 of this code. In addition to the Temporary
Fireworks Stand Location/Conformance Permit, any applicable permits from the
state agencies must be included in the application.

12
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14
15
16
17
18

Any temporary fireworks stand failing to obtain such permit shall be considered
to be in violation of these regulations. The Temporary Fireworks Stand
Location/Conformance Permit shall be valid for the time period between June 1
through July 31st and December 29th through December 31st of the year in which
such permit is issued. Signage associated with temporary fireworks stands shall
be permitted by the granting of the Temporary Location/Conformance Permit and
shall be subject to the provisions of this Section.

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8.13.2 8.14.2 APPLICABLE TIME PERIOD
No temporary fireworks stand shall be located, erected, or constructed on an
acceptable premise prior to June 1 of the year for the June 24th through July 5th
selling period and must be removed by July 31st of the same year. No temporary
fireworks stand shall be located, erected, or constructed on an acceptable premise
prior to December 6th of the year for the December 29th through December 31st
selling period and must be removed by January 15th of the next year.

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8.13.3 8.14.3 REQUIRED DISTANCES AND SETBACKS
A temporary fireworks stand shall be located:

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(1)

At least 300 feet from a worship facility, a hospital, or educational facility.

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(2)

At least 150 feet from any flammable liquid dispensing device or
installation.

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(3)

At least 150 feet from any residential dwelling unit.

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(4)

At least 30 feet from any public roadway.

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(5)

At least 50 feet from any non-residential structure.

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(6)

At least 25 feet from any attendant vehicle or structure associated with
the fireworks stand.

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(7)

Setbacks

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a.

Front SetbackSetback- The minimum front setback shall be thirty
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Deleted: every temporary fireworks stand shall obtain a
Fireworks Permit for the County of Cascade County, Montana.

Deleted: Yard

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(30) feet.

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b.

Rear SetbackSetback- The minimum rear setback shall be thirty (30)
feet.

Deleted: Yard

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c.

Side SetbackSetback- The minimum side setback shall be ten (10)
feet.

Deleted: Yard

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(8)

Off-street Parking

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a.

Size- The dimensions of an off-street parking space shall be nine (9)
feet in width by eighteen (18) feet in depth.

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10

b.

Number- The minimum number of off-street parking spaces
provided by any temporary fireworks stand shall be five (5).

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c.

The required front setbacksetback may be used for off-street
parking.

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8.13.4 8.14.4 APPLICABILITY OF OTHER REGULATIONS
In addition to the conditions set forth in this section, each temporary fireworks
stand shall abide by all applicable regulations adopted by Cascade County. All
stands must comply with any pertinent State of Montana Building Codes
requirements including electrical, structural, and fire safety.

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8.13.5 8.14.5 PENALTY
The penalty for the violation of any part of this Section of these regulations, in
addition to those penalties as contained in Section 13 “Enforcement,” shall be the
immediate revocation of the Temporary Fireworks Stand Locatio