Chapter 11.20 : Supplementary Regulations

Sections:

11.20.010 Visibility at Intersections
11.20.020 Accessory Buildings
11.20.030 Principal Structures
11.20.040 Exceptions to Height Regulations
11.20.050 Structures to Have Access
11.20.060 Zero Lot Line
11.20.070 Fallout Shelters
11.20.080 Outdoor Lighting
11.20.090 Outside Storage, Enclosure Required
11.20.100 Corner Lots
11.20.110 Protection of Street Rights-of-way
11.20.120 Fences, Walls, and Hedges
11.20.130 Lots in Two Zones
11.20.140 Swimming Pools
11.20.150 Landscaping
11.20.160 Multi-dwellings
11.20.170 Yard Encroachments
11.20.180 Stop Order
11.20.190 Expansions of Nonconforming Uses or Structures in Business Zones

11.20.010 Visibility at Intersections. Not withstanding other provisions of this code in any residential district, fences, walls, hedges, or other planting may be permitted in any required yard, provided that nothing shall be erected, placed, planted, or allowed to grow in such a manner as materially to impede vision between a height of two and one half feet and ten feet above the centerline grades of the intersecting streets in the area bounded by street lines of such corner lots and a line joining points along said street lines 40 feet form the property line.

11.20.020 Accessory Buildings. No accessory building shall be in any required front yard. Placement of an accessory building on any property shall comply with current building code.

An accessory building not to exceed height requirements in the applicable zoning district, including heating and cooling units, may occupy not more than 25 percent of the area of a required rear yard, provided that placement of an accessory building on any property shall comply with current building code, meet side setback requirements for side property lines, and 10 feet from the rear property line. **amended by ORD 96-2**

11.20.030 Principal Structures. In any district, more than one structure housing a permitted and customary accessory use may be erected on a single lot or tract of land, provided that yard and other requirements of this code shall be met for each structure as though it were on an individual lot.

11.20.040 Exceptions to Height Regulations. The height limitations contained in any district regulations do not apply to spires, belfries, cupolas, chimneys, water tanks, ventilators, elevator housing, grain elevators, or other agriculture buildings, except where specified by a "T" District, or prohibited by Federal Aviation Regulations, part 77.

Towers for wireless communications (cellular phones) shall be considered Permitted Conditional Uses in B-2 and M-1 Districts. Approval of the tower must be obtained through the Conditional Use Permit process in Chapter 11.21 of the Title. **amended by ORD 2000-4**

11.20.050 Structures to have Access. Every building hereafter erected or moved shall be on a lot adjacent to a public street, or with access to an approved private street, and all structures shall be located on lots as to provide safe convenient access for servicing, fire protection, and required off-street parking.

11.20.060 Zero Lot Line. Moved to Section 11.14.050.

11.20.070 Fallout Shelters. Fallout shelters to protect human life during periods of danger may be constructed in or under any required yard, except that if constructed in a front yard or side yard, none of it may protrude above the average grade of the lot.

11.20.080 Outdoor Lighting. Outdoor lighting of trees, bushes, fountains, swimming pools, or grounds of residences shall not illuminate or be reflected upon any adjacent property.

11.20.090 Outside Storage, Enclosure Required. All salvage dealers, or other persons accumulating, depositing, or storing salvage, raw material, manufacturing material, building material, or other materials within the Belgrade area when the accumulating, depositing, or storing thereof shall be without a building or not within a building, either now stored, deposited, or accumulated, or hereafter so deposited, stored or accumulated, shall fence surrounding said materials with a sight obscuring fence at least six feet high, sufficient to enclose said materials from public view form outside the enclosure.

11.20.100 Corner Lots. When a lot faces more than one street and front yard setbacks have been established or in all probability will be established on both streets, corner lots setbacks shall be at least as great as established for each street.

When a lot faces more than one street in any residential zone, the yard setback established, in said respective zone by this ordinance, for the front yard setback shall exist on the primary street and the yard setback on the secondary or cross street shall be one-half that of the front yard setback **Ord. 91-4**.

11.20.110 Protection of Street Rights-of-way. No building permit shall be issued or use proposed in any street right-of-way, or any proposed street right-of-way proposed in the Belgrade Master Plan.

11.20.120 Fences, Walls, and Hedges.

1). Fences, walls, and hedges in any district may be located on lot lines provided such fences, walls, and hedges do not exceed eight feet in height. Fences exceeding eight feet in height shall be subject to the minimum yard requirements of the district in which said fences are located. However, no fences, walls, and hedges shall exceed four feet in any front yard as defined in this code. An exception to the height restrictions located in section 11.20.120 of this ordinance will be granted for fences used in an agricultural pursuit to retain stock animals.

2). Except for AS, RS, and RS-M Districts, no barbed wire or other sharp materials and no electrically charged fences shall be erected or maintained in any district created by this code.

When electrically charged fences are used in an AS, RS, or RS-M District, such fence shall be posted with warning signs at intervals not to exceed 150 feet where such fences are adjacent to public rights-of-way.

3). In case of a fence erected on top of a retaining wall, the height shall be measured from the grade of the high side of the wall.

11.20.130 Lots in Two Zones. Where a district boundary line as established in this code divides a lot which was a single ownership and of record at the time of this code, the use thereon and strict requirements applying to the least restricted portion of such lot under this code shall be considered as extending to the entire lot, provided the more restricted portion of such lot is entirely within 20 feet of the dividing line, the use so extended shall be deemed to be conforming.

11.20.140 Swimming Pools. No public or private swimming pool in any district shall be located in any required front yard; however, if no more than six feet in height, such use may be located in any required side yard or rear yard. In addition, all swimming pools shall be enclosed in an area with a fence or wall not less than 42 inches in height and no opening therein, other than doors or gates, larger than four inches in any direction. A structure of any type may be used as part of such enclosure shall be kept equipped with a self closing and self latching device for keeping the gate or door securely closed at all time when not in actual use, except that the door of any dwelling which forms a part of the enclosure for private residential pools need not be so equipped. The Building Inspector may make modifications in individual cases, upon showing of good cause with respect to the height, nature, or location of the fence, wall, gaited, or latches, or the necessity thereof, provided the protection as sought hereunder is not reduced thereby.

11.20.150 Landscaping. Deleted.

11.20.160 Multi-dwellings. Deleted.

11.20.170 Yard Encroachments. Every part of a required yard or court shall be open and unobstructed by any building or structure from its lowest point upward, except as follows:

1). Cornices, chimneys, canopies, eaves, balconies, or other similar features may extend into a required setback area not more than three feet.

2). Open, unwalled, uncovered steps and entrance landings may extend into a required setback area not more than five feet.

11.20.180 Stop Order. Whenever any building work is being done contrary to the provisions of this code, the Building Inspector shall order the work stopped by notice in writing served on any person engaged in doing or causing such work to be done, and any such person shall forthwith stop such work until authorized by the Building Inspector to proceed with the work.

11.20.190 Expansion of Nonconforming Uses of Structures in Business Zone.

1). Definitions. For the purpose of this section, the following definitions will be applicable.

a). Nonconforming Uses - as defined in Section 11.02.020.

b). Nonconforming Structure - as defined in Section 11.02.020.

c). Business Districts Zone - to be limited only to a B-1 Zone as defined in Chapter 11.13, B-2 Zone as defined in Chapter 11.14 and B-3 Zone as defined in Chapter 11.15.

2). Where a nonconforming use and/or structure as hereinabove defined exists in a business district zone as hereinabove defined, said nonconforming use and/or structure may be expanded or may be rebuilt even if destroyed beyond 50 percent of its replacement cost only by issuance of a conditional use permit, provided that:

a). The use is for single-family residential purposes as defined elsewhere in this code; and

b). The existing character of the area in which expansion is requested is primarily of a residential character or nature; and

c). The square footage of the requested expansion is not more than 50 percent of the total square footage of the existing nonconforming use or structure.

3). Procedure for obtaining permit for expansion of nonconforming uses and/or structure.

a). All applications for a permit to expand a nonconforming use or structure shall be filed in the City Offices with the Building Inspector, accompanied with a filing fee as set forth in Chapter 11.27.070. Said application shall be filed contemporaneously with and in addition to an application for a building permit.

b). Immediately upon receipt of said application for a permit for expansion of a nonconforming use and/or structure, said Building Inspector will immediately deliver said application to the Planning Director in and for the City. Said Planning Director will immediately cause an investigation of the facts bearing on the application and will provide the necessary information to assure that the action on such application is consistent with the intent and purpose of this code.

c). A hearing on the application shall then be held before the Planning Board at the time set to gather need facts form all interested parties. Said hearing shall be held pursuant to notice to be published at least ten (10) days prior to the hearing date on one occasion in a newspaper of general circulation in the City, and further notice will be sent to each landowner adjoining said property for which permit is requested, including all property within a one block radius of the property for which said permit is requested. Names and addresses of adjoining property owners will be provided to the City-County Planning Office by the applicant and will be certified by the county recorder or an authorized title company. The property shall be posted with a notice of the hearing at least ten (10) days prior to the hearing date. The Planning Board may continue such hearing, if need be to take additional information.

d). The Planning Board shall cause to be sent to the City Council their recommendation on the application with any and all pertinent facts. The applicant will also be given a copy of the Planning Board's recommendation to the City Council at least ten days prior to the scheduled hearing to be conducted before the City Council.

e). Upon receipt of the Planning Board's recommendation, the City Council shall, after legal notice of not less than ten days, hold a public hearing on said application at which the Planning Board's recommendation shall be read and additional testimony may be taken from interested parties. The property shall be posted with notice of the hearing at least ten (10) days prior to the hearing date. At the conclusion of said public hearing, the City Council shall do one of the following:

1). Grant a permit for said expansion;
2). Deny said permit;
3). Grant said permit with any conditions deemed necessary by the City Council; or
4). Refer said matter back to the Planning Board with instruction for further investigation and recommendation.
**amended by ORD 2003-3**