§ 17.23.020. Permitted uses.

Hereafter in the C-1 zone, no building or structure shall be erected, altered, enlarged, or relocated therein which is designed or intended to be used for any other than the following unless otherwise provided in this title:

1.

Any nonresidential use permitted conditionally in the R-1 Zone subject to the same conditions;

2.

Any retail use as long as the use is completely enclosed within a building not larger than five thousand square feet in gross floor area;

3.

Artist galleries;

4.

Bakery, retail only;

5.

Barber and beauty shops;

6.

Bicycle sales and repair shops;

7.

Book and stationery stores;

8.

Business and professional offices;

9.

Catering services;

10.

Christmas tree sales;

11.

Confectionery stores;

12.

Drugstores;

13.

Dry goods stores;

14.

Drycleaning pickup agencies including cleaning and pressing establishments; provided that any solvents used shall be approved by the Butte-Silver Bow Fire Department;

15.

Florists, excluding greenhouses;

16.

Fountains and ice cream stands;

17.

Frozen food rental lockers;

18.

Gift shops;

19.

Grocery, fruit, and vegetable stores;

20.

Hardware and paint stores;

21.

Hobby shops;

22.

Laundry pickup agencies and self-service laundries;

23.

Locksmith;

24.

Meat markets;

25.

Medical and dental offices and offices for the practice of healing sciences licensed by the State of Montana may be allowed by a conditional use permit from the board of adjustment after public hearing and a finding that such use will not be unduly detrimental to surrounding properties;

26.

Newsstands;

27.

Photographic studies and camera shops;

28.

Public service and utility buildings serving the surrounding neighborhood such as fire stations, telephone exchanges and electric substations;

29.

Residential apartments on the second floor of commercial businesses shall be allowed, except as provided under section 17.23.030, Conditional uses;

30.

Service stations may be permitted subject to the following conditions:

a.

An ornamental masonry fence, forty-two inches in height, shall be erected along all side property lines, although to be subject to the fence height requirements of subsection D. of section 17.50.020, and on all rear property lines which adjoin R zones (with or without an intervening alley). Reasonable alley exists are allowable.

b.

Service stations shall comply with the landscaping requirements of section 17.28.040 and, where the masonry fence is required, a five-foot wide strip shall be landscaped with trees adjoining said fence. The remainder of the site shall be paved or landscaped.

c.

The exterior of the building shall be harmonious with its surroundings and shall include some brick, stone, wood or similar material other than metal and glass. If said exterior and/or site improvements are such as to be of doubtful effect on the surroundings, the building inspector shall refer the application for the station to the Board of Adjustment for review.

d.

Lighting shall be directed away from adjoining properties.

e.

Outside operations shall be limited to the dispensing of gas, oil and water, changing tires and similar customary services. There shall be no outside storage of used merchandise unless from public view.

f.

There shall be no vehicle overhauling or disassembling.

g.

The keeping of rental utility trailers not exceeding two may be allowed as accessory to a service station. Such accessory use in excess of two trailers may be allowed only by a conditional use permit from the board of adjustment.

31.

Shoe sales and repair shops;

32.

Sporting goods stores;

33.

Variety and notions stores;

34.

Video electronic skill devices, provided they are installed as an accessory use to any use allowed under this section and, further provided, that no more than three devices are in place at any one time;

35.

Uses similar to those mentioned above may be permitted, subject to approval of the zoning officer;

36.

Other uses permitted under supplementary use regulations in sections 17.38.170 through 17.38.240, and accessory uses, buildings, and structures ordinarily appurtenant to any of the above permitted uses. Nothing in this section shall be interpreted as permitting establishments serving alcoholic beverages for consumption on the premises in the C-1 zone.

(Ord. No. 10-12, § 32, 1-19-2011)