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Article 3. Zoning Districts & Land Uses

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ARTICLE 3. ZONING DISTRICTS & LAND USES 38.300 Zones, Maps & Designations (Article 7) FOOTNOTE(S): --- (6) --- State Law reference— Municipal zoning, MCA 76-2-301 et seq. Part 1: Zoning Districts & Zoning Map Sec. 38.300.010. - Use districts designated, zoning map adopted. (38.07.010) A. The city is divided into zones, or districts, as shown on the official zoning map which, together with all explanatory matter thereon, is adopted by this reference and declared to be a part of this chapter. B. For the purpose of this chapter, the city is divided and classified into the following use districts: R-S Residential Suburban District R-1 Residential Single-Household Low Density District R-2 Residential Two-Household Medium Density District R-3 Residential Medium Density District R-4 Residential High Density District R-5 Residential Mixed-Use High Density District R-O Residential-Office District RMH Residential Manufactured Home Community District B-1 Neighborhood Business District B-2 Community Business District B-2M Community Business District - Mixed B-3 Central Business District UMU Urban Mixed-Use District M-1 Light Manufacturing District M-2 Manufacturing and Industrial District B-P Business Park District PLI Public Lands and Institutions District NEHMU Northeast Historic Mixed-Use District NC Neighborhood Conservation Overlay District EO Entryway Corridor Overlay District CO Casino Overlay District REMU Residential Emphasis Mixed-use District C. Placement of any given zoning district on an area depicted on the zoning map indicates a judgment on the part of the city that the range of uses allowed within that district are generally acceptable in that location. It is not a guarantee of approval for any given use prior to the completion of the appropriate review procedure and compliance with all of the applicable requirements and development standards of this chapter and other applicable policies, laws and ordinances. It is also not a guarantee of immediate infrastructure availability or a commitment on the part of the city to bear the cost of extending services. D. Individual zoning districts are adopted for the purposes described in section 38.100.040. A variety of districts is established to provide locations for the many uses needed within a healthy and dynamic community. Each district, in conjunction with other standards incorporated in this chapter, establishes allowable uses of property, separates incompatible uses, and sets certain standards for use of land. This provides predictability and reasonable expectation in use of land within particular zoning designations and sites. (Ord. No. 1645, § 18.14.010, 8-15-2005; Ord. No. 1681, § 1, 6-4-2007; Ord. No. 1769, exh. D(18.14.010), 12-28- 2009; Ord. No. 1802, § 1, 4-11-2011) Sec. 38.300.020. - Official map availability, certification and authority; changes. (38.07.020) A. The official maps shall be available in the planning department and shall bear a certificate with the signature of the mayor attested by the city clerk and the date of adoption of the ordinance codified in this chapter. B. This certificate should read as follows: This is to certify that this is an Official Zoning Map referred to in section ____________ of Ordinance No. ____________ of the City of Bozeman, Montana. Mayor ____________ Attested ____________ Date of Adoption ____________ C. Regardless of the existence of purported copies of the official zoning maps, which may from time to time be made or published, the official zoning maps kept in the planning department shall be the final authority as to the current zoning status of land and water areas, buildings and other structures in the city. (Ord. No. 1645, § 18.14.020, 8-15-2005; Ord. No. 1769, exh. D(18.14.020), 12-28-2009) BOZEMAN UDC RE-ORGANIZATION - DRAFT Page 170 September 28, 2016 article 3 Sec. 38.300.030. - Official map replacement conditions. (38.07.030) A. In the event that the official zoning maps become damaged, destroyed, lost or difficult to interpret because of the nature or number of changes or additions thereto, the city commission may adopt and certify new official zoning maps which shall supersede the prior official zoning maps. The new official zoning maps may correct drafting or other errors or omissions in the prior map, but no such corrections shall have the effect of amending the original official zoning maps or any subsequent amendment thereof. B. If any changes to the map are made by amendment of this chapter in accordance with division 38.260 of this chapter, such changes shall be made to the official zoning maps and signed, dated and certified upon the map or upon the material attached thereto. C. The new official zoning maps shall be identified by signature of the mayor attested by the city clerk. The certificate should read as follows: This is to certify that this Official Zoning Map supersedes and replaces the Official Zoning Map adopted as part of Ordinance No. ____________ of the City of Bozeman, Montana. Mayor ____________ Attested ____________ Date of Adoption ____________ (Ord. No. 1645, § 18.14.030, 8-15-2005; Ord. No. 1769, exh. D(18.14.030), 12-28-2009) Sec. 38.300.040. - Boundary interpretation guidelines. (38.07.040) A. Where uncertainty exists as to the boundaries of districts as shown on the official zoning map, the boundaries shall be interpreted as following the nearest logical line to that shown: 1. Boundaries indicated as approximately following the centerline of streets, highways or alleys shall be construed to follow such centerlines; 2. Boundaries indicated as approximately following platted lot lines shall be construed as following such lot lines; 3. Boundaries indicated as approximately following city limits shall be construed as following such city limits; 4. Boundaries indicated as following railroad lines shall be construed to be midway between the main track; 5. Boundaries indicated as following the centerline of streams, rivers, canals or ditches shall be construed to follow such centerlines; and 6. Boundaries indicated as parallel to or extensions of features indicated on the official zoning map shall be determined by the scale of the map. B. Where physical or cultural features existing on the ground are at variance with those shown on the official zoning map, or where other circumstances or controversy arise over district boundaries, the planning director shall interpret the district boundary. Such interpretation is subject to appeal as set forth in division 38.250. BOZEMAN UDC RE-ORGANIZATION - DRAFT Page 171 September 28, 2016 article 3 C. Where district boundaries divide a lot or parcel into two or more districts, the entire lot or parcel shall be deemed to have only the characteristics and uses of the most restrictive district that any part of the lot or parcel rests within. However, for properties which lie partially within a specified overlay district, the planning director may determine that overlay district regulations shall apply only to that portion of the property lying within the specified overlay district. The criteria for making such a determination shall include an evaluation of site topography and the degree to which the development portion of the property lying outside of the overlay district is integrated with the development lying within the district. (Ord. No. 1645, § 18.14.040, 8-15-2005; Ord. No. 1769, exh. D(18.14.040), 12-28-2009; Ord. No. 1828, § 10, 9- 10-2012) Sec. 38.300.050. - Zoning of annexed territory. (38.07.060) A. All territory which may hereafter be annexed to the city shall, in conjunction with the annexation, be the subject of a zone map amendment in order to be designed and assigned to a city zoning district. B. Areas of annexed public right-of-way shall be considered to be zoned according to the provisions of section 38.300.040.A. The city commission shall determine the appropriate zoning for any and all areas to be annexed to the city but shall request a recommendation from the zoning commission and shall take into consideration the city growth policy. Any ordinance adopting such zoning amendment shall not be effective prior to the effective date of such annexation. (Ord. No. 1645, § 18.14.060, 8-15-2005; Ord. No. 1769, exh. D(18.14.060), 12-28-2009) Part 2: Zoning District Intent & Purpose Statements Sec. 38.300.100. – Residential zoning districts - intent and purpose. (38.08.010) A. The intent and purpose of the residential zoning districts is to establish areas within the city that are primarily residential in character and to set forth certain minimum standards for development within those areas. The purpose in having more than one residential district is to provide opportunities for a variety of housing types and arrangements within the community while providing a basic level of predictability. There is a rebuttable presumption that the uses set forth for each district will be compatible with each other when the standards of this chapter are met and any applicable conditions of approval have been satisfied. Additional requirements for development apply within overlay districts. All development is subject to section 38.100.050. Residential density is correlated with many community goals and objectives that are contained in the city's adopted growth policy, as well as many standards and purposes of this chapter. Table 38.320.020 sets standards for minimum densities in residential districts which will advance these goals, objectives, and purposes. 1. The intent and purpose of the R-S residential suburban district is to allow open space, resource protection and primarily single-household development in circumstances where environmental constraints limit the desirable density. All new subdivision and site plan developments in this district shall be subject to the provisions of division 38.430 of this chapter, pertaining to planned unit BOZEMAN UDC RE-ORGANIZATION - DRAFT Page 172 September 28, 2016 article 3 development, and shall be developed in compliance with the adopted city growth policy.
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