HomeMy WebLinkAboutChapter_14 Zoning Districts and Zoning Maps
Title 18
Chapter 14
ZONING DISTRICTS AND ZONING MAP
Sections:
18.14.010 Use Districts Designated, Zoning Map Adopted
18.14.020 Official Map Availability, Certification, and Authority ~ Changes
18.14.030 Official Map Replacement Conditions
18.14.040 Boundary Interpretation Guidelines
18.14.050 Classification of Particular Uses - Planning Director and City Commission
Authority
18.14.060 Zoning of Annexed Territory
18.14.010 Use Districts Designated, Zoning Map Adopted
A. The city is divided into zones, or districts, as shown on the official zoning map(s)
which, together with all explanatory matter thereon, are adopted by this reference
and declared to be a part of this title.
S. For the purpose of this title, 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-O Residential Office District
RMH Residential Manufactured Home Community District
B-1 Neighborhood Business District
B-2 Community Business District
B-3 Central Business District
M-1 Light Manufacturing District
M-2 Manufacturing and Industrial District
B-P Business Park District
NEHMU North East Historic Mixed Use District
HMU Historic Mixed Use District
PLI Public Lands and Institutions District
NC Neighborhood Conservation Overlay District
EO Entryway Overlay District
CO Casino Overlay District
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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 title. 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 9 18.02.040.
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 title, establish 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. 1645 9 1, 2005)
18.14.020 Official Map Availability, Certification, and Authority - Changes
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 Clerk of the Commission
and the date of adoption of the ordinance codified in this title.
S. 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 Number 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. 1645 9 1,
2005)
18.14.030 Official Map Replacement Conditions
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.
S. If any changes to the map are made by amendment of this title in accordance with
Chapter 18.70, 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 Clerk of the Commission. The certificate should read as follows:
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This is to certify that this is an Official Zoning Map referred to in Section ,
of Ordinance Number , of the City of Bozeman, Montana.
Mayor:
Attested:
Date of Adoption:
(Ord. 16459 1, 2005)
18.14.040 Boundary Interpretation Guidelines
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(s);
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.
S. Where physical or cultural features existing on the ground are at a 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 may be subject to appeal to the City
Commission.
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. 1645 9 1, 2005)
18.14.050 Classification of Particular Uses - Planning Director and City Commission
Authority
A. The Planning Director shall determine the appropriate classification of a particular
use. In making this determination, the Planning Director shall find:
1. That the use is the same as one or more uses permitted in the district
wherein it is proposed to be located; or
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2. That the use is so similar to one or more uses permitted in the district
wherein it is proposed to be located as to be interpreted as the same, so
long as:
a. The use and its operation are compatible with the uses permitted
in the district wherein the use is proposed to be located;
b. The use will not cause substantial injury to values of property in
the neighborhood or district wherein it is proposed to be located;
and
c. Neither the intent of this title nor the intent of the district will be
abrogated by such classification;
d. Persons objecting to decision of the Planning Director regarding
a classification of a use carry the burden of proof to establish
error in the decision.
S. If a question arises concerning the appropriate classification of a particular use, the
Planning Director may submit the question to the City Commission to determine
whether the particular use is the same or so similar as to be interpreted the same
as a listed permitted or conditional use. In making such a determination, the City
Commission shall find that the criteria set forth in either Subsection (A)(1) or (A)(2)
of this section are met.
C. If a specific use is not listed and cannot be interpreted to be the same, or so similar
so as to be interpreted the same, as a listed accessory, principal, or conditional use,
the use shall not be allowed. However, an amendment to the text of this title may
be submitted for review and approval pursuant to the requirements of this title to
allow such use as a listed principal, conditional, or accessory use. (Ord. 1645 9 1,
2005)
18.14.060 Zoning of Annexed Territory
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 designated and assigned
to a city zoning district. Areas of annexed public right-of-way(s) shall be considered to be zoned
according to the provisions of 9 18.14.040.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 Bozeman
growth policy. Any ordinance adopting such zoning amendment shall not be effective prior to the
effective date of such annexation. (Ord. 1645 9 1, 2005)
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