1 - ZONING DISTRICTS AND OVERLAY DISTRICTS ESTABLISHED
The purpose and intent of this article are to:
Establish Zoning Districts. Establish zoning districts and zoning overlay districts that provide appropriately located areas for residential, nonresidential, and public uses consistent with the Baker Growth Policy.
Zoning Map. Establish the Official Zoning Map of the City of Baker.
Public Health, Safety. Protect and enhance the public health, safety, morals, and general welfare of the citizens of Baker.
Compatibility. Promote compatibility among the various land uses and incorporate the future land use map as identified in the Baker Growth Policy.
The following zoning districts and zoning overlay districts:
Residential Zoning Districts
A.
Single household residential zoning
district (R-1)
B.
One and two household residential
district (R-2)
C.
Limited multiple household residential
zoning district (R-3)
D.
Multiple household residential zoning
district (R-4)
Commercial/Manufacturing/Industrial Zoning Districts
A.
General commercial zoning district (C-1)
B.
Downtown commercial zoning district (C-2)
C.
Mixed use zoning district (C-3)
D.
Industrial zoning district (I-1)
Public Zoning Districts
A.
Unincorporated (UN) (map only)
B.
Public-parks (P-1)
Zoning Overlay Districts
A.
Airport influence district (A-I)
Floating Zoning District
A.
Planned unit development (PUD)
"The official Zoning Map of the City of Baker" that is adopted and made a part of Title 17 as if it were set out here in full detail, shows the location and boundaries of the zoning districts established by this ordinance. The map is on file in the office of the City of Baker. The zoning administrator shall maintain the zoning map and must revise the map to reflect amendments approved by the city council as soon as possible after the effective date of the amendments. No unauthorized person may alter or modify the zoning map. The zoning administrator may authorize printed copies of the map to be produced for distribution and shall maintain printed or digital copies of all versions of the map for historical reference.
Certification. The official zoning map shall bear a certificate with the signature of the mayor, attested by the city clerk, and the dates of adoption of this ordinance and the official zoning map. This ordinance and the certified official zoning map shall be filed with and kept in the Office of the Clerk of the City of Baker.
This certification on the official zoning map shall read as follows: "This is the Official Zoning Map of the City of Baker, Montana as approved by the City Council on this 17th day of August 2022. All prior versions of the Official Zoning Map of the City of Baker are hereby repealed and replaced."
Regardless of the existence of purported copies of the Official Zoning Map of the City of Baker, the Official Zoning Map of the City of Baker bearing the original signatures of the mayor and city clerk filed and kept in the Office of the Clerk of the City of Baker shall be the final authority as to the current zoning status of land, buildings, or other structures in the city.
When the ordinance establishing a zoning district boundary describes the boundary as following a certain feature or reflects a clear intent that the boundary follows a certain feature, the boundary shall be construed as following that feature as it actually exists at the time the zoning district boundary is established. When an ordinance does not describe the zoning district boundary, the following rules shall be used by the zoning administrator to determine the boundary.
Right-of-Way Boundaries. Zoning district boundaries depicted on the zoning map shall follow the parcel boundaries as defined and should not extend to the centerline of the right of way unless absolutely necessary.
Parallel Features. Boundaries shown on the map as approximately parallel to features or lines shall be construed as parallel to the feature or line.
City Limits. Boundaries shown on the map as approximately following lines of the city limits shall be construed as following the lines of the city limits.
Water Features. Boundaries shown as approximately following the center line of rivers, creeks, streams, canals, lakes, ditches, or other bodies of water shall be construed as following the center line of the body of water. Boundaries shown as approximately following the shoreline of a body of water shall be construed to follow the shoreline. In the event of a natural change in a shoreline or center line, the district boundary shall be construed as moving with the actual shoreline or center line to its new location. In the event of a change directly or indirectly resulting from human actions, the district boundary shall not be construed as following the new shoreline or center line unless a zoning map amendment is approved by the city council to change the district boundary.
Section Lines. Boundaries shown to follow section lines or quarter section lines shall be construed as following such lines.
Undefined Boundaries. The location of a boundary that cannot be determined from the application of the above rules shall be determined by measuring the distance between the mapped boundary and other features shown on the map.
Conflicts with Boundaries. Where uncertainty exists as to the boundary of a zoning district, or when the street, property lines or other features existing on the ground conflict with those on the zoning map, the zoning administrator shall interpret and determine the location of said boundary. The zoning administrator's determination may be appealed to the board of adjustment pursuant to appeals.
Any land added to the City of Baker is automatically zoned the lowest residential density until such time as the city council approves a different zoning classification.
Annexations. All new additions and annexations of land to the City of Baker shall be zoned single household residential zoning district (R-1), unless otherwise classified by the city council as part of the annexation decision and is pre-zoned to a different zoning district following such pre-zoning procedures. The city council can amend the zoning map to reclassify the land to a different zoning classification at a later time following the rezoning procedures.
Abandoned Rights-of-Way, Federal and State Land. All rights-of-way abandoned, sold, or vacated by any county, city, state or federal agency shall be assigned the same zoning classification of the adjoining land (or the acquired property when an acquisition is in conjunction with a right-of-way vacation) unless the city council amends the zoning map to reclassify the land to a different zoning classification.
Lot or Parcel in More Than One Zoning District. A lot or parcel located in more than one zoning district may be developed as a single development. The entire lot or parcel shall be used to meet the minimum site area requirements of the more restrictive zone. The uses allowed must follow the most restrictive zone requirements until such parcel is subdivided or rezoned to one zone.
1 - ZONING DISTRICTS AND OVERLAY DISTRICTS ESTABLISHED
The purpose and intent of this article are to:
Establish Zoning Districts. Establish zoning districts and zoning overlay districts that provide appropriately located areas for residential, nonresidential, and public uses consistent with the Baker Growth Policy.
Zoning Map. Establish the Official Zoning Map of the City of Baker.
Public Health, Safety. Protect and enhance the public health, safety, morals, and general welfare of the citizens of Baker.
Compatibility. Promote compatibility among the various land uses and incorporate the future land use map as identified in the Baker Growth Policy.
The following zoning districts and zoning overlay districts:
Residential Zoning Districts
A.
Single household residential zoning
district (R-1)
B.
One and two household residential
district (R-2)
C.
Limited multiple household residential
zoning district (R-3)
D.
Multiple household residential zoning
district (R-4)
Commercial/Manufacturing/Industrial Zoning Districts
A.
General commercial zoning district (C-1)
B.
Downtown commercial zoning district (C-2)
C.
Mixed use zoning district (C-3)
D.
Industrial zoning district (I-1)
Public Zoning Districts
A.
Unincorporated (UN) (map only)
B.
Public-parks (P-1)
Zoning Overlay Districts
A.
Airport influence district (A-I)
Floating Zoning District
A.
Planned unit development (PUD)
"The official Zoning Map of the City of Baker" that is adopted and made a part of Title 17 as if it were set out here in full detail, shows the location and boundaries of the zoning districts established by this ordinance. The map is on file in the office of the City of Baker. The zoning administrator shall maintain the zoning map and must revise the map to reflect amendments approved by the city council as soon as possible after the effective date of the amendments. No unauthorized person may alter or modify the zoning map. The zoning administrator may authorize printed copies of the map to be produced for distribution and shall maintain printed or digital copies of all versions of the map for historical reference.
Certification. The official zoning map shall bear a certificate with the signature of the mayor, attested by the city clerk, and the dates of adoption of this ordinance and the official zoning map. This ordinance and the certified official zoning map shall be filed with and kept in the Office of the Clerk of the City of Baker.
This certification on the official zoning map shall read as follows: "This is the Official Zoning Map of the City of Baker, Montana as approved by the City Council on this 17th day of August 2022. All prior versions of the Official Zoning Map of the City of Baker are hereby repealed and replaced."
Regardless of the existence of purported copies of the Official Zoning Map of the City of Baker, the Official Zoning Map of the City of Baker bearing the original signatures of the mayor and city clerk filed and kept in the Office of the Clerk of the City of Baker shall be the final authority as to the current zoning status of land, buildings, or other structures in the city.
When the ordinance establishing a zoning district boundary describes the boundary as following a certain feature or reflects a clear intent that the boundary follows a certain feature, the boundary shall be construed as following that feature as it actually exists at the time the zoning district boundary is established. When an ordinance does not describe the zoning district boundary, the following rules shall be used by the zoning administrator to determine the boundary.
Right-of-Way Boundaries. Zoning district boundaries depicted on the zoning map shall follow the parcel boundaries as defined and should not extend to the centerline of the right of way unless absolutely necessary.
Parallel Features. Boundaries shown on the map as approximately parallel to features or lines shall be construed as parallel to the feature or line.
City Limits. Boundaries shown on the map as approximately following lines of the city limits shall be construed as following the lines of the city limits.
Water Features. Boundaries shown as approximately following the center line of rivers, creeks, streams, canals, lakes, ditches, or other bodies of water shall be construed as following the center line of the body of water. Boundaries shown as approximately following the shoreline of a body of water shall be construed to follow the shoreline. In the event of a natural change in a shoreline or center line, the district boundary shall be construed as moving with the actual shoreline or center line to its new location. In the event of a change directly or indirectly resulting from human actions, the district boundary shall not be construed as following the new shoreline or center line unless a zoning map amendment is approved by the city council to change the district boundary.
Section Lines. Boundaries shown to follow section lines or quarter section lines shall be construed as following such lines.
Undefined Boundaries. The location of a boundary that cannot be determined from the application of the above rules shall be determined by measuring the distance between the mapped boundary and other features shown on the map.
Conflicts with Boundaries. Where uncertainty exists as to the boundary of a zoning district, or when the street, property lines or other features existing on the ground conflict with those on the zoning map, the zoning administrator shall interpret and determine the location of said boundary. The zoning administrator's determination may be appealed to the board of adjustment pursuant to appeals.
Any land added to the City of Baker is automatically zoned the lowest residential density until such time as the city council approves a different zoning classification.
Annexations. All new additions and annexations of land to the City of Baker shall be zoned single household residential zoning district (R-1), unless otherwise classified by the city council as part of the annexation decision and is pre-zoned to a different zoning district following such pre-zoning procedures. The city council can amend the zoning map to reclassify the land to a different zoning classification at a later time following the rezoning procedures.
Abandoned Rights-of-Way, Federal and State Land. All rights-of-way abandoned, sold, or vacated by any county, city, state or federal agency shall be assigned the same zoning classification of the adjoining land (or the acquired property when an acquisition is in conjunction with a right-of-way vacation) unless the city council amends the zoning map to reclassify the land to a different zoning classification.
Lot or Parcel in More Than One Zoning District. A lot or parcel located in more than one zoning district may be developed as a single development. The entire lot or parcel shall be used to meet the minimum site area requirements of the more restrictive zone. The uses allowed must follow the most restrictive zone requirements until such parcel is subdivided or rezoned to one zone.