A.   This title and all chapters herein shall be known and cited as the Zoning Ordinance and be referred to as the Zoning Regulations Title of the Official Ordinance of the City of Belgrade, Montana. (Ord. 2023-7, 7-17-2023)

   A.   The purpose of the Zoning Ordinance is to protect and promote the health, safety, and general welfare of the residents of the City of Belgrade, Montana in addition to the following objectives:

      1.   Govern land use decisions in the City of Belgrade in conformance with MCA § 76-2-304(1);

      2.   Implement the policies and goals contained in the officially adopted Growth Policy and other adopted plans;

      3.   Establish clear and efficient development review and approval procedures; and

      4.   Accommodate compatible, healthy, environmentally-sensitive, and orderly development in accordance with the preceding purposes. (Ord. 2023-7, 7-17-2023)

   Within the State of Montana, governing bodies must substantially comply with their adopted Growth Policy when adopting and implementing regulations like zoning and when considering proposed land uses. The state requires that the Growth Policy address eight (8) subject areas, including Land Use. This Zoning Ordinance document should be updated at regular intervals and assessed for consistency with the most recently adopted Growth Policy. (Ord. 2023-7, 7-17-2023)

   A.   Authority. This zoning ordinance is adopted pursuant to the powers granted and limitations imposed by Montana law and the City of Belgrade’s home-rule authority.

   B.   Severability. If any provision of this Zoning Ordinance or its application to any person, properties, or circumstances is held invalid, the remainder of the Zoning Ordinance or the application of the provision to other persons, properties, or circumstances is not affected.

   C.   Effective Date. This Zoning Ordinance shall become effective on INSERT DATE. The previously adopted Zoning Ordinance is hereby repealed and considered an archived Zoning Ordinance. A copy of the archived Zoning Ordinance shall remain on file at the City of Belgrade Planning Department.

   D.   Applicability. The regulations of this zoning ordinance apply to all development, public or private, within the corporate limits of the City of Belgrade. In addition to the requirements of the zoning ordinance, all uses and development must comply with all other applicable city, state and federal regulations.

   E.   Conflicting Provisions. This Zoning Ordinance is not intended to interfere with, abrogate or annul any easement, covenant, deed restriction or other agreement between private parties. If the provisions of this Zoning Ordinance impose a greater restriction than imposed by a private agreement or covenant, the provisions of this Zoning Ordinance shall control. Where this Zoning Ordinance conflicts with other city, state, or federal regulations, the more restrictive provision will control, to the extent permitted by law. The more restrictive provision is the one that imposes more stringent controls.

   F.   Ordinance Figures, Images, or Tables. If a conflict occurs between text in this Ordinance and a figure, image, graphic, or photo in this Ordinance, the text shall control. If a conflict occurs between text in this Ordinance and a table in this Ordinance, the table shall control. (Ord. 2023-7, 7-17-2023)

 

 

   B.   Official Zoning Map: The Community Development Department shall be responsible for all changes to the Official Zoning Map. The Official Zoning Maps shall be available in the City Office and shall bear a certificate with the signature of the Mayor, attested by the City Clerk, and the date of adoption of this map.

      1.   No unauthorized person may alter or modify the Official Zoning Map.

      2.   The certificate should read as follows: “This is to certify that this is an Official Zoning Map referred to in Section 10.01.05 of the Official Zoning Ordinance of the City of Belgrade, Montana.”

      3.   If any changes to the map are made by amendment of this chapter in accordance with Section 10.06.11 hereof, such changes shall be made to the Official Zoning Map and signed, dated, and certified upon the map or upon the material attached thereto.

      4.   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 City Office shall be the final authority as to the current zoning status of land and water area, buildings, and other structures in the City.

      5.   In the event that the Official Zoning Maps become damaged, destroyed, or difficult to interpret because of the nature or number of changes and additions thereto, the City Council may adopt and certify new 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.

      6.   Interpretation of Boundaries shall be interpreted as follows where uncertainty exists:

         a.   When the zoning map shows a zoning district boundary as following a particular feature, or reflects a clear intent that the boundary follows the feature, the boundary will be construed as following that feature as it actually exists.

         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 arises over district boundaries, the City Council shall interpret the district boundary.

         c.   Boundaries indicated as approximately following the centerline of streets, highways, or alleys shall be construed to follow such centerline.

         d.   Boundaries indicated as approximately following platted lot lines shall be construed as following such lot lines;

         e.   Boundaries indicated as approximately following city limits shall be construed as following such city limits.

         f.   Boundaries indicated as approximately following railroad lines shall be construed as following such railroad lines;

         g.   Boundaries indicated as approximately following centerline of streams, rivers, canals, or ditches shall be construed as following such centerline.

         h.   Boundaries indicated as parallel to or extensions of features indicated on the Official Zoning Map shall be determined by the scale on the map. (Ord. 2023-7, 7-17-2023)

   A.   Language: When used in this Ordinance, the following rules for words must apply:

      1.   The words “shall”, “must”, “will”, “is to”, and “are to” are always mandatory.

      2.   “Should” is not mandatory but is strongly recommended; and “may” is permissive.

      3.   The present tense includes the past and future tenses; and the future tense includes the present.

      4.   The singular number includes the plural number, and the plural the singular, unless the natural construction of the word indicates otherwise.

      5.   The words “includes” and “including” must mean “including but not limited to...”.

      6.   When used to describe the applicability of two or more requirements of this Zoning Ordinance, the word “or” shall mean that compliance with any of the series is sufficient, and the words “and” and “and/or” must mean that compliance with all of the series is required.

      7.   The words “occupied” or “used” must be considered as though followed by the words “or intended, arranged or designed to be used or occupied”.

      8.   In case of any difference of meaning or implication between the text of this Zoning Ordinance and any caption or illustration, the text shall control.

      9.   In case of any difference of meaning or implication between a specific definition found elsewhere in this Ordinance and the definition found in this chapter, the specific definition shall control.

      10.   Time Limits. Whenever a number of days is specified in the Ordinance, or in any permit, condition of approval, or notice provided in compliance with the Ordinance, the number of days must be constructed as consecutive calendar days. A time limit shall extend to 5 p.m. on the following working day where the last of the specified number of days falls on a weekend or holiday.

      11.   Allowable Uses of Land. The Director has the authority to determine similar uses beyond what is identified in Section 10-3.4. The Director may also refer any issue of similar use to the City Council for their determination.

   B.   Front Street, Side Street, And Property Line Determinations: Front streets, side streets, and property lines shall be interpreted as follows:

      1.   Where only one street abuts a lot, that street is considered a front street.

      2.   For purpose of this provision, the front property line is the property line that “faces” and is adjacent to the front street.

      3.   A lot with more than one street front must designate at least one front street. A lot may have more than one front street. The Director will determine which streets are front streets based on:

         a.   The street or streets with the highest classification;

         b.   The established orientation of the block;

         c.   The street or streets abutting the longest face of the block;

         d.   The street or streets parallel to an alley within the block;

         e.   The street that the lot takes its address from; and

         f.   The pedestrian orientation of adjacent or abutting development, existing or proposed.

   C.   Measurement.

      1.   Measurement of Setbacks. The method of measuring setbacks is as follows:

   For an irregular shaped lot, required setbacks (e.g., front, side, rear setbacks) shall be determined by the Review Authority. Examples of setbacks on irregular shaped lots are illustrated in Figure 3 above.

         b.    In measuring a front or secondary front setback, the setback must be measured as the perpendicular distance between the closest edge of right-of way and the corner or face of structure closest to the street.

         c.   For lots fronting on a substandard street, the front and secondary front setbacks must be measured from the edge of right-of-way, based upon the City’s adopted street standards.

         d.    Through parcels must have a front setback on both opposing sides of the parcel.

   D.    Height Measurements.

      1.     Unless otherwise described in this Ordinance, the maximum allowable height must be measured as the vertical distance from the average elevation of the finished grade along the front of the building to the highest point of the building structure (see Figure 4 above).

         a.   Average elevation of the finished grade is determined by calculating the average of the highest and lowest elevation along natural or improved grade (whichever is more restrictive) along the front of the building parallel to the front street setback line (see Figure 3 above).

      2.   Flagpoles must be consistent with the height limit in the respective zoning district.

      3.   Agricultural structures and steeples attached to a place of worship are exempt from height maximum standards. (Ord. 2023-7, 7-17-2023; amd. Ord. 2023-9, 12-18-2023)

   A.   The following steps describe how to navigate this Zoning Ordinance:

      1.   Locate your property on the zoning map and identify which zoning district it falls within;

      2.   Within Chapter 2, Zones and Districts, find your zoning district and the corresponding section where the regulations applicable to that zoning district are displayed. The regulations therein apply to permitted property uses, and physical standards for buildings and sites;

      3.   Permitted uses can be found in Chapter 3, along with regulations for specific uses.

      4.   Additional regulations applicable to your zoning district can be found in Chapter 4, Generally Applicable Regulations (ie. Parking, Signage, Buffering/Landscaping, as well as other generally applicable regulations).

      5.   If your property existed prior to the adoption of this Zoning Ordinance, and aspects of your property are not in conformance with this document, see Chapter 7, Nonconformities to understand how nonconformities are handled in the Zoning Ordinance;

      6.   If you require a permit or an additional planning approval, see Chapter 6, Administration and Procedures to read about the corresponding application process; and

      7.   If the specific use of a term within this document is unclear, refer to the glossary for a definition of the term.

(Ord. 2023-7, 7-17-2023)