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Columbus City Zoning Code

CHAPTER 17

12 - ESTABLISHMENT OF DISTRICTS

Sections:


17.12.010 - Intent.

It is the intent of this chapter to establish zones wherein compatible uses of land may be located to create, protect and maintain a desirable living environment, to stabilize and protect residential harmony and to conduct a profitable business. It is also the intent of this chapter to make it possible to efficiently and economically design and install public facilities in terms of size and capacity to adequately meet the needs resulting from a defined intensity of land use.

(Ord. 298 § 1 (part) (11.02.031), 1997)

17.12.020 - Districts.

For the purpose of this chapter, the city of Columbus and extraterritorial area are divided into the following zoning districts in which the erection, construction, alteration, reconstruction, repair or use of buildings, structures and land shall be regulated and restricted. The regulations in each district shall be uniform throughout each district but may differ from those in other districts.

AO Agricultural/open space

R-1 Residential, single-family (10,000 square feet)

R-2 Residential, single-family (5,500 square feet)

R-3 Residential, multi-family

RE Residential estates

RMH Residential manufactured homes

RP Residential professional

CBD Central business district

HC Highway commercial

LI Light industrial

HI Heavy industrial

AP Airport

FP Floodplain (reserved)

P Public

SOD Superfund overlay district

AO Agricultural/Open Space. A zone designed to preserve land for agricultural and related use. Land within this zone is usually unsubdivided and with a minimum of roads, streets, and other utilities. It may be cultivated acreage or land less suitable for cultivation, yet suitable for various agricultural enterprises using the broadest scope of the agricultural definition. Land within this zone may be located adjacent to highways and arterial streets. The AO zone is further intended to discourage the scattered intrusion of uses not compatible with an agricultural rural environment.

AP Airport. A zone designated to preserve existing clear zones and establish compatible land uses around the Columbus Airport.

CBD Central Business District. The central business district classification is intended to primarily accommodate stores, hotels, governmental and cultural centers and service establishments at the central focal point of the city's transportation system.

FP Floodplain. A zone designated to restrict the types of uses allowed within the areas designated as the floodplain and floodways as officially adopted by the Montana Board of Natural Resources and Conservation, Helena, Montana.

HC Highway Commercial. The purpose of the highway commercial district is to provide areas for commercial and service enterprises which are intended primarily to serve the needs of the tourist, traveler, recreationist, or the general traveling public. Areas designated as highway commercial should be located in the vicinity of, and accessible from freeway interchanges, intersections in limited access highways, or adjacent to primary or secondary highways. The manner in which the services and commercial activities are offered should be carefully planned in order to minimize the hazard to the safety of the surrounding community and those who use such services, and to prevent long strips of commercially zoned property.

HI Heavy Industrial. A district intended to accommodate manufacturing, processing, fabrication and assembly of materials and products. Areas designated as heavy industry should have access to two or more major transportation modes or routes, and such sites should have adjacent space for parking and loading facilities.

LI Light Industrial. A light industrial classification is intended primarily to accommodate a variety of business warehouse and light industrial uses related to other business and light industries not compatible with other zones, but which need not be restricted in industrial zones, and to provide locations directly accessible to arterial and other transportation systems where they can conveniently serve the business and industrial center of the city and the surrounding area.

P Public. The public zone is intended to reserve land exclusively for public and semipublic uses in order to preserve and provide adequate land for a variety of community facilities which serve the public health, safety and general welfare.

R-3 Residential Multi-Family. A residential zone intended to provide a suitable residential environment for medium to high density residential dwellings, and to establish, where possible, a buffer between residential and commercial zones.

R-2 Residential, Single-Family (6,000 square feet). A zone intended to promote an area for a low to medium, urban-density, single-family residential environment on lots that are usually served by a public water and sewer system.

R-1 Residential, Single-Family (10,000 square feet). A zone intended to provide an area for low, urban-density, single-family, residential environment on lots that are usually served by a public water and sewer system.

RE Residential Estates. A residential zone intended to provide for reasonable single family development in areas not served by central water and sewer or areas with other physical limitations.

RMH Residential Manufactured Homes. A residential zone intended to provide a suitable residential environment for individual manufactured homes, manufactured home parks, and compatible accessory uses.

RP Residential Professional. A residential zone intended to permit professional and semiprofessional uses compatible with surrounding residential development.

SOD Superfund Overlay District. A superfund overlay district designation intended to create additional safeguards to protect public health, safety and welfare in areas where soils and groundwater were affected by an EPA designated superfund site.

(Ord. 298 § 1 (part) (11.02.032), 1997)

(Ord. No. 354, § 1(Exh. A), 10-15-2018; Ord. No. 359, § 3, 7-19-2021)

17.12.030 - Boundaries of districts and zoning map.

The location and boundaries of districts established in the city and its extraterritorial area are shown on the official zoning map of the city. This map is entitled "Zoning Map of the City of Columbus, Montana," and is on file in the office of the city clerk. This map is adopted by reference and declared to be a part of this title.

(Ord. 298 § 1 (part) (11.02.033), 1997)

(Ord. No. 354, § 1(Exh. A), 10-15-2018)

17.12.040 - Certificate.

The official zoning maps shall be available in the City Hall and shall bear a certificate with the signature of the mayor, attested by the city clerk, and the date of adoption. The certificate should read as follows: "This is to certify that this is an Official Zoning Map referred to in Section 17.12.030 of the official zoning code of the City of Columbus, Montana."

Mayor ___________

Attested ___________

Date of Adoption ___________

If any changes to the map are made by amendments of this title, such changes shall be made to the official zoning maps and signed, dated and certified upon the map or upon the material attached thereto.

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 Hall shall be the final authority as to the current zoning status of land and water area, buildings and other structures in the city and extraterritorial area.

In the event that the official zoning maps become damaged, destroyed, lost 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.

The new official zoning maps shall be identified by signature of the mayor, attested by the city clerk and dated. The certificate should read as follows: "This is to certify that this is an official replacement map of the Official Zoning Map referred to in Section 17.12.030 of the Official Zoning Code of the City of Columbus, Montana."

Mayor ___________

Attested ___________

Dated ___________

(Ord. 298 § 1 (part) (11.02.034), 1997)

(Ord. No. 354, § 1(Exh. A), 10-15-2018)

17.12.050 - Interpretation of district boundaries.

Where uncertainties exist as to the boundaries of the various districts as shown on the zoning map accompanying the ordinance codified in this title and made a part of this title by reference, the following rules shall apply:

A.

District boundary lines are intended to follow street, alley, or lot lines, or lines parallel to or perpendicular thereto; unless such district boundary lines are fixed by dimensions as shown on the zoning map.

B.

Where district boundaries are indicated as approximately following street or alley lines or proposed street or alley lines, such lines shall be construed to be such boundaries.

C.

Where district boundaries are so indicated that they approximately follow lot lines and are not more than ten feet distant therefrom, such lot lines shall be such boundaries.

D.

Where land within the city limits is not subdivided into lots and blocks or where district boundary lines are not approximately street, alley or lot lines, the district boundary lines on the zoning map shall be determined by the scale shown on such map, and where uncertainty exists, the district boundary line shall be determined by the zoning commission by written decision. If land within the city limits has been or is subsequently subdivided into lots and blocks by a duly recorded subdivision map and the lot and block arrangement does not conform to that anticipated when the district boundaries were established, or property is resubdivided by a duly recorded subdivision map into a different arrangement of lots and blocks than shown on the zoning map, the zoning commission after notice to the owners of property affected thereby and public hearing, may interpret the zoning map and make minor readjustments in the district boundaries in such a way as to carry out the intent and purpose of these regulations and conform to the street and lot layout of the ground. Such interpretations or adjustments shall be by written decision, and thereafter the copies of the zoning map in the City Hall shall be changed to conform thereto.

E.

Any street, alley or railroad right-of-way, watercourse, channel or body of water, included on the zoning map shall, unless otherwise indicated, be included within the zoning district of adjoining property on either side thereof. Where such street, alley, right-of-way, watercourse, channel or body of water serves as a boundary between two or more different zoning districts, a line midway in such street, alley, right-of-way, watercourse, channel or body of water, and extending in the general direction of the long dimension thereof shall be considered the boundary between zones. If a dedicated street or alley shown on the zoning map is vacated by ordinance, the property formerly in such street or alley shall be included within the zone of the adjoining property on either side of such vacated street or alley. In the event such street or alley was a zone boundary between two or more different zones, the new zone boundary shall be the former centerline of such vacated street or alley.

F.

All land or territory annexed to the city after the date of adoption of this title shall be zoned as specified in an annexation plan. If the zoning classification is not specified in an annexation plan, the annexed property shall be classified as an R-1 residential district and the zoning map shall thereupon be amended to indicate such land or territory in the R-1 residential district without additional procedure.

(Ord. 298 § 1 (part) (11.02.035), 1997)

(Ord. No. 354, § 1(Exh. A), 10-15-2018)

17.12.060 - Interpretation of uses.

If questions arise concerning the appropriate classification of a particular use, or if the specific use is not listed the zoning commission shall make a recommendation to the city council on the appropriate classification for that use.

In interpreting use classification, the zoning commission shall determine:

A.

That the use and its operation are compatible with the uses permitted in the district wherein the use is proposed to be located;

B.

That the use is similar to one or more uses permitted in the district wherein it is proposed to be located;

C.

That the use will not cause substantial injury to the values of property in the neighborhood or district wherein it is proposed to be located;

D.

That neither the intent of the title nor the intent of the district will be abrogated by such classification.

(Ord. 298 § 1 (part) (11.02.036), 1997)

(Ord. No. 354, § 1(Exh. A), 10-15-2018)