The ordinance codified in this chapter shall be known as the "Zoning Ordinance of the City of Hamilton" and shall be referred to herein as "this Title 17" or "this title."

(Ord. No. 441 , Exh. A, 6-6-23)

This Title 17 is adopted under the authority of the Municipal Zoning Enabling Act (MCA 76-2-301, et seq.).

(Ord. No. 441 , Exh. A, 6-6-23)

The zoning jurisdiction of the City of Hamilton shall include the land within the corporate limits of the city.

(Ord. No. 441 , Exh. A, 6-6-23)

A.

The purpose of this Title 17 is to adopt and enforce such regulations that:

1.

Are designed in accordance with the growth policy or comprehensive plan;

2.

Are designed to lessen congestion in the streets;

3.

Will secure safety from fire, panic and other dangers;

4.

Will promote health and the general welfare;

5.

Will provide adequate light and air;

6.

Will prevent the overcrowding of land;

7.

Will avoid undue concentration of population;

8.

Will facilitate the adequate provision of transportation, water, sewerage, schools, parks and other such public requirements;

9.

Give reasonable consideration to the character of the district;

10.

Give reasonable consideration to the district's particular suitability for specific uses;

11.

Give reasonable consideration to conserving the value of buildings; and

12.

Will encourage the most appropriate use of land throughout the jurisdictional area.

B.

Further, the intent of this Title 17 is to:

1.

Ensure that the land uses of the community are properly situated in relation to one another, providing adequate space for each type of development and preventing problems associated with incompatible uses;

2.

Control the density of development in each area of the community so that property can be adequately served by public facilities such as streets, schools, recreation and utility systems;

3.

Direct new growth into appropriate areas;

4.

Protect existing property by requiring that development afford adequate light, air and privacy for persons living and working within the municipality;

5.

Improve the quality of the physical environment of the community;

6.

Protect and maintain property values;

7.

Preserve and develop the economic base of the community; and

8.

Encourage the provision of affordable housing for households of all income levels.

C.

This Title 17 shall apply to all pending variances and conditional use permit applications, building permits and other requests and actions under this Title or other provisions of the Hamilton Municipal Code.

(Ord. No. 441 , Exh. A, 6-6-23)

A.

The official zoning map of Hamilton, Montana, and all notations, references and other information shown on the map are hereby incorporated by reference and made a part of this title. The official zoning map shall illustrate the current boundaries of all established zoning districts. If there is a conflict between the information on the official zoning map and the enabling ordinance, the wording of the enabling ordinance shall control.

B.

Maintenance of the official zoning map.

1.

The official zoning map shall be kept in the city clerk's office and in the office of the zoning administrator. It shall be the final authority as to the current status of zoning districts in the City of Hamilton.

2.

The official zoning map shall bear the signature of the mayor, attested to by the city clerk, and the date of adoption by the city council.

3.

The official zoning map shall bear the seal of the city under the following words, "This is to certify that this is the official zoning map of Hamilton, Montana, referred to in the Hamilton Municipal Code."

4.

Whenever any change is made to a zoning district boundary in accordance with the procedures set forth in this title, such change shall be promptly entered on the official zoning map, and a copy of the enabling ordinance shall be attached to the map.

5.

In January of each year, the official zoning map shall be updated to reflect the zoning district boundary changes that were approved to and attached to the official zoning map during the previous calendar year. The official zoning map shall be approved by resolution of the city council.

C.

Loss, damage or destruction of the official zoning map. In the event that the official zoning map becomes damaged, destroyed, lost or difficult to interpret, the city council may by resolution adopt a new official zoning map which shall supersede the prior official zoning map. The resolution may correct drafting or other errors or omissions in the prior map.

(Ord. No. 441 , Exh. A, 6-6-23)

Should any section or provisions of the ordinance codified in this title be declared unconstitutional or invalid by a court of competent jurisdiction, the decision shall not affect the validity of the ordinance as a whole, or any part thereof other than the part declared to be unconstitutional or invalid.

(Ord. No. 441 , Exh. A, 6-6-23)

Fees for the processing of applications under this Title 17 shall be set by the city council by resolution.

(Ord. No. 441 , Exh. A, 6-6-23)