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Lewistown City Zoning Code

CHAPTER 1

TITLE AND PURPOSE

11-1-1: TITLE:

This title shall be known and may be referred to as THE CITY ZONING TITLE for the city of Lewistown, Montana, June 15, 1989. (Ord. 1576, 5-1-1989, eff. 6-15-1989)

11-1-2: PURPOSE:

The purpose of this title is to promote the health, safety, and general well being of the community by regulating the density of population; percentage of lot that may be occupied; open space; height and size of buildings and structures; and location and use of buildings, structures and land for residence, trade, industry and other purposes within the jurisdictional area. (Ord. 1576, 5-1-1989, eff. 6-15-1989)

11-1-3: ADOPTION OF COMPREHENSIVE PLAN:

The city-county planning board directed the preparation of a comprehensive plan for Lewistown, Montana, and recommended adoption of the same: that a comprehensive plan for Lewistown, Montana, has been submitted and filed with the city clerk. (Ord. 1576, 5-1-1989, eff. 6-15-1989)

11-1-4: OFFICIAL ZONING MAP:

The city is hereby divided into zoning districts as shown on the official zoning map which, together with all explanatory matter thereon, is hereby adopted by reference and declared to be a part of this title. (Ord. 1576, 5-1-1989, eff. 6-15-1989)
The official zoning map shall be identified by the signature of the mayor or city manager attested by the city clerk. It shall be dated and bear the words "The Official Zoning Map of the City of Lewistown, Montana". (Ord. 1576, 5-1-1989, eff. 6-15-1989; amd. Ord. 1663, 1-3-2000)
Changes made in district boundaries shall be promptly entered on the official zoning map after amendment by the city commission. Amendments to the official zoning map shall not become effective until adopted by the city commission. The assistant city engineer or designated official shall be responsible for depicting zoning changes on the official zoning map. (Ord. 1576, 5-1-1989, eff. 6-15-1989; amd. Ord. 1664, 1-3-2000)
Regardless of the existence of purported copies of the official zoning map which may from time to time be published, the official zoning map shall be placed in the city vault. Such map shall be the final authority as to the current zoning status of land inside the jurisdictional area. (Ord. 1576, 5-1-1989, eff. 6-15-1989)
No changes shall be made on the official zoning map or matter shown thereon except in conformity with the provisions set forth in chapter 13 of this title. In the event the official zoning map is damaged or destroyed, the city commission may adopt a new official zoning map by resolution. No such map shall have the effect of amending the original zoning map or any subsequent amendment thereof. (Ord. 1576, 5-1-1989, eff. 6-15-1989; amd. Ord. 1664, 1-3-2000)

11-1-5: INTERPRETING DISTRICT BOUNDARIES:

   (A)   Boundaries within the jurisdiction indicated as appearing to follow the centerlines of streets, highways or alleys shall be construed to follow such centerlines. Perimeter city boundaries shall encompass the entire street, highway or alley.
   (B)   Boundaries indicated as appearing to follow platted lot lines shall be construed as following such lot lines.
   (C)   Boundaries indicated as appearing to follow the city limits shall be construed as following city limits. (Ord. 1576, 5-1-1989, eff. 6-15-1989)
   (D)   Boundaries indicated as following railroad lines shall be construed to midway between the main tracks as designated by the city commission, and in the event of change in the location of railroad lines, shall be construed as moving with the lines midway between the main tracks. (Ord. 1576, 5-1-1989, eff. 6-15-1989; amd. Ord. 1664, 1-3-2000)
   (E)   Boundaries indicated as approximately following the centerlines of streams, rivers, canals, lakes or other bodies of water shall be construed to follow such centerlines, and in the event of change in the location of streams, rivers, canals, lakes or other bodies of water, shall be construed as moving with the actual body of water and following the centerline.
   (F)   Boundaries indicated as parallel to or extensions of features indicated in subsections (A) through (E) of this section shall be so construed. Distances not specifically indicated on the official zoning map shall be determined by the scale of the map or by specific distances enumerated in an ordinance amending the official zoning map. (Ord. 1576, 5-1-1989, eff. 6-15-1989)
   (G)   Where physical or cultural features existing on the ground vary with those shown on the official zoning map or where circumstances or controversies arise over district boundaries, the city commission shall interpret the district boundary. (Ord. 1576, 5-1-1989, eff. 6-15-1989; amd. Ord. 1664, 1-3-2000)

11-1-6: INTERPRETING LAND USES:

If questions arise concerning the appropriate classification of a particular use or if a specific use is not listed, the city commission shall determine the appropriate classification for that use.
In interpreting land use classifications, the city commission shall determine that neither the intent of the title nor the intent of the district will be abrogated by such classification. (Ord. 1576, 5-1-1989, eff. 6-15-1989; amd. Ord. 1664, 1-3-2000)

11-1-7: APPLICATION OF DISTRICT REGULATIONS:

Within the various zoning districts as herein defined and as indicated on the official zoning map and subject to the requirements of chapter 3 of this title, buildings or structures shall not be erected, reconstructed, or structurally altered, nor shall any land, building or structure be used for any purpose: a) as it is allowed in the district in which such building, land or use is located or b) satisfies the requirements of chapter 5, "Nonconforming Uses", or chapter 6, "Conditional Uses", of this title. (Ord. 1576, 5-1-1989, eff. 6-15-1989)

11-1-8: AREA OF JURISDICTION:

The zoning regulations of the city of Lewistown, Montana, are to be enforced within the corporate limits of the city of Lewistown. (Ord. 1576, 5-1-1989, eff. 6-15-1989)