Malta City Zoning Code
PERMITS; DISTRICTS
REQUIREMENTS; OFFICIAL ZONING MAP
§ 156.035 PERMIT REQUIRED.
(A) (1) A zoning permit must be obtained from the city’s Zoning Administrator before any building, other structure or land may be used or occupied, or before any building or other structure permitted under this chapter may be erected, moved, expanded or structurally altered.
(2) The Zoning Administrator may issue a zoning permit only when the proposed building, structure, parcel or use will meet the requirements of this chapter.
(B) The requirements of this chapter operate in addition to those requirements established under other city code provisions; except that, where conflicts with other city code provisions may occur, these zoning requirements shall govern.
(C) A conditional use permit must be obtained from the Zoning Commission before those uses specified as conditional uses within certain zoning districts may be established. The Zoning Commission may issue a conditional use permit only when the proposed use will meet both the requirements of the particular district involved and the conditions specified for the use.
(D) Any person required to obtain a zoning permit or conditional use permit under these regulations must submit to the Zoning Administrator an application with all the required information specified by the application.
(Prior Code, § 17.16.010) (Ord. 390, passed - -1993)
§ 156.036 DISTRICTS ESTABLISHED.
Within the jurisdictional area specified in § 156.003 of this chapter, zoning districts are hereby established and are shown on the official zoning map described in § 156.038 of this chapter. Sections 156.055 through 156.063, 156.075 through 156.085, 156.100 through 156.110, 156.125 through 156.131, 156.145 through 156.155, 156.170 through 156.179, 156.190 through 156.194 and 156.205 through 156.209 of this chapter set forth the specific requirements which must be met by any proposed building, structure or use located within each district.
(Prior Code, § 17.16.020) (Ord. 390, passed - -1993)
§ 156.037 INTERPRETATION OF DISTRICT BOUNDARIES.
Where uncertainty may exist as to the location of district boundaries as shown on the official zoning map, the following rules shall apply in interpreting the nearest logical line to that shown.
(A) Boundaries shall be construed as following center lines of streets, highways or alleys.
(B) Boundaries shall be construed as following the center lines of streams, rivers, canals or ditches.
(C) Boundaries shall be construed as following a line midway between the main tracks of a railroad right-of-way.
(D) Boundaries shall be construed as following platted lot lines.
(E) Boundaries shall be construed as following the boundaries of the incorporated city limits.
(F) Boundaries shall be construed as parallel to or extensions of features indicated on the official zoning map.
(G) Where physical or cultural features existing on the ground are different from those shown on the official zoning map, or where circumstances arise not covered by the rules above, the Board of Adjustment shall interpret the district boundaries.
(Prior Code, § 17.16.030) (Ord. 390, passed - -1993)
§ 156.038 INCORPORATION OF OFFICIAL ZONING MAP.
(A) The “Official Zoning Map of Malta, Montana” and all notations, references and other information on the map are hereby incorporated by reference and made a part of this chapter.
(B) The official zoning map shall be kept in City Hall and shall be the final authority as to the current status of zoning districts in the city’s zoning jurisdictional area.
(C) The official zoning map shall bear the signature of the Mayor, attested by the City Clerk, and the date of adoption of the ordinance.
(D) 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 Malta referred to in Section 9 of Ordinance Number 390 of the City of Malta”.
(Prior Code, § 17.16.040) (Ord. 390, passed - -1993)
§ 156.039 AMENDMENTS.
(A) Whenever any changes are made to district boundaries in accordance with the procedures of this chapter, those changes approved by the City Council promptly shall be entered on the official zoning map, and a signed and dated certification attached to the map. No amendment to district boundaries shall become effective until those changes are presented to the City Council by the Zoning Administrator. If the City Council approves the changes, the changes shall be entered on the official zoning map.
(B) No changes of any nature shall be made to the official zoning map, except in conformity with the procedures specified in this chapter.
(C) (1) A copy of the official zoning map, duly certified by the Zoning Administrator shall be filed in the office of the Clerk and Recorder of the county.
(2) Each change to the official zoning map adopted by the City Council, duly certified by the Zoning Administrator, shall likewise be filed in the office of the Clerk and Recorder.
(3) Any changes adopted by the City Council to the official zoning map must be approved by resolution of the City Council and approved by the Mayor.
(Prior Code, § 17.16.050) (Ord. 390, passed - -1993)
§ 156.040 ADOPTION OF NEW MAP.
(A) 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.
(B) The new official zoning map 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 map or any subsequent amendment thereof.
(B) The new map shall be certified in the same manner as the original official zoning map, noting that it supersedes the prior map.
(Prior Code, § 17.16.060) (Ord. 390, passed - -1993)