The purpose of this chapter is to classify land within the city of McCleary into various zoning districts. Each zoning district set forth in the following sections shall guide the use of the application of the zones and designations to all lands in the city of McCleary. The purpose statements of each zoning district shall also guide interpretation and application of land use regulations within the zoning districts, and any changes to the range of uses within each zoning district made through amendments to this title.

(Ord. 709 § 1 (part), 2004)

A.

The city of McCleary zoning map, on file with the office of the city clerk-treasurer, is the official zoning map for the city. This zoning map shall graphically show the location of zoning districts within the city and bear the original approving signatures of the mayor and city clerk-treasurer.

B.

Reproducible copies of the zoning map are available for public review and purchase through the city clerk-treasurer.

(Ord. 709 § 1 (part), 2004)

In order to accomplish the purposes of this title, the following zoning districts and zoning map symbols are established:

(Ord. 737 § 3, 2006: Ord. 709 § 1 (part), 2004)

A.

The single-family residential (R-1) district provides for uses, structures, and activities compatible with neighborhoods consisting predominately of single-family dwelling units and designated manufactured homes.

B.

The multi-family residential (R-2) district provides for uses, structures, and activities compatible with neighborhoods with a mix of single-family dwelling units, designated manufactured homes, and multi-family dwelling units.

C.

The manufactured home park (R-3) district provides for uses, structures, and activities compatible with neighborhoods with a mix of single- and multi-family dwelling units, designated manufactured homes, and manufactured homes in manufactured home parks.

D.

The downtown (C-1) district provides for a wide range of small to medium commercial uses and professional offices concentrated in the historic downtown area of the city. Uses in this district serve the needs of the immediate area as well as tourists to the community. The C-1 district is a compact, intensive activity center that emphasizes pedestrian access to and between businesses.

E.

The general commercial (C-2) district provides for large retail, personal and professional offices, storage, recreational vehicle parks, and light manufacturing activities outside the downtown (C-1) district that depend on arterial or highway traffic, large lot sizes, or uses not appropriate for the C-1 district.

F.

The highway commercial (C-3) district provides for highway-oriented or vehicle-oriented uses that can benefit from highway exposure. Residential uses are not permitted.

G.

The industrial (I) district provides space for manufacturing, storage, agriculture, forestry, wholesale sales, outdoor storage, transshipment, and other intensive uses that meet environmental regulations but require separation from residential and commercial uses in the city.

H.

The forest and open space (F/OS) district protects the city's natural resources and open spaces. Land uses in this zone include commercial forest lands, non-commercial forests, critical areas with restricted development potential, undeveloped parkland, and areas protected by open space designations or long-term conservation easements.

(Ord. 737 § 4, 2006: Ord. 709 § 1 (part), 2004)

A.

Whenever an uncertainty exists as to the boundaries of a zoning district as shown in the city of McCleary Zoning Map, the following rules shall apply:

1.

Zoning district boundaries shown as approximately following legally created lot lines shall be construed as following such lot lines.

2.

Zoning district boundaries shown as approximately following the centerline of rivers and streams shall be construed as following such centerlines. In the event of a change in the shoreline of waterway, the boundary shall be construed as moving with the actual shoreline.

3.

Upon official vacation of a street or alley, the vacated area shall acquire the zoning district classification of the lot to which it reverts.

4.

In the case of a zone boundary that divides property without relying on lot lines, the location of the boundary shall be determined by use of the scale on the zoning map.

B.

Future adjustments to zoning district boundaries shall follow lot lines, natural landlords, or the centerline of streets and alleys.

(Ord. 709 § 1 (part), 2004)

Any property within the boundaries of the city of McCleary not clearly designated by the zoning map shall be designated single-family residential (R-1) district.

(Ord. 709 § 1 (part), 2004)

A.

Unless a different zoning classification is established pursuant to the provisions of subsection B of this section, all newly annexed territories shall assume the zoning district designation as shown in the future land use map of the comprehensive land use plan, or if not designated on that map, the R-1 district.

B.

If the either the applicant for annexation or the city council proposes that the zoning after annexation is to be other than the classification which would be established by subsection A of this section, the public notice for the hearing on annexation shall include the requested or suggested zoning district. In the event that the council proposes a classification pursuant to this section, it shall notify the applicant in writing of that proposed classification. In that event, the applicant shall have until the commencement of the public hearing on the petition to withdraw the petition.

C.

In the event that the alternative processes authorized by subsection B of this section are utilized, the zoning district specified in the annexation ordinance shall be the zoning classification of the property. That classification may be the specific zone indicated in the public notice or the presumptive zoning classification set out in subsection A of this section.

(Ord. 717 § 2, 2004: Ord. 709 § 1 (part), 2004)