The designation, location and boundaries of zoning districts established under this chapter shall be shown and depicted on a map designated as the official Miles City zoning district map, which is hereby adopted by reference and may be amended from time to time. The map and all notations, references and other information shown thereon shall be as much as part of this chapter as if the information set forth by such map was fully set forth in this section. The official Miles zoning district map and all amendments thereto shall be kept in the offices of the administrator.

(Ord. No. 1306, § 1(Exh. A) 11-9-16)

(a)

Zoning districts. A zoning district is a geographic area within which development of certain uses and buildings is permitted upon approval of a building permit and certain other uses and buildings may be developed upon approval of a conditional use permit. For the purpose of classifying, regulating, and defining uses that are appropriately located, the following zoning districts are established:

(1)

Residential A District (RA)

(2)

Residential B District (RB)

(3)

Residential C District (RC)

(4)

Semi-Rural District (SR)

(5)

Mobile Home Residential District (MH-A)

(6)

Mobile Home—RV Park District (MH-RV)

(7)

Central Business District (CBD)

(8)

General Commercial District (GC)

(9)

Highway Commercial District (HWC)

(10)

Heavy Commercial/Light Industrial District (HCLI)

(11)

Heavy Industrial District (HI)

(12)

Medical Campus District (MC)

(13)

Open Space District (OS)

(b)

Overlay districts. An overlay district modifies the regulations applicable in the zoning districts "over" which it is mapped. The following overlay districts are established:

(1)

Planned unit development overlay district (PUDOD).

(2)

Sexually oriented business overlay district (SOBOD).

(c)

Compliance required. No building shall be erected, altered or used, and no land shall be developed or used in a manner that does not conform with the regulations prescribed for the zoning district and overlay district in which it located, except as authorized in section 24-89, nonconforming uses.

(Ord. No. 1306, § 1(Exh. A) 11-9-16)

The boundaries of districts are shown on the official Miles City zoning district map. Where uncertainty exists with respect to the boundaries of the various districts, the following rules shall apply:

(a)

The district boundaries are centerlines of streets, alleys or waterways unless otherwise shown.

(b)

Where the district boundaries are not centerlines of streets, alleys or waterways and where the land has been divided into lots, the district boundaries shall be construed to follow lot lines.

The administrator shall be responsible for interpreting the zoning district boundaries. Any person who disputes a decision of the administrator may appeal the decision to the board of adjustment using the procedure found in section 24-93.

(Ord. No. 1306, § 1(Exh. A) 11-9-16)

All territory which may hereafter be annexed into the City of Miles City shall be zoned at the time of annexation. Prior to such annexation and zoning, the administrator shall have made a zoning recommendation to the zoning commission, and the zoning commission shall have made its investigation and shall make a recommendation and report to the city council on the question of zoning. City council public hearings on the question of zoning shall be held in conjunction with the necessary annexation procedures.

(Ord. No. 1306, § 1(Exh. A) 11-9-16)

(a)

Intent. It is the intent of the RA district to provide for residential neighborhoods of single family and multifamily dwellings up to four units.

(b)

Allowed uses. The permitted and conditional uses allowed in the RA district are shown in Table II.1. All uses not explicitly listed as permitted or conditional uses are prohibited.

Table II.1: RA District Permitted and Conditional Uses

(c)

District regulations. Specifications for the RA district are shown in Table II.2.

Table II.2: RA District Specifications

(Ord. No. 1306, § 1(Exh. A) 11-9-16; Ord. No. 1380, § 1, 6-11-24; Ord. No. 1387, § 1, 1-14-25)

(a)

Intent. It is the intent of the RB district to provide for residential neighborhoods of single family and multifamily dwellings up to eight units.

(b)

Allowed uses. The permitted and conditional uses allowed in the RB district are shown in Table II.3. All uses not explicitly listed as permitted or conditional uses are prohibited.

Table II.3: RB District Permitted and Conditional Uses

(c)

District regulations. Specifications for the RB district are shown in Table II.4.

Table II.4: RB District Specifications

(Ord. No. 1306, § 1(Exh. A) 11-9-16; Ord. No. 1387, § 1, 1-14-25)

(a)

Intent. It is the intent of the RC district to provide for multifamily residential uses in excess of eight units.

(b)

Allowed uses. The permitted and conditional uses allowed in the RC district are shown in Table II.5. All uses not explicitly listed as permitted or conditional uses are prohibited.

Table II.5: RC District Permitted and Conditional Uses

(c)

District regulations. Specifications for the RC district are shown in Table II.6.

Table II.6: RC District Specifications

(Ord. No. 1306, § 1(Exh. A) 11-9-16; Ord. No. 1387, § 1, 1-14-25)

(a)

Intent. It is the intent of the SR district to provide for low density residential uses where small scale agricultural practices may occur.

(b)

Allowed uses. The permitted and conditional uses allowed in the SR district are shown in Table II.7. All uses not explicitly listed as permitted or conditional uses are prohibited.

Table II.7: SR District Permitted and Conditional Uses

(c)

District regulations. Specifications for the SR district are shown in Table II.8.

Table II.8: SR District Specifications

(Ord. No. 1306, § 1(Exh. A) 11-9-16; Ord. No. 1387, § 1, 1-14-25)

(a)

Intent. It is the intent of the MH-A district to provide for residential neighborhoods of mobile homes, single family and multifamily dwellings up to four units.

(b)

Allowed uses. The permitted and conditional uses allowed in the MH-A district are shown in Table II.9. All uses not explicitly listed as permitted or conditional uses are prohibited.

Table II.9: MH-A District Permitted and Conditional Uses

(c)

District regulations. Specifications for the MH-A district are shown in Table II.10.

Table II.10: MH-A District Specifications

(Ord. No. 1306, § 1(Exh. A) 11-9-16; Ord. No. 1387, § 1, 1-14-25)

(a)

Intent. It is the intent of the MH-RV district to provide for a mobile home park to be developed for residential use and recreational vehicle parks for transient recreational use. Such developments shall comply with the Montana Subdivision and Platting Act and Miles City subdivision regulations.

(b)

Allowed uses. The permitted and conditional uses allowed in the MH-RV district are shown in Table II.11. All uses not explicitly listed as permitted or conditional uses are prohibited.

Table II.11: MH-RV District Permitted and Conditional Uses

(c)

District regulations. Specifications for the MH-RV district are shown in Table II.12.

Table II.12: MH-RV District Specifications

(Ord. No. 1306, § 1(Exh. A) 11-9-16)

(a)

Intent. It is the intent of the CBD to encompass the traditional downtown core of the city and maintain existing ground floor storefronts that rely on convenient access for pedestrians.

(b)

Allowed uses. The permitted and conditional uses allowed in the CBD are shown in Table II.13. All uses not explicitly listed as permitted or conditional uses are prohibited.

Table II.13: CBD District Permitted and Conditional Uses

(c)

District regulations. Specifications for the CBD district are shown in Table II.14.

Table II.14: CBD District Specifications

(a)

Intent. It is the intent of the GC district to provide for commercial districts in close proximity to and serving the ordinary shopping needs residents and visitors, and which do not attract large volumes of traffic. Examples of general commercial uses include community oriented retail establishments, eating establishments, hardware stores, auto parts stores, grocery and convenience stores, neighborhood lodges and assembly facilities, banks and other financial institutions, medical and dental clinics, professional and personal services, print shops, fitness centers, and other similar uses serving the commercial needs of the community.

(b)

Allowed uses. The permitted and conditional uses allowed in the GC district are shown in Table II.15. All uses not explicitly listed as permitted or conditional uses are prohibited.

Table II.15: GC District Permitted and Conditional Uses

(c)

District regulations. Specifications for the GC district are shown in Table II.16.

Table II.16: GC District Specifications

(Ord. No. 1306, § 1(Exh. A) 11-9-16; Ord. No. 1387, § 1, 1-14-25)

(a)

Intent. It is the intent of the HWC district to provide for commercial oriented uses around highways and arterials that rely on convenient automobile access. Examples of highway oriented businesses include overnight accommodations, casinos, gas stations, eating and drinking establishments, hardware stores, grocery stores, vehicle and equipment sales, and retail.

(b)

Allowed uses. The permitted and conditional uses allowed in the HWC district are shown in Table II.17. All uses not explicitly listed as permitted or conditional uses are prohibited.

Table II.17: HWC District Permitted and Conditional Uses

(c)

District regulations. Specifications for the HWC district are shown in Table II.18.

Table II.18: HWC District Specifications

(Ord. No. 1306, § 1(Exh. A) 11-9-16)

(a)

Intent. It is the intent of the HCLI district to provide for businesses and services which may require large storage space, may be open in the evenings, may generate large volumes of traffic, and which require a type of service activity which tends to generate open storage yards, building material yards, light manufacturing and assembly, and warehousing. In comparison to heavy industrial uses, commercial and industrial operations located in this district are characterized as lower in intensity, cleaner, and generally more compatible when located adjacent to other uses. Allowed uses in this district will not generate excessive noise, particulate matter, vibration, smoke, dust, gas, fumes, odors, radiation and other nuisance characteristics.

(b)

Allowed uses. The permitted and conditional uses allowed in the HCLI district are shown in Table II.19. All uses not explicitly listed as permitted or conditional uses are prohibited.

Table II.19: HCLI District Permitted and Conditional Uses

(c)

District regulations. Specifications for the HCLI district are shown in Table II.20.

Table II.20: HCLI District Specifications

(Ord. No. 1306, § 1(Exh. A) 11-9-16)

(a)

Intent. It is the intent of the HI district to provide for manufacturing, assembling, fabrication and processing, bulk handling, storage, warehousing and trucking. In comparison to heavy commercial and light industrial uses, the uses associated with this district are likely to generate noise, pollution, vibration, dust, fumes, odors, higher levels of truck traffic, hazardous materials, and/or other similar conditions. Heavy industrial uses are unsuitable immediately adjacent to residential uses or districts and therefore require greater setbacks, buffering, and screening fences (see section 24-50 for buffering/screening fencing requirements).

(b)

Allowed uses. The permitted and conditional uses allowed in the HI district are shown in Table II.21. All uses not explicitly listed as permitted or conditional uses are prohibited.

Table II.21: HI District Permitted and Conditional Uses

¹ The outdoor areas containing junkyards, wrecking yards, and similar uses shall meet the setback requirements of Table II.22 below.

(c)

District regulations. Specifications for the HI district are shown in Table II.22.

Table II.22: HI District Specifications

(Ord. No. 1306, § 1(Exh. A) 11-9-16)

(a)

Intent. It is the intent of the OS district to provide land without physical structures and buildings except where accessory to the provision of open space and recreational opportunities.

(b)

Allowed uses. The permitted and conditional uses allowed in the OS district are shown in Table II.23. All uses not explicitly listed as permitted or conditional uses are prohibited.

Table II.23: OS District Permitted and Conditional Uses

(Ord. No. 1306, § 1(Exh. A) 11-9-16)

(a)

Intent. It is the intent of the MC district to provide for medical services with residential buffers that will allow the development of a medical campus.

(b)

Allowed uses. The permitted and conditional uses allowed in the MC district are shown in Table II.24. All uses not explicitly listed as permitted or conditional uses are prohibited.

Table II.24: MC District Permitted and Conditional Uses

(c)

District regulations. Specifications for the MC district are shown in Table II.25.

Table II.25: MC District Specifications

(Ord. No. 1306, § 1(Exh. A) 11-9-16)

(a)

Intent. The intent of the PUDOD is to:

(1)

Provide flexibility in regulations and performance standards in exchange for community benefits and innovative, quality design;

(2)

Encourage a complementary mixture of uses, developed in accordance with an approved plan, that protects adjacent properties;

(3)

Encourage the preservation and enhancement of natural amenities, cultural resources and open space;

(4)

Provide for a more efficient arrangement of land uses, buildings, circulation systems, and infrastructure; and,

(5)

Encourage infill development, traditional neighborhood development, affordable housing, low-impact, energy efficient and innovative projects, and a variety of housing types and sizes to accommodate households of all ages, sizes and incomes.

(b)

Applicability. PUD designation is available in the following zoning districts: RA, RB, RC, MH-A, and GC. Approved PUDs must be identified on the zoning districts map by appending the map symbol "/PUD" to the base zoning district (e.g., "RA/PUD").

(c)

Requirements. No application for a PUD will be accepted or approved unless all of the property included in the application is under unified ownership or a single entity's control. In addition, PUDs must contain the following components:

(1)

A size of at least ten acres except for infill development, where the minimum size is two and one-half acres;

(2)

Pedestrian and bicycle facilities throughout and connecting to adjacent facilities;

(3)

A mixture of land uses and housing types;

(4)

A connected road network, preferably lots and blocks with alleys;

(5)

Architectural design standards to be implemented by a private party such as a property owners association;

(6)

A coordinated landscape plan;

(7)

Significant open spaces such as playground or park areas designed for active and passive users with the scale, type and natural features depending on the projected needs of the future users of the site; and

(8)

Community facilities in common ownership and use.

(9)

Larger scale projects are also encouraged to include:

a.

A functional neighborhood center that is the focal point of the neighborhood with indoor and outdoor spaces and a mixture of uses, opportunities for civic engagement and public art; and

b.

The majority of dwellings located within 2,000 feet of the neighborhood center.

(d)

Regulations eligible for modification. Unless otherwise expressly approved by the governing body, PUDs are subject to all applicable standards of the base zoning district regulations. The governing body may approve PUDs that deviate from specific standards if it determines that the resulting development satisfies the approval criteria in subsection (f) below. The specific standards that may be modified include:

(1)

Land uses. Regardless of the underlying zoning, the governing body may approve a mix of use types within a PUD as a means of accommodating mixed-use developments and developments with a broader range of housing types and affordable housing options. A list of uses to be allowed in a PUD must be approved by the governing body;

(2)

Minimum lot size, provided that lot sizes are adequate to safely accommodate all proposed buildings and site features and are warranted to support the public benefit likely to result from the proposed development;

(3)

Setbacks, when determined to be warranted to support the public benefit likely to result from the proposed development;

(4)

Building height, when the governing body determines that such an increase is warranted to support the public benefit likely to result from the proposed development;

(5)

Maximum lot coverage, so long as storm water is determined likely to be contained in a manner that will not negatively impact surface water quality or downstream properties;

(6)

Parking and loading, when the governing body determines that such modifications are warranted to support the public benefit likely to result from the proposed development; and

(7)

Street and non-motorized transportation standards so long as the governing body determines such designs would better meet the purpose of the PUD overlay while still providing safe and efficient traffic movement.

(e)

Review process. Planned unit development overlay districts are established through the approval of a zoning map amendment and a PUD master site plan, which shall be reviewed concurrently. At the option of the developer, the master site plan may also serve as a preliminary subdivision plat if such intention is declared at the pre-application meeting and if the site plan includes all information required for preliminary plats. If the master site plan contemplates distinct phased preliminary plats, the plat for the first phase shall be reviewed concurrently with the zoning map amendment and master site plan.

A zoning map amendment and a PUD master site plan become final when approved by the governing body. A subdivision reviewed along with a PUD becomes final when all conditions of approval have been complied with and the final plat is recorded. All subdivisions authorized under a PUD must become final within ten years of PUDOD and master site plan approval or the approval for the non-final portion shall lapse.

In addition to the requirements for zoning map amendments and subdivisions, each PUD application must include the following items:

(1)

A master site plan showing the location and area of lots and blocks, buildings, transportation facilities, parks, open space and other amenities, utilities and other pertinent features.

(2)

A list of the specific standards that are requested to be modified;

(3)

A list of land uses that are proposed in the PUDOD;

(4)

A written description of the community benefits of the proposed development and how it provides greater benefits to the city than would development under conventional zoning district regulations;

(5)

Architectural standards; and

(6)

A description and draft documents indicating how common areas and facilities will be managed.

(f)

Review criteria. In reviewing and making decisions on proposed PUDODs and site plans, review and decision making bodies shall consider and make findings on the following criteria:

(1)

Whether the proposed PUD would result in a greater benefit to the city than would development under conventional zoning district regulations. Such greater benefit may include implementation of adopted planning policies, natural resource preservation, innovative urban design, low-impact or energy efficient development, affordable, workforce or senior housing, neighborhood or community amenities or an overall level of development quality;

(2)

The zoning amendment criteria of section 24-96;

(3)

The proposal's consistency with the adopted plans for the area;

(4)

Compliance with this section; and

(5)

Primary review criteria for subdivisions, when applicable.

(Ord. No. 1306, § 1(Exh. A) 11-9-16)

(a)

Intent. The intent of the SOBOD is to reasonably govern the location of sexually-oriented businesses in order to avoid adverse secondary effects which may result from the operation of such businesses.

(b)

Applicability. Sexually oriented businesses may be located only in the sexually oriented business overlay district shown on the Miles City zoning district map.

(c)

Conditional use permit. All sexually oriented businesses require review and approval of a conditional use permit by the City Council pursuant to section 24-91 of these regulations.

(Ord. No. 1306, § 1(Exh. A) 11-9-16; Ord. No. 1387, § 1, 1-14-25)