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Townsend City Zoning Code

13.08 ZONING

DISTRICTS AND ZONING MAP

13.08.010 Use Districts Designated; Zoning Map Adopted

  1. The City is divided into zones, or districts, as shown on the official zoning map(s) which, together with all explanatory matter thereon, are adopted by this reference and declared to be a part of this title.
  2. For the purpose of this title, the City is divided and classified into the following use districts:

    R-1
    Low Density Residential District. The Low-Density Residential District shall include all land uses designated on the Townsend Zoning Map as R-1.
    R-2
    Medium Density Residential District. The Medium Density Residential District shall include all land uses designated on the Townsend Zoning Map as R-2.
    CBD
    Central Business District. The Central Business District shall include all land uses designated on the Townsend Zoning Map as CBD.
    CLM
    Commercial – Light Manufacturing District. The Commercial – Light Manufacturing District shall include all land uses designated on the Townsend Zoning Map as CLM.
    IGeneral Industrial District. The General Industrial District shall include all land uses designated on the Townsend Zoning Map as I.
    OSROpen Space/Residential District. The Open Space/Residential District is not current designated on the Townsend Zoning Map and is reserved for future use.
  3. Placement of any given zoning district on an area depicted on the zoning map indicates a judgment on the part of the City that the range of uses allowed within that district are generally acceptable in that location. Any given use is subject to the appropriate review procedure and compliance with all the applicable requirements and development standards of this title. It is not a guarantee of immediate infrastructure availability or a commitment on the part of the City to bear the cost of extending services.
  4. Individual zoning districts are adopted for the purposes described in TMC 13.04. A variety of districts is established to provide locations for the many uses needed within a healthy and dynamic community. Each district, in conjunction with other standards incorporated in this title, establishes allowable uses of property, separates incompatible uses, and sets certain standards for use of land. This provides predictability and reasonable expectation in use of land within particular zoning designations and sites.

13.08.020 Boundary Interpretation Guidelines

  1. Where uncertainty exists as to the boundaries of districts as shown on the official zoning map, the boundaries shall be interpreted as following the nearest logical line to that shown:
    1. Boundaries indicated as approximately following the centerline of streets, highways or alleys shall be construed to follow such center lines.
    2. Boundaries indicated as approximately following platted lot lines shall be construed as following such lot lines.
    3. Boundaries indicated as approximately following City limits shall be construed as following such City limits.
    4. Boundaries indicated as following railroad lines shall be construed to be midway between the main track(s).
    5. Boundaries indicated as following the centerline of streams, rivers, canals, or ditches shall be construed to follow such centerlines; and
    6. Boundaries indicated as parallel to, or extensions of features indicated on the official zoning map shall be determined by the scale of the map.
  2. Where district boundaries divide a lot or parcel into two or more districts, the entire lot or parcel shall be deemed to have only the characteristics and uses of the most restrictive district that any part of the lot or parcel rests within.

13.08.030 Classification Of Particular Uses

  1. The Zoning Commission shall determine the appropriate classification of a particular use. In making this determination, the Zoning Commission shall find:
    1. That the use is the same as one or more uses permitted in the district wherein it is proposed to be located; or
    2. That the use is so similar to one or more uses permitted in the district wherein it is proposed to be located as to be interpreted as the same, so long as:
    3. The use and its operation are compatible with the uses permitted in the district wherein the use is proposed to be located.
    4. The use will not cause substantial injury to values of property in the neighborhood or district wherein it is proposed to be located; and
    5. Neither the intent of this title nor the intent of the district will be abrogated by such classification.
    6. Persons objecting to decision of the Zoning Commission regarding a classification of use carry the burden of proof to establish error in the decision.
  2. If a question arises concerning the appropriate classification of a particular use, the City staff shall submit the question to the Zoning Commission to determine whether the particular use is the same or so similar as to be interpreted the same as a listed permitted or conditional use. In making such a determination, the Zoning Commission shall find that the criteria set forth in either paragraphs A,1 or A,2 are met.
  3. If a specific use is not listed and cannot be interpreted to be the same or so similar so as to be interpreted the same, as a listed accessory, principal or conditional use, the use shall not be allowed.

13.08.040 Zoning Of Annexed Territory

All territory which may hereafter be annexed to the City shall, in conjunction with the annexation, be the subject of a zone map amendment in order to be designated and assigned to a City zoning district. Areas of annexed public right-of-way(s) shall be considered to be zoned according to the provisions of this Chapter. The City Council shall determine the appropriate zoning for any and all areas to be annexed to the City. Any ordinance adopting such zoning amendment shall not be effective prior to the effective date of such annexation.

13.08.050 Official Zoning Map

  1. The official Zoning Map shall be the current adopted Townsend Zoning Map.
  2. The official maps shall be available in City Hall and shall bear a date of adoption of the ordinance codified in this title.
  3. The Official Zoning Map shall bear the signature of the mayor, attested by the City Clerk, and the date of adoption of this Ordinance.
  4. 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 Townsend, Montana, referred to in Section 13.08.050 of Ordinance Number 2021-04 of the City of Townsend, Montana."
  5. Regardless of the existence of purported copies of the official zoning maps, which may from time to time be made or published, the official zoning maps kept in City Hall shall be the final authority as to the current zoning status of land and water areas, buildings, and other structures in the City.
  6. In the event that the official zoning maps become damaged, destroyed, lost or difficult to interpret because of the nature or number of changes or additions thereto, the City Council may adopt and certify new official zoning maps which shall supersede the prior official zoning maps. The new official zoning maps 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 maps or any subsequent amendment thereof.
  7. If any changes to the map are made by amendment of this title in accordance with TMC 13.44, such changes shall be made to the official zoning maps and signed, dated, and certified upon the map or upon the material attached thereto.