Chapter 17.06
ESTABLISHMENT OF DISTRICTS
Sections:
17.06.010 Official zoning map.
17.06.020 Map authentication--Certificates.
17.06.030 Replacement of official zoning map.
17.06.040 Interpretation of boundaries.
17.06.060 Interpretation of uses.
17.06.070 Appeal of administrative decision.
17.06.010 Official zoning map.
A. The town is divided into zones, or districts, as shown on the official zoning maps which, together with all explanatory matter thereon, are adopted by reference and declared to be a part of this chapter.
B. For this chapter, the town is divided and classified into the following use districts:
1. R-1 residential single-unit, low density.
2. R-2 residential single-unit, medium density.
3. R-3 residential, medium density.
4. R-4 residential, medium density, apartments.
5. B-3 central business.
6. B-4 expanded business.
7. M-1 commercial, light manufacturing.
8. E-2 entertainment.
9. PLI public lands and institutions.
10. Downtown overlay district.
11. Transitional district. (Ord. 276 Exh. 1, 2024)
17.06.020 Map authentication--Certificates.
A. The official map shall be available in the office of the town clerk and shall bear certificate with the signature of the mayor attested by the clerk of the town council and the date of adoption of the ordinance codified in this chapter.
B. Copies of the official map shall also be found on the town website of West Yellowstone in static and interactive formats.
C. The certificate should read as follows:
This is to certify that this is an Official Zoning Map referred to in Section 3 of Ordinance Number ___ of the Town of West Yellowstone, Montana.
Mayor _______________________________
Attested ____________________________
Date of Adoption ____________________
D. If any changes to the map are made by amendment of this chapter in accordance with Section 17.08.180, such changes shall be made to the official zoning map and signed, dated, and certified upon the map or upon the material attached thereto.
E. 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 the town offices by the town clerk shall be the final authority as to the current zoning status of land and water areas, buildings, and other structures in the town. (Ord. 276 Exh. 1, 2024)
17.06.030 Replacement of official zoning map.
A. If the official zoning maps become damaged, destroyed, lost, or difficult to interpret because of the nature or number of changes and additions thereto, the town 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.
B. The new official zoning maps shall be identified by signature of the mayor attested by the town clerk. The certificate should read as follows:
This is to certify that this Official Zoning Map supersedes and replaces the Official Zoning Map adopted ___________ as part of Ordinance Number _____ of the Town of West Yellowstone.
Mayor ____________________________________
Attested _________________________________
Date _____________________________________
(Ord. 276 Exh. 1, 2024)
17.06.040 Interpretation of boundaries.
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; where:
A. Boundaries indicated as approximately following the center line of streets, highways, or alleys shall be construed to follow such center lines;
B. Boundaries indicated as approximately following platted lot lines shall be construed as following such lot lines;
C. Boundaries indicated as approximately following town limits shall be construed as following such town limits;
D. Boundaries indicated as following railroad lines shall be construed to be midway between the main track(s);
E. Boundaries indicated as following the centerline of streams, rivers, canals, or ditches shall be construed to follow such centerlines;
F. Boundaries indicated as parallel to or extensions of features indicated on the official zoning map shall be determined by the scale of the map;
G. Where physical or cultural features existing on the ground are at variance with those shown on the official zoning map or where other circumstances or controversy arise over district boundaries, the town council shall interpret the district boundary. (Ord. 276 Exh. 1, 2024)
17.06.050 Lots in two zones.
Where a district boundary line as established in this title divides a lot which was of single ownership and of record at the time of this title, the use thereon and the district requirements applying to the least restricted portion of such lot under this title shall be considered as extending to the entire lot, provided the more restricted portion of such lot is entirely within twenty feet of the dividing line, the use so extended shall be deemed to be conforming.
Lots in two zones should be avoided when rezoning parcels in the future. (Ord. 276 Exh. 1, 2024)
17.06.060 Interpretation of uses.
A. If questions arise concerning the appropriate classification of a particular use, or if the specific use is not listed, the town manager or designee shall determine the appropriate classification for that use.
B. In interpreting use classification, the town manager or designee shall determine:
1. That the use and its operation are compatible with the uses permitted in the district wherein the use is proposed to be located;
2. That the use is similar to one or more uses permitted in the district wherein it is proposed to be located;
3. That the use will not cause substantial injury to values of property in the neighborhood or district wherein it is proposed to be located;
4. That neither the intent of this title nor the intent of the district will be abrogated by such classification.
C. If the town manager or designee determines that a use meets the criteria in subsection B of this section then that use shall be added to the appropriate district through a zone text amendment.
D. Anyone wishing for the town manager or designee to make such use determination as outlined in this section shall present an application to the Town Hall explaining the following information:
1. The proposed use and general function of such use.
2. The identified use in the district and how the proposed use is similar.
3. Any manner of differences between the use defined in the chapter and the proposed use in the district.
E. The town manager or their designee shall provide the interpretation in use in writing to the applicant with their decision and how the proposed use meets the criteria of subsection B of this section.
F. If deemed that the use may become prevalent in the district for which the use is being interpreted the town manager or designee shall initiate the code amendment process outlined in Section 17.08.180. (Ord. 276 Exh. 1, 2024)
17.06.070 Appeal of administrative decision.
Any person or persons, jointly or severally aggrieved by an administrative interpretation of use by a town official may present to the board of adjustment an appeal petition specifying the grounds for the appeal. Such petition shall be presented to the board of adjustment within thirty days after the filing of the zoning administrator or building official. (Ord. 276 Exh. 1, 2024)