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.

17.06.050    Interpretation of uses.

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 the purpose of this chapter, the town is divided and classified into the following use districts:

1.    R-1 residential single-family, low density;

2.    R-2 residential single-family, medium density;

3.    R-3 residential, medium density;

4.    R-4 residential, medium density, apartments;

5.    R-MH residential, mobile homes;

6.    B-2 community business;

7.    B-3 central business;

8.    B-4 expanded business;

9.    M-1 commercial, light manufacturing;

10.    E-2 entertainment;

11.    PLI public lands and institutions;

12.    T transitional district. (Ord. 170, 1995: Ord. 93 §1(3.1), 1982)

17.06.020 Map authentication--Certificates.

A.    The official maps 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 council and the date of adoption of the ordinance codified in this chapter.

B.    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 ____________________

C.    If any changes to the map are made by amendment of this chapter in accordance with Chapter 17.54, such changes shall be made to the official zoning maps and signed, dated and certified upon the map or upon the material attached thereto.

D.    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. 93 §1(3.2), 1982)

17.06.030 Replacement of official zoning map.

A.    In the event that 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 Maps supersedes and replaces the Official Zoning Map adopted ___________ as part of Ordinance Number _____ of the Town of West Yellowstone.

Mayor ____________________________________

Attested _________________________________

Date _____________________________________

(Ord. 93 §1(3.3), 1982)

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 culture 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. 93 §1(3.4), 1982)

17.06.050 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 council shall determine the appropriate classification for that use.

B.    In interpreting use classification, the town council 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.    As authorized by Title 16, Chapter 12, MCA, and based on the affirmative vote of the electors of the town of West Yellowstone, the following marijuana businesses are permanently prohibited from opening or operating within the boundaries of the town:

1.    Cultivator;

2.    Manufacturer;

3.    Medical marijuana dispensary;

4.    Adult use dispensary;

5.    Testing laboratory; and

6.    Marijuana transporter facility.

Violation of this section is a municipal infraction and shall be punished as set out in Chapters 1.08 and 1.12. (Ord. 273 §2, 2023; Ord. 93 §1(3.5), 1982)