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2000-01-26/Resolution 5-2000 Amended North Jeff Co Zoning Resolution 05-2000 Resolution Adopting the Amended North Jefferson County Zoning Regulations WHEREAS, the Board of County Commissioners of Jefferson County, Montana held a public hearing, following publication oflegal notice, on the 30" day of November, 1999, concerning the proposed creation of the Medium Density Residential Zoning District, the creation of the Residential Interface #2 Zoning District; the relocation of boundaries affecting Low Density Residential #3 Zoning District, Low Density Residential #4 Zoning District, Basic Resource #1 Zoning District, Basic Resource #2 Zoning District and Commercial Zoning District; and the Repeal of Special Zoning District #1; and - WHEREAS, based upon the recommendation of the Jefferson County Planning Board and public testimony, the Board of Commissioners of Jefferson County, Montana, in accordance with 9 76-2-205(4), MCA, adopted a Resolution ofIntent (Resolution 62-99) on November 30, 1999, to adopt the proposals to create the 2 new districts and relocate boundaries of adjoining districts and repeal Special Zoning District # 1; and WHEREAS, notice of passage of that Resolution was published once a week for two weeks, on December 15 and 22, 1999, and the Board of Commissioners did not receive written protests either from forty percent (40%) of the freeholders within the proposed districts or from freeholders representing fifty percent (50%) of the titled property of the district taxed as agricultural or forest land during the protest period in the following districts: Proposed Medium Density Residential Zoning District, Proposed Residential Interface #2 Zoning District, Low Density Residential #3 Zoning District, Low Density Residential #4 Zoning District, Basic Resource # I Zoning District. Basic Resource #2 Zoning District, Commercial Zoning District; and Received no protests to the proposed repeal of Special Zoning District #1. IT IS HEREBY RESOLVED THAT: The Board of County Commissioners of Jefferson County, Montana, in accordance with 9 76-2-205(6), MCA, hereby amend the North Jefferson County Zoning Districts and Regulations to be known as: Medium Density Zoning District, " Low Density Residential #4 Zoning District, Basic Resource #1 Zoning District, Basic Resource #2 Zoning District, Commercial Zoning District; with boundaries as set forth on Exhibit A and Regulations for the newly created Medium Density Residential Zoning District as set forth in Exhibit B. BE IT FURTHER RESOLVED THAT: The Jefferson County Board of Commissioners does hereby repeal Special Zoning District #1. DATED this 26th day ofJanuary, 2000. :.';.~!-\ . :,.. ~~' '. .~. . ~'~r.:;':jq~: . ~',..o.;,\. ...: ~f ATTEST: ' '~~t- Clerk and Recorder . ~~~ ~~~, Glenna Obie ~a~ Sherry Car '11 ~ - "-. "- Exhibi t. ,\ Medium Density Residential. Beginning at a point on the County Boundary Line (between Lewis & Clark County and Jefferson County) in Section 7, T9N, R3W, where the North boundary line of Basic Resource #1 bears due East, then north along the county line through Sections 7 and 6, T9N, R3W, to a point where said county line bears East, then continuing along the county line due East to a point in Section 3, T9N, R3W, where the west boundary line of Low Density Residential #4 bears due south, then along the west boundary line of Low Density Residential #4 to a point in Section 10, T9N, R3W, where said west boundary line intersects the north boundary line of Basic Resource #1, then along the north boundary line of Basic Resource #1 to the place of beginning. EXCEPTING THEREFROM all of Alpine Meadows Subdivision, Plat No. 160590, Folio 277B, located in Sections 6 and 7, T9N, R3W, P.M.M. - Residential Interface #2 Alpine Meadows Subdivision, Plat No. 160590,Folio 2778, located in Section 6, Township 9 North, Range 3 West, P.M.M. Low Density Residential #3 Beginning at the intersection of Prickly Pear Creek and Highway 287 in the NW~ of Section 13, T9N, R3W, then Westerly along Highway 287 to its intersection with Microwave Hill Road in the NE~ of Section 14, T9N, R3W, then North along Microwave Hill Road to its intersection with Wonder Road in the NE~NE~ of Section 14, T9N, R3W, then Northwesterly along Wonder Road to the South Section Line of Section 11, T9N, R3W, then West along said South Section Line to Interstate Highway No. 15, then Northerly along Interstate Highway No. 15 to the East-West center line of Section 11, T9N, R3W, then East along said center section line to the East Section Line of said Section 11, then South along said East Section Line to the SE Corner of Section 11, then South along the West Section Line of Section 13, T9N, R3W, to the SW Corner of the NW~NW~ of Section 13, T9N, R3W, then East along the south line of the NW~NW~ of Section 13, T9N, R3W to the SE Corner of the NW~NW~ of Section 13, T9N, R3W, then South along the East Line of the SW~NW~ of Section 13, T9N, R3W to the SE Corner of the SW~NW~ of Section 13, T9N, R3W, then East to the place of beginning. - - Low Density #4: Beginning at the point where the North-South Section Line between Sections 1 and 2, T. 9 N., R. 3 W., P.M.M., intersects the north county line for Jefferson County, then West along said county line to its intersection with N-S Center Line of Section 3, T. 9 N., R. 3 W., P.M.M., then South along said N-S Center Line to the C 1/4 of said Section 3, then due West along the E-W Center line of said Section 3 to the NW corner of the NE~SW~ of said Section 3, then due South to N-S 1/64 line of said Section 3, then due West along the N-S 1/64 line to the West Section Line of said Section 3, then due North to the Center 1/4 Line of Section 4, T9N, R3W, being the NE Corner of the SE~ of said Section 4, ALSO being the NE Corner of the Evergreen Acres Minor Subdivision, then due West along the north boundary line of the Evergreen Acres Minor Subdivision to the NW Corner of Evergreen Acres Minor Subdivision, then South along the west boundary line of the Evergreen Acres Minor Subdivision to the SW Corner of Evergreen Acres Minor Subdivision, then East along the south boundary line of the Evergreen Acres Minor Subdivision to the Northwesterly Corner of South Hills Park Subdivision, ALSO being the NW Corner of Lot 12 of said South Hills Park Subdivision, then following the westerly boundary of South Hills Park Subdivision to a point being the most southerly point of South Hills Park Subdivision, then in a Northeaslerly direction along the easterly boundary of South Hills Park Subdivision to the W 1/16 line of Section 3, T9N, R3W, then South along said. W 1/16 line the south boundary line of said Section 3, then due East along the South Section Line of Section 3 to N-S Center Line of Section 3, T9N, R3W, being the SE Corner of the SW~ of said Section 3, then due South along the N-S Center Line of Section 10, T9N, R3W to the N-N 1/64 line of said Section 10, then due West along said N-N 1/64 line to the W 1/16 line of said Section 10, then due South along said W 1/16 Line to the S-N 1/64 Line of said Section 10, then due East along said S-N 1/64 Line to the N-S Center Line of said Section 10, then due South along the N-S Center Line of said Section 10 to the E-W Center Line of said Section 10, being the C 1/4 of said Section 10, then East along the East-West Center 1/4 Line of Section 10 to the east section line of said Section 10, then North along said east section line to Geo Line 5156, then East along Geo Line 5156 to a point on the North-South Center 1/4 Line of Section 11, T. 9 N., R. 3 W., P.M.M., then North along the North-South Center 1/4 Line of Section 11 and Section 2, T. 9 N., R. 3 W., P.M.M., to the center of said Section 2, then on a line in a Northeasterly direction to the place of beginning. Basic Resource #1 Beginning at the NW Corner of Section 19, T. 9 N., R. 3 W., P.M.M., then North along the west section line of Sections 19 and 18, T. 9 N., R. 3 W., P.M.M., to the intersection with the Jefferson County and Lewis and Clark County, county line, then along the county line to the southerly boundary of the Special Zoning District #1, then along the boundary of Special Zoning District #1 to the Center of Section 10, T. 9 N., R. 3 W., P.M.M., then along the East-West Center 1/4 line of Section 10, T. 9 N., R. 3 W., P.M.M., to the east section line of said Section 10, then South along the east section line of Sections 10 and 15, T. 9 N., R. 3 W., P.M.M., to the water course in Clark Gulch, then westerly along said water course to its intersection with the power line in Section 16, T. 9 N., R. 3 W., P.M.M., then Southerly and Westerly along said power line to its intersection with the North 1/16 Line of Section 21, T9N, R3W, then West along said North 1/16 line to the West Section Line of Section 21, T9N, R3W, then North along said West Section Line to the NW Corner of Section 20, T9N, R3W, said point also being the NE Corner of said Section 20, then West along the North Section Lines of Section 20 and Section 19, T9N, R3W to the NW Corner of Section 19, T9N, R3W, the place of beginning. EXCEPTING THEREFROM all of Alpine Meadows Subdivision, Plat No. 160590, Folio 277B, located in Sections 6 and 7, T9N, R3W, P.M.M. Basic Resource #2 Beginning at the NE Corner of Jefferson County, located in Section 1, Township 9 North, Range 2 West, P.M.M., near Clasoil, then South along the Jefferson County and Broadwater County line to the SE Corner of Section 13, Township 9 North, Range 2 West, P.M.M., then West along the south line of Sections 13 and 14 to the SW corner of Section 14, T. 9 N., R. 2 W., P.M.M., then South along the West Section line of Sections 23, 26 and 35 to the Township line between T. 8 N. and T. 9 N., then West along this line to the intersection with Maupin Creek, then Northerly along Maupin Creek to its intersection with McClellan Creek, then Northerly following McClellan Creek to its intersection with the N-N 1/64 line of Section 32, T. 9 N., R. 2 W., P.M.M., then West to the SW Corner of the N\NW~ of Section 32, Township 9 North, Range 2 West, P.M.M., then following the Section line North to the NW Corner of the S\SW~ of Section 29, T. 9 N., R. 2 W., P.M.M., then East to the NE~ Corner of the SW~SW~ of Section 29, T. 9 N., R. 2 W., P.M.M., then North along the West 1/16 line of Sections 29 and 20, T. 9 N., R. 2 W., P.M.M., to the NW Corner of the S\S\NE~SW!:o of Section 20, T. 9 N., R. 2 W., P.M.M., then due East to the North-South Center 1/4 line of said Section 20, then North along said N-S 1/4 line to the SW Corner of COS 140653, Folio 300C, then following the perimeter description of COS 140653, Folio 300C Southerly and Easterly to its SE Corner, then Northerly along the easterly boundary of COS 140653, Folio 300C to the north section line of Section 20, T. 9 N., R. 2 W., P.M.M., then East along the north section line of said Section 20 to the NE Corner of Section 20, T. 9 N., R. 2 W., P.M.M., then North along the west section line of Section 16, T. 9 N., R. 2 W., P.M.M., to the NW Corner of said Section 16, then West along the south section line of Section 8, T. 9 N., R. 2 W., P.M.M., to the N-S Center 1/4 Line of Section 8, then North along the N-S Center 1/4 Line of Sections 8 and 5 to the E-W 1/16 line of Section 5, then West along the E-W 1/16 Line to the East right of way of State Highway 518, then South along the east right of way of State Highway 518 to GEO Line 5156, then Southerly and Westerly along State Highway 518 to its intersection with Southeasterly Corner of COS 151844, Folio 352C in Section 13, T. 9 N., R. 3 W., P.M.M., then Northerly along said COS boundary to the Northeasterly Corner of COS 151844, Folio 352C, then West along the north boundary of COS 151844, Folio 352C to the east boundary of COS 158028, Folio 384D, then North along the boundary of COS 158028, Folio 384D to the NE Corner of said COS 158028, Folio 384D, then West along the north boundary of COS 158028, Folio 384D to the west section line of Section 13, T. 9 N., R. 3 W., P.M.M., then North along Section Line of Sections 12 and 13 to GEO Line 5155, then West along GEO Line 5155 to its intersection with Interstate Highway 15, then Northerly along Interstate Highway 15 to its intersection with Geo Line 5156, then East along Geo Line 5156 to the North South Center 1/4 Line of Section 11, T. 9 N., R. 3 W., P.M.M., then North along said 1/4 Line to the center of Section 2, T. 9 N., R. 3 W., P.M.M., then Northerly and Easterly along a line extending to the NE Corner of Section 2, T. 9 N., R. 3 W., P.M.M., to the intersection with the north county line for Jefferson County, then East along the county line to the place of beginning. '. Commercial: Beginning at the intersection of Jackson Creek Road and the west section line of Section 14, T. 9 N., R. 3 W., P.M.M., then North along the west section line of Section 14, T. 9 N., R. 3 W., P.M.M., to Geo Line 5156, then East along Geo Line 5156 to its intersection with Interstate Highway 15 in Section 11, T. 9 N., R. 3 W., P.M.M., then South along Interstate Highway 15 to the south boundary line of Section 11, T. 9 N., R. 3 W., P.M.M., then East along the south line of Section 11 to its intersection with Wonder Road, then Southeasterly along Wonder Road to its intersection with Microwave Hill Road, then South along Microwave Hill Road to its intersection with Highway 518 in Section 14, T. 9 N., R. 3 W., P.M.M., then due South on a line to a point where the Interstate Highway 15 right of way and the abandoned railway right of way intersect in the SE~ of Section 14, T. 9 N., R. 3 W., P.M.M., then due West to a point 200 feet west of the frontage road right of way, then North to the Southwest corner of Lot 1 of Jefferson Hills Subdivision, then North along a line, being more or less, the west boundary lines of Lots 1, 2, 3, 4, 5, 6, 7 and 8 of Jefferson Hills Subdivision to the Northwest Corner of said Lot 8, also being a north boundary of said Jefferson Hills Subdivision, then West along said boundary to the Southeast Corner of Lot 20 of Jefferson Hills Subdivision, then North along said boundary to its intersection with Jackson Creek Road, then West along Jackson Creek Road to the place of beginning. 3.3.31 3.3.32 3.3.33 Exhibit B RESIDENTIAL MEDIUM DENSITY. The purpose of this classification is to: 1. Encourage well planned residential development with a dwelling density lower than or equal to 1 dwelling unit per 5 acres that is within reasonable proximity to basic public services; 2. Provide for substantial open space and generally preserve the view shed; 3. Provide for a planned roadway system including adequate access for emergency response servIces; 4. Plan and provide for community health and safety; 5. Maintain community character; 6. Retain and augment community amenities; and, 7. Protect and preserve environmental quality. Permitted Uses I. Single family residential dwelling units constructed or assembled on site. 2. Home Based Businesses conforming to the Requirements for Home Based Businesses in these regulations. 3. Fire stations and water storage facilities. 4. Parks or playgrounds. 5. Day-care or private schools serving 6 or fewer children or adults. Conditional Uses 1. Two family attached dwellings (duplex); 2. Temporary buildings or structures; 3 Community water or septic systems; 4. Agricultural/horticultural/silivicultural uses; 5. Not more than one guest house or family hardship dwelling; 3.3.34 6. Dwellings whose building area (footprint) is less than 1200 square feet or whose total square footage is less than 2000 square feet; 7. Electrical distribution stations. Prohibited Uses. 1. Manufactured home parks; 2. Tire incineration; 3. Junk yards and landfills; 4. Storage or contractor yards; 5. Commercial businesses; 6. Kennels; 7. Cemeteries, mausoleums, columbariums or crematoriums; 8. Class B manufactured homes; 9. Residential treatment or care centers in excess of 6 residents; 10. Recreational vehicle parks; 11. Extractive industries; 12. Commercial or public radio or television broadcast towers or stations; 13. Rifle or other shooting ranges; 14. Multifamily dwellings; 15. Churches and other places of worship; 16. Water and sewage treatment plants; 17. Riding academies; 18. Small animal veterinary clinics; 19. Bed and Breakfast facilities; , 3.3.35 3.3.36 20. Day Care or public or private schools serving more than 6 persons; Livestock I. Livestock are not permitted on lots of less than five acres. 2. Horses, cows, domestic poultry, and dogs, cats and other household pets may be kept and/or maintained but the carrying capacity as determined by the governing body must be adhered to. Raising or caring for any animals or fowl solely for the purpose of sale or any other commercial basis is not permitted. All animals and fowl must be kept under control at all times and confined to the property owned or occupied by the owners of said animals or fowl. Nor shall any owners allow any animals or fowl to become a hazard or nuisance to other persons or wildlife residing in the area. Bulk and Dimensional Requirements- I. Minimum lot area: 5 acre; 2. Minimum lot width: 200 feet; 3. To provide Minimum size and adequate open space, the principal structure must be set back from the property line by: Front: 40 feet Side: 40 feet Side Corner: 40 feet Rear: 40 feet And set backs for detached accessory structures, Front: 40 feet Side: 40 feet Side Corner: 40 feet Rear: 40 feet 4. A 40-foot setback is required from streams, rivers, and unprotected lakes which do not serve as property boundaries. 5. Set back required for County roads and State and Federal highways will be 20 feet as measured from the edge of easement or right-of-- way, whichever applies. * As defined in the County Comprehensive Plan and County Road Standards. 6. Maximum Building Height: 35 feet 0" .' ~ 7. 8. 9. 10. , Permitted lot coverage: 25% Fences must be sound and well maintained. Off-Street Parking: See Section 4.4.7 Lighting: See Section 4.4.6 ---