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1992-08-26/Resolution 20-1992/22-1992 Emergency Zoning Regs / RESOLUTION NO. 20-92 RESOLUTION SETTING PUBLIC HEARING ON TEMPORARY INTERIM ZONING REGULATIONS AND MAP WHEREAS, Jefferson County, Montana, acting by and through its Planning Board, is presently conducting land use studies and is preparing a proposed master plan for the entirety of the "jurisdictional area" (which comprises the entirety of Jefferson County), which process will be completed within a reasonable time hereafter; and, WHEREAS, the Planning Board will then propose said master plan for adoption by the Board of County Commissioners and may propose land use regulations and/or zoning regulations for adoption by the Board. of County Commissioners, which said regulations may be applicable to some or all of Jefferson County's jurisdictional area; and, WHEREAS, the majority of the privately owned lands within Jefferson County have trad~tionally been used for purposes of "commercial agricultural," including grazing, production, and/or feeding of livestock, growing and/or production of field crops, horticul ture, and other agricultural uses, which uses have generally defined the rural "lifestyle" of Jefferson County's residents and have constituted the "backbone" of the County's economic base; and, WHEREAS, in recent years, portions of Jefferson County have experienced rapid, uncontrolled, and unplanned subdivision development and residential growth which have, in many cases, 1 ~:. occurred on lands previously devoted to commercial agriculture, have been incompatible with existing commercial agriculture uses conducted on nearby properties, and have detrimentally affected such uses through trespass, livestock harassment, noxious weeds, interference with irrigation facilities, and threatened nuisance suits against agricultural operators; and, WHEREAS, in a number of cases, this disorderly development has resulted in the loss of important agricultural lands, has destroyed a portion of the County's economic base, has caused serious overcrowding in public schools, and/or has placed substantial additional demands upon the County's ability to provide essential public services, and the associated costs have not been offset by any proportionate increase in tax collections so that the costs of such disorderly development have been paid by existing residents and taxpayers; and, WHEREAS, such subdivision and development pressures have recently come to bear upon substantial portions of southern Jefferson County and are now threatening to impact the area described in Exhibit "A" hereto; and, WHEREAS, Jefferson County, acting by and through its duly authorized Board of County Commissioners, has therefore determined that any such subdivision and development activities and uncontrolled residential growth may consti tute an "emergency" situation wi thin the meaning of ~ 76-2-206, MCA; and, 2 WHEREAS, a number of the residents in the area described in Exhibit "A" have requested the Board of County Commissioners to adopt temporary interim zoning regulations and a temporary interim zoning map for such area, in order to preserve the status WJQ pending the adoption by the County of the proposed master plan and any land use controls which may ultimately appear necessary; and, WHEREAS, the Board of County Commissioners has reviewed a proposed draft of such temporary interim zoning regulations, including a proposed temporary interim zoning map; THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Jefferson County, Montana, as follows: l. That said Board of County Commissioners shall hold a public hearing at 7:00 l4 p.m. - , o'clock on September 1992, at COURTROOM - JEFFERSON COUNTY COURTHOUSE at BOULDER , Jefferson County, Montana, to consider the proposed adoption, as an emergency measure pursuant to ~ 76-2-206, MCA, of temporary interim zoning regulations and a temporary interim zoning map, the purpose of which shall be to classify and regulate such uses and related matters as constitute the above-described emergency. 2. That notice of this public hearing, on the proposed temporary interim zoning regulations and map, shall be published once a week for two (2) weeks in the newspaper designated by the Board of County Commissioners for publication of legal notices and also for two (2) weeks (two times) in a newspaper of general 3 circulation within the county, and said notice shall comply with the requirements of ~ 76-2-205(l), MCA. 3. That, at the public hearing, the Board of County Commissioners shall give the public an opportunity to be heard regarding the proposed temporary interim zoning regulations and temporary interim zoning map. 4. That, after such public hearing, the Board of County Commissioners shall review the proposed temporary interim zoning regulations and map and shall make such revisions or amendments as it may deem proper, and may then adopt the same as an emergency measure pursuant to ~ 76-2-206, MCA, and pursuant to applicable statutes governing the adoption of emergency measures and resolutions. DATED this 26th day of August, 1992. OUNTY COMMISSIONERS OF COUNTY, MON ANA DAVI ~?A'n ()p7J--(?A~Afl J~C JANACA;ro, Commissioner (SEAL) ~ t!.. .A7;;::;-.:=r ES C. STOUT, Commissioner ATTEST: ~ and Jefferson Recorder 4 REAL PROPERTY SUBJECT TO EMERGENCY ZONING ORDINANCE JEFFERSON COUNTY, MONTANA: TOWNSHIP ~ NORTH, RANGE 2 WEST ALL OF SECTIONS 1~ & 15; N1/2, SW, & N1/2SE OF SECTION 19; ALL OF SECTIONS 22-28; Sl/2, NE, Sl/2NW, & PART OF NENW OF SECTION 29 (EXCLUDING PARCEL OWNED BY EVE D. TWOHY, ETAL. AS RECORDED IN BOOK 111, PAGE 128 & 132); Sl/2 & Sl/2NE OF SECTION 30: ALL OF SECTIONS 31-36. TOWNSHIP ~ NORTH, RANGE 3 WEST E1/2 OF SECTION 2~: Sl/2, W1/2NE, & NW OF SECTION 25; Sl/2 OF SECTION 26; ALL OF SECTIONS 3~-36. TOWNSHIP 3 NORTH, RANGE 1 WEST ALL OF SECTIONS ~-8; 18-20; W1/2 OF SECTION 21; SECTIONS 28-3~; W1/2 OF SECTION 35. ALL OF TOWNSHIP 3 NORTH, RANGE 2 WEST ALL OF SECTIONS 1-36. TOWNSHIP 3 NORTH, RANGE 3 WEST ALL OF SECTIONS 1-~; 9-16; 21-28; 32-36. TOWNSHIP 2 NORTH, RANGE 1 WEST ALL OF SECTION 1; ALL OF SECTIONS 2-12; THAT PORTION OF SECTIONS 13, 1~, & 15 LYING NORTH OF INTERSTATE HIGHWAY 90; N1/2 OF SECTION 18; THAT PORTION OF SECTION 22 LYING NORTH OF INTERSTATE HIGHWAY 90 (APPOROXIMATELY 27 ACRES); N1/2, N1/2SW, SESW, & SE OF SECTION 2~; ALL OF SECTION 25; 29-31; NW & Sl/2 OF SECTION 32; W1/2 OF SECTION 33; ALL OF SECTIONS 35 & 36. TOw~SHIP 2 NORTH, RANGE 2 WEST ALL OF SECTIONS 1-12; 1~-18; E1/2 OF SECTION 19; 20-22; NW OF SECTION 2~; Sl/2, Sl/2NW, NE, & PART OF N1/2NW, OF SECTION 25 (EXCLUDING A PARCEL OWNED BY BRUCE & KATHY GALBREATH, RECORDED IN BOOK 123, PAGE 222-22~ IN SURVEY i125179): NW OF SECTION 26; ALL OF SECTIONS 27-29; E1/2 OF SECTIONS 30 & 31; 32-3~; ALL OF SECTION 36. TOWNSHIP 2 NORTH, RANGE 3 WEST ALL OF SECTIONS 1; ~; 5; NE & N1/2NW OF SECTION 12. TOWNSHIP 1 NORTH, RANGE 1 WEST ALL OF SECTIONS 1-8; 16-21; COUNTY. 29-32 LOCATED IN JEFFERSON TOWNSHIP 1 NORTH, RANGE 2 WEST ALL OF SECTIONS 1-6; 7-15; 23-27 LOCATED IN JEFFERSON COUNTY; ALL OF SECTIONS 35 & 36 LOCATED IN JEFFERSON COUNTY. Exhibit "An :/ . RESOLUTION dd -9,;) RESOLUTION CREATING INTERIM ZONING DISTRICT FOR CARDWELL/LOWER BOULDER VALLEY AREA OF JEFFERSON COUNTY MONTANA AND ADOPTING TEMPORARY. INTERIM ZONING REGULATIONS WHEREAS, the majority of the privately owned lands within Jefferson County have traditionally been used for "commercial agriculture" (including grazing, production, and/or feeding o~ livestock, growing and/or production of field crops, and other - - - --- -- ---- -- agricurtural- i:i'Ses) , -for "commercial horticulture" (in limited instances), and/or for the growing of timber or the recovery of mineral resources, which uses have generally defined the rural "lifestyle" of the County's residents and have constituted the "backbone" of the County's economic base; and, WHEREAS, such commercial agricultural uses have generally required large areas of undeveloped, sparsely populated land in order to remain economically viable and in order to survive as an ongoing activity; and, WHEREAS, in recent years, portions of Jefferson County have experienced rapid, uncontrolled, and unplanned subdivision 'l@, .,. development and residential growth; in many instances, these activities have occurred on lands previously devoted to commercial agriculture, have been incompatible with existing commercial agricultural uses conducted on nearby properties, and have detrimentally affected such uses; and, WHEREAS, in some cases, these activities have caused serious overcrowding in public schools and have placed 1 ;... substantial additional demands upon the County's ability to maintain roads and provide law enforcement, fire protection, and other governmental services, the increased costs of which have not been offset by increases in tax collections so that the costs of such growth have been paid by existing residents and taxpayers; and, WHEREAS, such subdivision and development pressures have recently come to bare upon substantial portions of southern' Jefferson County and, while the area proposed to be subject to_ - ---- interim zoning regulations has not previously borne such pressures, the same are now threatening to impact said area; and, WHEREAS, the Jefferson County Planning Board has hired a planner, has undertaken the preparation of a comprehensive master plan for Jefferson County, Montana, and may recommend, to the Board of county Commissioners of Jefferson County, Montana, the adoption of the same; and, WHEREAS, JefFerson County is therefore conducting studies and holding.., ""'" ~ ..1ls:it.~""et e""-' __..,; - '.". ,. .-.... -';1U".,,;tf;~~-"" for the purpose of considering such a ~risdictional area, which constitutes the pursuant to the provisions of Title 76, and, WHEREAS, after due and proper notice, the Board of County Commissioners of Jefferson County conducted a public hearing on September 14, 1992, pursuant to ~ 76-2-206, MCA, for the purpose of reviewing proposed temporary interim zoning regulations and 2 a proposed interim zoning map, at which hearing the Board afforded all persons, corporations, and governmental entities an opportunity to be heard in regard to the same; and, WHEREAS, said Board of County Commissioners has received public comment on the proposed interim zoning regulations and interim zoning district, has heard the protests of several persons and corporations (none of whom reside within the area proposed to be subject to said regulations), and has considered all of the same; and, WHEREAS, any such subdivision and development activities and uncontrolled residential growth wi thin the subj ect area, during the period in which Jefferson County's proposed master plan is being developed, constitute an emergency situation which would destroy the status ID.!Q and limit or destroy Jefferson County's ability to provide for orderly and proper long term planning and development of a nature which would be beneficial to Jefferson County residents and to the residents of the subject area; and, WHEREAS, pending the preparation, review, consideration and/or adoption of such a comprehensive master plan, it is the posi tion of Jefferson County that the status ID.!Q should be preserved within that portion of Jefferson County, generally described as the "Cardwell/Lower Boulder Valley area" and which is described in the proposed "Emergency Zoning Regulations For Cardwell/Lower Boulder Valley Area of Jefferson County, Montana" and included zoning district and map, attached hereto; and, 3 WHEREAS, the adoption on an emergency basis of the accompanying temporary, interim zoning regulations and zoning map is therefore necessary and appropriate in order to further the public interests described in ~ 76-2-203, MCA, and in order to promote the public health, safety, and general welfare; NOW, THEREFORE, BE IT RESOLVED, as follows: 1. That an emergency situation, as above-described and as. further described in the attached "Emergency Zoning Regulations For Cardwell/Lower Boulder Valley Area of Jefferson County, Montana" presently exists, and that such situation requires immediate, emergency action so as to protect the public health, safety, and general welfare. 2. That the "Emergency Zoning Regulations For Cardwell/Lower Boulder Valley Area of Jefferson County, Montana," real property description, and attached zoning map, all of which are by this reference incorporated herein, ARE HEREBY ADOPTED. 3. That this Resolution, and the said Emergency Zoning Regulations, real property description, and attached zoning map, shall be effective immediately and shall be in effect for a term of one year hereafter, subject to the authority of this Board of 4 County Commissioners to extend the same for an additional term of one year. DATED this ..7. / day of September, 1992, effective ITUnQ QXQ ~ as of September 18, 1992. OF (SEAL) ':?,." /1 //,- DAVID R. ANDERSON, Chairperson . J~1~:c~~~:-~er ATTEST: ;2 €9 ( .'CIVI, rIA J /YYl j/.~ BONNIE RAMEY Jefferson County Clerk and Recorder 5 >-- / NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN that the Board of County Commissioners of Jefferson County, Montana, will hold a public hearing at '7:{)() o'clock .f!.....m. on September /</ , 1992, at the COURTROOM-JEFFERSON COUNTY COURTHOUSE at BOULDER , . Jefferson County, Montana, to consider the proposed adoption, as an emergency measure pursuant to ~ 76-2-206, MCA, of temporary interim zoning regulations and a temporary interim zoning map, the purpose of which shall be to classify and regulate such uses and related matters as constitute the emergency. If adopted, such temporary interim zoning regulations and temporary interim zoning map shall be in effect for a period of one year from the date the same become effective; provided, however, that the Board of County Commissioners may extend the same for one additional year thereafter. NOTICE IS FURTHER GIVEN that the temporary interim zoning regulations and temporary interim zoning map, if adopted, shall apply to and regulate land uses in that portion of the jurisdictional area of Jefferson County shown and described in Exhibit "A" hereto. The purpose of the proposed temporary interim zoning regulations and temporary interim zoning map shall be: to classify and regulate land uses and related matters, to protect public health, safety, morales, and general welfare; to provide for local review and authority concerning any proposed land use which may be contrary to the public interest and/or to the 1 - r interest of those persons in the area subject thereto; and to classify and regulate all such contrary uses, which constitute the emergency, so as to preserve the status WJQ pending completion by Jefferson County of a master plan for its jurisdictional area, pending a determination by it as to the nature of uses appropriate to the above-described portion of its jurisdictional area, and a determination as to appropriate permanent zoning regulations for such area, if any. NOTICE IS FURTHER GIVEN that the proposed zoning regulations will generally prohibit the use of land for purposes other ~ the following: 1. Commercial agricultural and horticultural uses, farms, ranches, and all accessory uses, buildings and facilities necessary for the proper conduct of commercial agricultural and/or horticultural uses; 2. Farm/ranch dwellings; 3. Farm/ranch buildings; 4. Irrigation systems and drainage systems; 5. Feedlots and poultry facilities; 6. Timber-growing uses; 7. Residential uses, buildings and structures, associated with the growing of timber, or with the complete use, development, or recovery of any commercial or forest resources by the owner thereof, limited to single-family residential uses and to one single-family structure or mobile home per 640 acres; 8. Metal mining and other mineral recovery uses, including also all uses, buildings, structures and facilities necessary to the complete use, development, or recovery of any mineral resource, as contemplated under ~ 76-2-209, MCA; 9. Veterinary offices and clinics and veterinary hospitals; 2 lO. Businesses engaged in the sale or repair of agricultural and/or livestock equipment; 1l. Commercial business uses, buildings, structures, facilities and operations for the storage, use, development, recovery, processing and/or manufacture of livestock, agricultural, horticultural, or forest, resources and products, and all attendant uses, structures and facilities necessary for any such operation; 12. One non-farm/ranch dwelling per each 640 acres, provided that the same shall be separated by at least 660 feet from the nearest farm/ranch dwelling or farm/ranch building. l3. Home occupations; l4. Public and private utilities and facilities and communications facilities; 15. Public and private transportation uses and facilities; 16. Schools and parks; 17. Governmental uses, structures and facilities; l8. Churches; and, 19. Accessory buildings and uses. NOTICE IS FURTHER GIVEN that said proposed regulations will provide that those uses, presently existing or being conducted within the subject area, but which are not listed or described above as permitted uses, shall be deemed "non-conforming" and shall be allowed to continue in existence, but shall be limited to their presently existing use at their present sizes. Copies zoning of the proposed, temporary interim regulations and temporary interim zoning map, hereinabove described, are on file for public inspection at the Office of the Jefferson County Clerk and Recorder in the Jefferson County 3 '.- Courthouse at Boulder, Montana, and copies of the same can be obtained from said Clerk and Recorder or from the Board of County Commissioners of Jefferson County at the Jefferson County Courthouse Annex, P.o. Box H, Boulder, Montana 59632. Information can also be obtained by contacting said Board of County Commissioners at the foregoing address or at telephone: 406-225-4251. After the public hearing, the Board of County Commissioners shall review the proposed zoning regulations and zoning map and any public comment thereon, may make such revisions or amendments to the proposed regulations and map as it may deem proper, and may thereupon adopt the same as an emergency measure for some or all of the above-described area. DATED this 26th day of August, 1992. (SEAL) BOARD OF COUNTY COMMISSIONERS OF m;l?;a~:ANA DAVID R. ANDERSON, Chair ATTEST: lerk and 4 ~.~----- REAL PROPERTY SUBJECT TO EMERGENCY ZONING ORDINANCE JEFFERSON COUNTY, MONTANA: TOWNSHIP ~ NORTH, RANGE 2 WEST ALL OF SECTIONS 1~ & 15; N1/2, SW, & N1/2SE OF SECTION 19; ALL OF SECTIONS 22-28; Sl/2, NE, Sl/2NW, & PART OF NENW OF SECTION 29 (EXCLUDING PARCEL OWNED BY EVE D. -TWOHY, ETAL. AS . RECORDED IN BOOK 111, PAGE 128 & 132): Sl/2 & Sl/2NE OF SECTION 30; ALL OF SECTIONS 31-36. TOWNSHIP ~ NORTH, RANGE 3 WEST E1/2 OF SECTION 2~; Sl/2, W1/2NE, & NW OF SECTION 25; Sl/2 OF SECTION 26; ALL OF SECTIONS 3~-36. TOw~SHIP 3 NORTH, RANGE 1 WEST ALL OF SECTIONS ~-8: 18-20; W1/2 OF SECTION 21; SECTIONS 28-3~; W1/2 OF SECTION 35. ALL OF TOWNSHIP 3 NORTH, RANGE 2 WEST ALL OF SECTIONS 1-36. TOWNSHIP 3 NORTH, RANGE 3 WEST ALL OF SECTIONS 1-~; 9-16; 21-28; 32-36. TOWNSHIP 2 NORTH, RANGE 1 WEST ALL OF SECTION 1; ALL OF SECTIONS 2-12; THAT PORTION OF SECTIONS 13, 1~, & 15 LYING NORTH OF INTERSTATE HIGHWAY 90; N1/2 OF SECTION 18; THAT PORTION OF SECTION 22 LYING NORTH OF INTERSTATE HIGHWAY 90 (APPOROXIMATELY 27 ACRES); Nl/2, Nl/2SW, SESW, & SE OF SECTION 2~: ALL OF SECTION 25; 29-31; NW & Sl/2 OF SECTION 32; W1/2 OF SECTION 33; ALL OF SECTIONS 35 & 36. TOWNSHIP 2 NORTH, RANGE 2 WEST ALL OF SECTIONS 1-12; 1~-18; E1/2 OF SECTION 19; 20-22; NW OF SECTION 2~; Sl/2, Sl/2NW, NE, & PART OF N1/2NW, OF SECTION 25 (EXCLUDING A PARCEL OWNED BY BRUCE & KATHY GALBREATH, RECORDED IN BOOK 123, PAGE 222-22~ IN SURVEY i125179); NW OF SECTION 26; ALL OF SECTIONS 27-29; E1/2 OF SECTIONS 30 & 31; 32-3~; ALL OF SECTION 36. TOWNSHIP 2 NORTH, RANGE 3 WEST ALL OF SECTIONS 1; ~; 5; NE & N1/2NW OF SECTION 12. TOWNSHIP 1 NORTH, RANGE 1 WEST ALL OF SECTIONS 1-8; 16-21; COUNTY. 29-32 LOCATED IN JEFFERSON TOWNSHIP 1 NORTH, RANGE 2 WEST ALL OF SECTIONS 1-6: 7-15: 23-27 LOCATED IN JEFFERSON COUNTY; ALL OF SECTIONS 35 & 36 LOCATED IN JEFFERSON COUNTY. , , I I Exhibit "An ,,:.; EMERGENCY ZONING REGULATIONS FOR CARDWELL/LOWER BOULDER VALLEY AREA OF JEFFERSON COUNTY MONTANA I. STATEMENT OF PURPOSE AND DECLARATION OF EMERGENCY. The majority of the privately owned lands within Jefferson County, Montana, have traditionally been used for purposes of "commercial agriculture," including grazing, production, and/or feeding of livestock, growing and/or production of field crops, horticulture, and other agricultural uses, and/or have been used for the growing of timber or the recovery of mineral resources. Such uses have generally defined the rural "lifestyle" of Jefferson County's residents, and they have constituted the "backbone" of the County's economic base. Because of the nature of such commercial agricultural uses, they have generally required large areas of undeveloped, sparsely populated land in order to remain economically viable and in order to survive as an ongoing activity. These uses and large tracts of land have further been recognized by ranchers and farmers, and by Jefferson County's other residents, as being necessary to the desirability, usefulness and value of the County as a place to live, raise families, work, and recreate. These agricultural uses and sparsely populated tracts of land, by their own nature, have lessened congestion in' the County's streets and roads, have secured safety from fire, panic, and other dangers, have provided adequate light and air, have prevented the overcrowding of land and the undue concentration of population, have facilitated the adequate 1 /, I ,I ,I provision of transportation, water, sewerage, schools, parks and other public improvements, and have generally promoted the health and welfare of the public. They have also established a relatively low demand for public services (such as roads, schools, law enforcement, and other governmental services) and have generated sufficient taxes to pay for such services at a relatively low cost to existing taxpayers. In recent years, however, portions of Jefferson County have experienced rapid, uncontrolled, and unplanned subdivision development and residential growth. This disorderly development has, in many cases, occurred on lands previously devoted to commercial agriculture, has been incompatible with existing commercial agriculture uses conducted on nearby properties, and has detrimentally affected such uses. Detrimental impacts have occurred in the form of trespass, livestock harassment, noxious weeds, interference with irrigation facilities, and threatened nuisance suits against agricultural operators. In a number of cases, this disorderly development has resulted in the loss of important agricultural lands and has destroyed a portion of the economic base 9f the County. In some cases, uncontrolled, unregulated, and unplanned subdivision activity has caused serious overcrowding in public schools and has placed substantial additional demands upon the County's ability to maintain roads and provide law enforcement, fire protection, and other governmental services. Generally, the associated costs have not been offset by any Rroportionate 2 .... . """ .::- " ;.:; increases in tax collections, so that the costs of such growth . ," have been paid by existing residents and taxpayers. Such subdivision and development pressures have recently come to bear upon substantial portions of southern Jefferson County. The area subject to these regulations has not previously borne such pressures, but .,the same are now threatening to impact the area subject to these regulations. Jefferson County, acting by and through its duly authorized Board of County Commissioners, has therefore determined that any such subdivision and development activities and uncontrolled residential growth are, and will be, contrary to the public interest and to the interests of persons, businesses ~nd other uses presently existing in the area (especially, to the existing commercial agricultural uses), detrimental to the orderly and proper long term development of the area, and/or contrary to the public health, safety, morals, and general welfare. Said County has therefore determined, and does hereby declare, that any and all such unregulated and unplanned subdivision activity constitutes an "emergency" situation within the meaning of ~ 76- 2-206, MCA, and finds all such activity and uses to constitute such emergency. The County, acting by and through its Planning Board, is presently preparing a proposed master plan for the entirety of the "j urisdictional area" (which comprises the entirety of Jefferson County). This process will be completed wi thin a reasonable time hereafter, and the Planning Boa;rd will then . ~ y- ~,'" " 3 f ,. -- ",,,+'. -;. ~",-, ... propose said master plan for adoption by the Board of County Commissioners. Pending the preparation, review and adoption by the County of the proposed master plan, and the adoption of any land use controls which may ultimately appear necessary, it is the position of said County that the status ID.!Q should be preserved within the area subject to these regulations. The adoption of these regulations is therefore necessary and appropriate in order to: (a) promote the public health, safety, morals and general welfare; (b) ensure that land within the subject area retains its desirability, usefulness and value to its owners and to the public in general; (c) ensure that use and development of land within the area can occur in accordance with a comprehensive development plan so as to benefit the overall public interest; (d) ensure that any subdivision activity, use and development shall occur only in a manner which gives reasonable consideration to the character of the subject area and its peculiar suitability for commercial agricultural uses, livestock grazing, horticul ture, other agricultural uses, and/or the growing of timber or the recovery of mineral resources; (e) conserve the value of land and buildings and encourage the most appropriate use of land throughout the jurisdictional area of Jefferson County; (f) preserve the area's rural lifestyle and economic base; and, (g) avoid unplanned impacts and demands upon public services, the costs of which may, or will, not be compensated for by any corresponding increases in the tax base. II. AREA SUBJECT TO REGULATIONS. The provisions of these regulations shall apply to the real property: shown and 4 ~ . , $ ';'. described in the real property description attached as Exhibit "A" hereto, and on the zoning map attached as Exhibit "B," which real property is located in Jefferson County, Montana. III. DEFINITIONS. A. As used in these regulations, and unless otherwise defined in a particular provision: 1. Words in the present tense shall also include the future tense. 2. Words or phrases used in the singular number shall also include the plural, and words used in the plural shall also include the singular. 3. The word "building" includes structure and "structure" includes building. 4. The word "shall" is mandatory and not permissive. 5. The word "may" is permissive. 6. Where terms are not defined, they shall have their ordinarily accepted meanings within the context in which they are used. "Webster's Third New International Dictionary of the English Language, Unabridged," copyright 1961, shall be considered as proving the ordinarily accepted meanings of any words used herein. B. For the purposes of these regulations: 1. "Accessory building or use" means the use of building or land, such building or use being secondary, incidental or subordinate to the principal building or use. 2. "Building" means any structure or mobile home built or used for the support, shelter, or enclosure of persons, animals, chattels, or property of any kind or for permitted business uses. 3. "Church" means a building designed and used for public worship by a religious body, group or organization and including a residence occupied by the 5 minister of such church, but not including operated private school, nursing care nursing home, or hospital. a church- facility, 4. "Commercial agriculture" means the use of land for the grazing, production, and/or feeding of livestocke, for the production of livestock products, and/or for the production of field crops, which activity is conducted for the production of income, including but not limited to the following: (a) 'Livestock,'-including: beef cattle, dairy cattle, horses, sheep, hogs, goats, poultry, game birds, animals for slaughter, and other animals including commercial deer or elk for meat and/or horns, mink, rabbits, and similar animals; (b) Field crops,_ including: wheat, barley, oats, rye, soy beans, hay, and similar crops, and also including any such crops for seed purposes, and potatoes and sugar beets; (c) Livestock products, including: meat, milk, butter, cheese, eggs, fur, horns, and honey. 5. "Drainage system" means any natural or artificial feature or structure used for the conveyance, drainage, or storage of surface and/or underground water, including, but not limited to, streams, rivers,' creeks, ditches, channels, conduits, gulleys, ravines, washes, lakes, or ponds, and structures such as culverts, drainage tile, dams, bridges, and water- storage basins. 6. "Farm" or "ranch" means real property used for commercial agriculture or horticulture, comprising at least 640 contiguous acres and which may contain other contiguous or noncontiguous acreage, all of which is owned and operated 'by a single family, family corporation, individual, or corporation. 7. "Farm/ranch building" means any building or accessory structure, other than a farm/ranch dwelling or non-farm/ranch dwelling, which is used in a farming or ranching operation, including, but not limited to, a barn, calving shed, granary, silo, farm implement storage building, equipment storage building, 'or milk house. 6 " 8. "Farm/ranch dwelling" means a single-family dwelling located on a farm or ranch which is used or intended for use by the owner of the farm or ranch or by a person employed thereon. 9. "Feedlot" means a confined area or structure used for feeding, breeding, or holding livestock for eventual sale in which animal waste may accumulate but hot including barns, pens, or other structures used in cattle ranching or dairy farm operations. 10. "Home occupation" means an occupation, business or acti vi ty which is carried on entirely wi thin a farm/ranch residence, a non-farm/ranch residence, or accessory buildings, is clearly incidental to the use of the premises as a residence, does not change the residential character thereof, is conducted in such a manner as not to give any outward appearance or manifest any characteristic of a business in the ordinary meaning of the term, and does not infringe upon the right of any neighboring residents to enjoy the peaceful and lawful occupancy and use of their homes or property. 11. "Horticulture" means the use of land for ,the growing or production for income of frui ts; vegetables; flowers; nursery stock, including ornamental plants and trees; and cultured sod. l2. "Irrigation system" means any structure or equipment, whether mechanized or not, used to supply water for commercial agriculture or horticulture, including, but not limited to, wells, pumps, motors, pipes, sprinkler systems and/or pivots, culverts, gates, dams, ditches, tanks, ponds, and reservoirs. 13. "Mobile home" means a previously constructed, detached, single-family dwelling unit, constructed on one or more chassis, designed to be transportable or towed on.i ts own wheels to the point of use after fabrication, suitable for year-around occupancy, and containing a flush toilet, sleeping accommodations, tub or shower bath, kitchen facilities, and plumbing and electrical connections provided for attachment to appropriate external systems. 14. "Nonconforming parcel" means a parcel of land, which was lawfully created prior to the effective date of these regulations, but which does not conform to the parcel area and size required by these regulations. 7 <, 15. "Nonconforming use" means land, or a building, structure or facility, which was lawfully used or occupied prior to the effective date of these regulations, but which does not conform to the uses permitted by these regulations. 16. "Non-farm/ranch dwelling" means a single-family dwelling which is not a farm/ranch dwelling. 17. "Parcel" means a single parcel or plot of land, having specific boundaries and shown as an individual unit of ownership on the most recent plat or certificate of survey of record, or upon the most recent deed of record, and upon which a particular land use is carried on or conducted. l8. "Person" means any individual, firm, partnership, public or private association, social or fraternal organization, corporation, or any other group or combination acting as a unit. 19. "poul try facility" means a confined area or structured used intensively for raising, feeding, breeding, ,or holding chickens, turkeys, and other , poultry for eventual sale or the production of eggs. 20. "Structural alteration" means any change to the supporting members of a structure, such as bearing walls, columns or beams. 21 . "Structure" means anything constructed or erected above or below ground, affixed to the ground, or attached to something affixed to the ground. .. . 22. "Use" means the purpose or function for which a parcel, structure, building or facility is intended, designed, or constructed, and/or means the activity conducted on said parcel or within said struc.ture, building or facility. IV. PARCEL AREA AND SIZE. Wi thin the area subj ect to these interim zoning regulations, the uses permitted hereunder shall be conducted only on parcels comprising at least 640 acres in size; provided, however, that any permitted uses may also be conducted upon any parcel of a smaller size which existed of record as of the effective date of these regulatiqns. 8 , , V. PERMITTED USES. A. Wi thin the area subj ect to these interim regulations, only the following uses and buildings, others, are permitted: '1; Commercial agricultural and horticultural uses, farms, zoning and no ranches, and all accessory uses, buildings and facilities necessary for the proper conduct of commercial agricultural and/or horticultural uses; 2. Farm/ranch dwellings; 3. Farm/ranch buildings; 4. Irrigation systems and drainage systems; 5. Feedlots and poultry facilities; 6. Timber-growing uses; 7. Residential uses, buildings and structures, associated with the growing of timber, or with the complete use, development, or recovery of any commercial or forest resources by the owner thereof, limited to single-family residential uses and to one single-family structure or mobile home per 640 acres; 8. Metal mining and other mineral recovery uses, including also all uses, buildings, structures and facilities necessary to the complete use, development, or recovery of any mineral resource, as contemplated under ~ 76-2-209, MCA; 9. Veterinary offices and clinics and veterinary hospitals; lO. Businesses engaged in the sale or repair of 9 agricultural and/or livestock equipment; 11. Commercial business uses, buildings, structures, facilities and operations for the storage, use, development, recovery, processing and/or manufacture of livestock, agricultural, horticultural, or forest, resources and products, and all attendant uses, structures and facilities necessary for any such operation; 12. One non-farm/ranch dwelling per each 640 acres, provided that the same shall be separated by at least 660 feet from the nearest farm/ranch dwelling or farm/ranch building. 13. Home occupations; 14. Public and private utilities and facilities and communications facilities; 15. Public and private transportation uses and facilities; 16. Schools and parks; 17. Governmental uses, structures and facilities; 18. Churches; and, 19. Accessory buildings and uses. B. Within the area subject to these zoning regulations, the following essential public uses, structures, facilities, and services, and public and private utilities, shall be permitted as a matter of right: water tanks, water reservoirs, and water pumping stations; irrigation ditches and other irrigation- related facilities; water, waste water, and storm water drainage facilities (including also retention/detention, ponds and drainage ways); streets, roads and parking lots; local service lO electrical distribution lines and cables; local service natural gas distribution lines; local service telephone lines; local service telephone cable lines; local service electronic data transmission lines; amateur radio antenna towers; and other ,similar facilities, services and uses. VI. NONCONFORMING PARCELS BUILDINGS AND/OR USES. A. Within the area subject to these temporary zoning regulations, there may exist parcels, buildings, structures, facilities, and/or uses of land, buildings, structures and facili ties, which were lawful before the adoption of these regulations, but which would be prohibited, regulated, or restricted under these regulations. It is the intent of these regulations to permit such nonconforming parcels, buildings, structures, and facilities, and such nonconforming uses of land, buildings, structures and facilities, to continue until they are removed or otherwise made to conform, but not to encourage their survival. However, it is the express intent of these regulations that no nonconforming parcel shall be further divided or subdivided or otherwise disposed of or used in a manner which increases its nonconformity, and no other nonconformity shall be enlarged upon, expanded or extended, nor be used as grounds for adding other uses, structures or facilities prohibited elsewhere in the area, so that all of the same shall be limited to their presently existing size and/or use. 11 B. Where a parcel of land lawfully existed at the time of " adoption of these regulations, but which is of a size or area that would not be permitted by these regulations, such parcel may continue in existence and may be used for any purpose otherwise lawful, provided that no such nonconforming parcel shall be further divided or subdivided or otherwise reduced in size or area. C. Where a use of land or a building, structure or facili ty lawfully existed at the time of adoption of these regulations, but would not be permitted by these regulations, such use may be continued where it remains otherwise lawful, provided that: l. No such nonconforming use shall be enlarged or increased, nor extended to occupy a greater area of land, structure or facility than was occupied on the effective date of adoption of these regulations. 2. No such nonconforming use shall be increased or expanded beyond its level of activity and/or operation existing as of the effective date of adoption of these regulations. , 3. No such nonconforming use shall be moved in whole or in part to any portion of the lot or parcel, or to any other lot or parcel, other than that occupied by such use at the effective date of adoption of these regulations. 4. No addi tional structure or facili ty, not conforming to the requirements of these regulations, shall be erected in connection with such nonconforming use of land or structure. 5. If any such nonconforming use ceases for any reason for more than thirty (30) continuous days, any subsequent use of such land, structure or facility shall thereafter fully conform to the provisions of these regulations. 12 " 6. No nonconforming use of any land, structure or facility may be changed to another nonconforming use. D. Where a building or structure exists which was lawful at the effective date of adoption of these regulations, but which could not be built under the terms of these regulations, such building or structure may be continued so long as it remains otherwise lawful, subject to the following provisions: l. No such nonconforming building or be enlarged or altered in a way which nonconformi ty, but such building or portion thereof may be altered to nonconformity. structure may increases its structure or decrease its 2. If, by any means, such nonconforming building or structure, or nonconforming portion of a building or structure, is destroyed or damaged to an extent of more than seventy percent (70%) of its replacement cost at the time of such destruction or damage, it shall not be reconstructed except in conformity with the provisions of these regulations. 3. If, for any reason, such building or structure is moved from its location to any other location in the area subject to these regulations, it shall thereafter conform to these regulations. E. On any building or structure devoted in whole or in part to any nonconforming use, work may be done on ordinary fixtures, ordinary repairs, wiring, plumbing, repairs or replacement of bearing and/or nonbearing walls, and on major remodeling, provided such work does not work increase the cubic content, of the building or expand any adverse impacts upon other property in the area subject to these regulations. Further, nothing in these regulations shall be deemed to prevent the strengthening or restoring to safe condition of any building, structure or part thereof, declared to unsafe by ,any official 13 '. charged with protecting the public safety, upon order of such official. VII. EFFECT ON NATURAL RESOURCES. No provision of these regulations shall prevent the complete use, development, or recovery of any mineral, forest, or agricultural resources by the owner thereof. VIII. BOARD OF ADJUSTMENT. A. A Board of Adjustment is hereby established which may, , in appropriate cases and subject to appropriate conditions and safeguards, make special exceptions to the terms of these zoning regulations in harmony with their general purposes and intent and in accordance with the general or specific rules of Title 76, Chapter 2, Part 2, MCA. B. The membership of the Board of Adjustment, and the term of board members, shall be,as set forth in ~ 76-2-222, MCA. C. The Board of Adjustment shall adopt rules, and hold meetings, as set forth in ~ 76-2-221(2), MCA. D. The Board of Adj ustment shall have all powers and duties set forth in ~ 76-2-223, MCA. E. Action by the Board of Adjustment, public access to its activities, appeals to it, and appeals from its decisions, shall be governed by the provisions of ~~ 76-2-223 through 76-2-228, MCA. IX. ADMINISTRATION AND ENFORCEMENT. A. The Board of County Commissioners of Jefferson County, Montana, is hereby designated as the enforcement aqency that is l4 .. to supervise and enforce the provisions of these zoning regulations in accordance with law. The Board of County Commissioners may appoint one of its members to act as its agent or zoning officer to supervise and enforce the provisions of these'regulations. B. In case any lot" parcel or land is divided or subdivided or reduced in size or area so that the same does not comply with these regulations, or if the same or any building, structure or facility is used in violation of these regulations, or if any building or structure is erected, constructed, reconstructed, altered, repaired, converted or maintained in violation of these regulations, any person may file a written complaint with the Board of County Commissioners or with its designated agent or zoning officer. The Board, or its designated agent or zoning officer, shall then properly record such complaint, shall immediately investigate the same, and may take action thereof as provided by these regulations. c. In the case of any such violation of these regulations, the Board of County Commissioners, in addition to other remedies, may institute any appropriate action or proceedings to: (a) prevent construction, conversion or such unlawful use, erection, reconstruction, alteration, repair, maintenance; (b) restrain, correct or abate such violation; to- prevent the occupancy of such lot, parcel or land, or building, structure or facility; or, 15 '. . (c) prevent any illegal use, act, conduct or business in or about such lot, parcel, land, structure, facility or premises. X. VIOLATIONS AND PENALTIES. As provided by ~ 76-2-211, MCA, and in addition to the civil remedies provided by these regulations and ~ 76-2-210, MCA, the violation of these regulations is a misdemeanor punishable by a fine not exceeding $500.00, or by imprisonment in the Jefferson County jail for a term not exceeding six (6) months, or both. XI. SEVERABILITY. Should any section or provision of these zoning regulations be declared by a court to be unconstitutional, unlawful'or invalid, such decision shall not affect the validity of these regulations as a whole, or any part thereof, other than the part so declared to be unconstitutional, unlawful or invalid. . \ 16 . . . . " . REAL PROPERTY SUBJECT TO EMERGENCY ZONING ORDINANCE JEFFERSON COUNTY, MONTANA: TOw~SHIP ~ NORTH, RANGE 2 WEST ALL OF SECTIONS 1~ & 15; N1/2, SW, & N1/2SE OF SECTION 19; ALL OF SECTIONS 22-28; Sl/2, NE, Sl/2NW, & PART OF NENW OF SECTION 29 (EXCLUDING PARCEL OWNED BY EVE D. TWOHY, ETAL. AS RECORDED IN BOOK 111, PAGE 128 & 132); Sl/2 & Sl/2NE OF SECTION 30: ALL OF SECTIONS 31-36. TOWNSHIP ~ NORTH, RANGE 3 WEST E1/2 OF SECTION 2~; Sl/2. W1/2NE, & NW OF SECTION 25; Sl/2 OF SECTION 26; ALL OF SECTIONS 3~-36. TOWNSHIP 3 NORTH, RANGE 1 WEST ALL OF SECTIONS ~-8; 18-20; W1/2 OF SECTION 21; SECTIONS 28-3~; W1/2 OF SECTION 35. ALL OF TOWNSHIP 3 NORTH, RANGE 2 WEST ALL OF SECTIONS 1-36. TOWNSHIP 3 NORTH, RANGE 3 WEST ALL OF SECTIONS 1-~; 9-16; 21-28; 32-36. TOWNSHIP 2 NORTH, RANGE 1 WEST ALL OF SECTION 1; ALL OF SECTIONS 2-12; THAT PORTION OF SECTIONS 13, 1~, & 15 LYING NORTH OF INTERSTATE HIGHWAY 90; N1/2 OF SECTION 18; THAT PORTION OF SECTION 22 LYING NORTH OF INTERSTATE HIGHWAY 90 (APPOROXIMATELY 27 ACRES); N1/2, N1/2SW, SESW, & SE OF SECTION 2~; ALL OF SECTION 25; 29-31; NW & Sl/2 OF SECTION 32; W1/2 OF SECTION 33; ALL OF SECTIONS 35 & 36. TOw~SHIP 2 NORTH, RANGE 2 WEST ALL OF SECTIONS 1-12; 1~-18; E1/2 OF SECTION 19; 20-22; NW OF SECTION 2~; Sl/2, Sl/2NW, NE, & PART OF N1/2NW, OF SECTION 25 (EXCLUDING A PARCEL OWNED BY BRUCE & KATHY GALBREATH, RECORDED IN BOOK 123, ,PAGE 222-22~ IN SURVEY i125179); NW OF SECTION 26; ALL OF SECTIONS 27-29; E1/2 OF SECTIONS 30 & 31; 32-3~; ALL OF SECTION 36. TOWNSHIP 2 NORTH, RANGE 3 WEST ALL OF SECTIONS 1; ~; 5; NE & N1/2NW OF SECTION 12. TOWNSHIP 1 NORTH, RANGE 1 WEST ALL OF SECTIONS 1-8; 16-21; COUNTY. 29-32 LOCATED IN JEFFERSON TOWNSHIP 1 NORTH, RANGE 2 WEST ALL OF SECTIONS 1-6; 7-15; 23-27 LOCATED IN JEFFERSON COUNTY: ALL OF SECTIONS 35 & 36 LOCATED IN JEFFERSON COUNTY. Exhibit "A" I '1 _ ,. '~I , I I~ 'I '.c. 4~ s~..T ~.... E.~'.."1 ~-z..,I~ ~~._ I-..+i.l, ",< ~ >~~~';-" ) }0\ ,..; .,'j ..:::. I "."171' I b h 1 ii:<;;,.."-t- ,. )., ,q. .: II! PA D....!5i 1,/, - I" ".' J<R:~ '~. It.v ...:,r J~ ~ -21~""i0i A iit:-~{)i..r? 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