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RES 1989-12 CREATION OF SPECIAL ZONING DISTRICT 1 w RESOLUTION NO. RESOLUTION TO CREATE SPECIAL ZONING DISTRICT NO. 1 WHEREAS, a petition has been filed with the Board of County Commissioners of Jefferson County, Montana, requesting said Board of County Commissioners to order and create a planning and zoning district, appoint a planning and zoning commission for said district, and proceed thereafter in the manner provided by law; and, WHEREAS, the properties subject to the aforementioned petition, and to be included within the said planning and zoning district, are located in portions of Sections 3, 4, 5, 6, 7, 8, 9, and 10, Township 9 North, Range 3 West, Jefferson County, Montana, and are more particularly described in Exhibit "A" attached hereto; and, WHEREAS, the aforementioned petition was signed by more than sixty percent (60 %) of the freeholders affected thereby; and, WHEREAS, said Board of County Commissioners hereby finds that the public interest and convenience require the creation of the planning and zoning district as requested in the said petition; and, WHEREAS, pursuant to the provisions of Title 76, Chapter 2, Part 1, MCA, said Board of County Commissioners is authorized to create said planning and zoning district, which should be designated "Special zoning District No. 1" of Jefferson County, and to appoint a planning and zoning commission for the same; NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Jefferson County, Montana, as follows: 1. That a petition for the creation of Special zoning District No. 1 of Jefferson County, duly signed by sixty percent (60 %) or more of the freeholders affected thereby, has been presented and reviewed, and a copy of said petition is attached hereto and made a part hereof. 2. That the public interest and convenience require the creation of such planning and zoning district (the said Special Zoning District No. 1 of Jefferson County), the boundaries of 1 which are more particularly described in Exhibit "A", attached hereto and made a part hereof. 3. That, pursuant to Sections 76 -2 -101 and 76 -2 -102, MCA, and in view of the fact that there is no County Surveyor for Jefferson County, the County Commissioners and the County Assessor are appointed to serve as the Planning and Zoning Commission for said Special Zoning District No. 1, with such powers and duties as are provided by law. 4. That said Planning and Zoning Commission shall adopt any proposed development pattern, and shall propose zoning and land use regulations to the Board of County Commissioners, at a public hearing which shall be held on Thursday, June 1, 1989, at the hour of : 3 D o'clock .m. 5. That this Board of County Commissioners shall hear the recommendations of the said Planning and Zoning Commission, and shall consider the adoption of proposed zoning and land use regulations, immediately following the conclusion of the Planning and Zoning Commission's hearing on June 1, 1989. DATED this day of May, 1989. BOARD OF COUNTY COMMISSIONERS OF JEFFERSON COUNTY, MONTANA JOY J ACARO Chair Q sjne: �o B. m J MES B. M tq Commissioner - 4 4 � �, DAVE ANDERSON Commissioner ATTEST: County Clerk and ecorder 2 t Exhibit "A" DESCRIPTION OF REAL PROPERTY Real property situated in Township 9 North, Range 3 West, Jefferson County, Montana, including the following: Section 3 S1 /2 NW1 /4, with an eastern boundary of Interstate Highway 15 N1 /2 NW1 /4 SW1 /4 SE1 /2 SW1 /4 SW1 /4 Section 4 S1/2 N1 /2 SW1 /4 NE1 /4 SE1 /4 SW1 /2 SE1 /4 SE1 /4 W1 /2 SE1 /4 SW1 /4 Government Lots 13 and 14 Section 5 All portions of Section 5 located within Jefferson County Section 6 All portions of Section 6 located within Jefferson County Section 7 NW1 /4 NE1 /4 SW1 /4 NE1 /4 NE1 /4 NW1 /4 NE1 /4 NE1 /4 NE1 /4 NE1 /4 NE1 /4 Section 8 SE1 /4 NE1 /4 E1 /2 SE1 /4 Section 9 W1 /2 W1 /2 SE1 /4 SW1 /4 M.S. 33 Government Lots 2, 3 4 5 6, and 8 Section 10 M.S. 33 Government Lots 5 6, 7, and 8 BEFORE THE BOARD OF COUNTY COMMISSIONERS OF Fir- JEFFERSON COUNTY, MONTANA MAY 16 7989 ,JEFFERSON CO., COMM. PETITION FOR CREATION OF PLANNING AND ZONING DISTRICT AND ADOPTION OF ZONING REGULATIONS COME NOW the undersigned petitioners and respectfully petition and represent to the Board of County Commissioners of Jefferson County, Montana, as follows: 1. That the public interest or convenience require the above - named Board of County Commissioners to create a planning and zoning district, within the boundaries of the area described in Exhibit "A" hereto, to appoint a planning and zoning commission for said district, and to thereafter adopt planning and zoning regulations for said district, all in the manner provided by Title 76, Chapter 2, Part 1 MCA. 2. That, further, the public health, safety, morals and general welfare require the adoption of temporary, interim zoning regulations, for the area described in Exhibit "A ", as an emergency measure pursuant to Section 76--2 -206, MCA; and that this Board should adopt such temporary, interim regulations as such an r emergency measure. 3. That the area, described in Exhibit "A" and proposed by your petitioners for the imposition of such zoning regulations, consists of more than forty (40) acres; and that your petitioners are all freeholders within said area and are affected thereby and represent substantially more of the affected freeholders than the sixty percent (60 %) required by Section 76 -2 -101, MCA. 4. That said area, described in Exhibit "A", be permanently zoned, pursuant to Title 76, Chapter 2, Part 1, MCA, and pursuant to the proposed regulations attached hereto as Exhibit "B "; that said regulations be further adopted as temporary, interim zoning regulations as an emergency measure pursuant to Section 76--2 -206, MCA; and that, if said area be thereafter permanently zoned pursuant to the processes set forth in Title 76, Chapter 2, Part 2, then said zoning regulations (Exhibit "B") be adopted as 1 i the permanent zoning regulations pursuant to those statutogy procedures also. WHEREFORE, your petitioners pray: 1. That the Board of County Commissioners of Jefferson County, Montana, order and create a planning and zoning district, with boundaries described in Exhibit "A ", appoint a planning and zoning commission for said district, and thereafter adopt the zoning regulations (attached hereto as Exhibit "B ") as the zoning i regulations to classify and regulate the uses of the land within said district, all pursuant to Title 76, Chapter 2, Part 1, MCA. 2. That the Board of County Commissioners of Jefferson County, Montana, adopt the proposed zoning regulations, set forth in Exhibit "B" hereto, as temporary, interim zoning regulations and as an emergency measure pursuant to Section 76 -2 -206, MCA, for the area described in Exhibit "A" hereto; and that, if Jefferson County and its Board of County Commissioners, (upon completion of its interim resolution or resolutions adopted under Section 76-2 - 206, MCA) fully completes planning studies, holds hearings, and adopts a master plan, said Board adopt the zoning regulations, attached hereto as Exhibit "B", as the permanent zoning regulations to thereafter classify and regulate the uses of the land within the area described in Exhibit "A ", all pursuant to Title 76, Chapter 2, Part 2, MCA. 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(t b C t �.� /. /1 if I / V - zi 5 / r •rl / 'v .r v F�! �5 f n fU %2 , 7,-1 ,G 7� /9 4 Y Exhibit "A' DESCRIPTION OF REAL PROPERTY Real property situated in Township 9 North, Range 3 West, Jefferson County, Montana, including the following; Section 3 S1/2 NW1 /4, with an eastern boundary of Interstate Highway 15 N1 /2 NW1 /4 SW1 /4 SE1 /2 SW1 14 SW1 /4 Section 4 S1 /2 N1 /2 SW1 /4 NE1 /4 SE1 /4 SW1 12 SE1 /4 SE1 /4 W1 /2 SEl /4 SW1 /4 Government Lots 13 and 14 Section 5 All portions of Section 5 located within Jefferson County Section 6 All portions of Section 6 located within Jefferson County Section 7 NW1 /4 NE1 14 SW1 /4 NE1 /4 NE1 /4 NWJ. /4 NE1 /4 NE1 /4 NE1 /4 NE1 /4 NE1 /4 Section 8 SE1 /4 NE1 /4 E1 /2 SE1 /4 Section 9 W1 /2 W1 /2 SEl /4 SW1 /4 M.S. 33. Government Lots 2, 3, 4, 5, 6, and 8 ZONING REGULATIONS FOR SPECIAL ZONING DISTRICT NO. 1 I. STATEMENT OF PURPOSE AND APPLICATION, The purpose of these zoning regulations is to provide for the public convenience and necessity and to further the health, safety, and general welfare. Their purpose is to further ensure that the land subject to the same increases in its desirability, usefulness and value to its owners and to the in general, and that its use and development be accomplished in a systematic way with respect to: reasonable access by way of roads and streets; storm water drainage and retention; provision of utilities; provision of necessary easements; and disposal of refuse. It is the intention and purpose of these regulations that the subdivision and resubdivision of the subject land shall not impede the operation of the road system, drainage system, and the placement and maintenance of necessary utilities,. and that such subdivision and resubdivision shall not impede these services to the land even if the land were developed to maximum ultimate density. It is the further purpose of these regulations to provide a systematic procedure, in a manner which fully supplements the provisions of the Montana Subdivision and Platting Act, for the subsequent sale and subdivision of the land described herein to ensure efficient and desireable ultimate use of the land �-�� }inns shall apt - }^ 11. DEFINITIONS. As used in these regulatio" : - - 1. "Owner' shall mean and refer to the record owner, whether one or more persons or entities, of a fee simple title to any lot, tract, parcel or portion which is a part of the property described in Exhibit 'A', including contract sellers, but excluding those having an interest merely as security for the performance of an obligation. 2. 'Property" shall mean and refer to that certain real property described in Exhibit 'A' hereto. 3. 'Lot' shall mean and refer any plot of land shown upon . any recorded subdivision map or certificate of survey of the property. 4. 'Association" shall mean and refer to the non - profit corporation, entitled "Crossfire Estates Homeowners' Association,' or counterpart agency whatever its name, formed to provide for the orderly control of roads and easements, if any, of the property. 5. "Resubdivision' or "resale '•refers exclusively to actions taken by an owner having an interest in the property subsequent to that of the declarant (and its heirs) designated in that certain "Declaration of Covenants, Conditions and Restrictions of Crossfire Estates," recorded at Book 28 of Miscellaneous, page 859 et sea ., in the records of the Clerk and Recorder of Jefferson County, Montana. 6. 'Nonconforming use' shall mean and refer to a structure mccupied prior to the effective date of r \ III. RESTRICTIONS ON USE OF PROPERTY. 1. No lot, tract, parcel, or portion of real property, and no building or structure, within Special Zoning District No. 1 may + be used or purpose, or in any manner, for any use prohibited by these regulations. 2. No structure of a temporary character, including but not limited to trailers, mobile homes, set together or expanding trailer houses or basements, tents, shacks, barns or outbuildings shall be constructed, placed or used on said real property or on any lot, parcel, tract,. or portion thereof, at any time as a residence. No old buildings, houses, outbuildings or structures of any type may be moved onto the said real property or any single lot, tract, parcel or portion thereof without the prior written consent of the Association. Copies of such written consent shall be provided to Jefferson County upon request. No shiny metal roofs or shiny metal siding, and no asphalt siding, shall be allowed on any building or structure constructed upon the said real property or any single lot, tract, parcel or portion thereof. Any construction begun on any dwelling house, outbuilding or structure shall be completed within twenty -four (24) months from the start of construction. 3. No dwelling house or residential structure may be occupied until a sewer system or sewage disposal system for the same is completed, approved by state and /or county authorities as _ raerniraeq by law. and readv for service. No owner or occupant of thereof shall construct any septic sewer system or sewage disposal system, or drill any water well, without first complying with all applicable laws and regulations of state and local health authorities, pertaining to the installation of or maintenance of such systems and wells, and without first obtaining any and all necessary permits and inspections. 4. No manufacturing, commercial or industrial enterprise, nor mining of any type, shall be carried on, upon, in front of, or in connection with, the said real property or any lot, tract, parcel or portion thereof provided, however, that any owner or occupant of said real property or any lot, tract, parcel or portion thereof, may carry on in his home a home occupation, cottage industry, or professional or quasi - professional occupation, which does not disrupt the tenor of the said real property as quiet residential property. S. Horses, cows, domestic poultry, dogs, cats and other household pets maybe kept and /or maintained on the said zeal, property and any lot, tract, parcel or portion thereof for personal use, but the carrying capacity as determined by a range mangement specialist must be adhered to. Proof of such determination shall be provided to the County upon request. No owner or occupant shall be permitted to raise or care for any animals or fowl solely for the purpose of sale or any other "-1 hasis. All animals and fowl shall be kept under ��Fined to the property owned or a .. allow any such animals or fowl to become a hazard or a nuisance to _ other property or to other persons or wildlife residing in the _ area. Provided, however, that Lots 15, 16, 17 and 18, by virtue of their size and /or typography, are excluded from the commercial restrictions of this paragraph, although all other conditions apply. 6. Scrap, junk cars and the shall not be placed on the real property or any lot, tract, parcel or portion thereof. No motor vehicle which can not be moved under its own power may be left on said real property or any portion thereof for more than four (4) weeks, or left on or along the main roads bordering said real property and on every lot, tract, parcel or portion thereof for more than forty -eight (48) hours for all automobiles, trucks and trailers belonging to or kept by any owner or occupant thereof. 7. Timber or trees may be cut or removed only when such trees endanger a structure or the lives of people, when necessary. to control infestations or diseases of the trees, when thinning thereof is consistent with good silvacultural practices as determined by the State Forester, or when necessary to provide sufficient space for the construction or installation of dwelling houses, residences, roadways, or public utilities. 8. No disturbance, that will adversely alter the path or , if any existing natural drainage way, or ^ such drainage wav over construction on the land, will be permitted in any such drainage - way, 9. All roads and streets, providing access entirely through any lot, tract, parcel or portion thereof, shall serve as utility easements. Upon all lot lines is reserved a twenty foot (20 construction easement and a ten foot (10 maintenance easement. Transmission lines may be located above ground, provided that approval for such location is first obtained from the Association, but all service lines shall be_ underground. Proof of such permission from the Association, for the location. of a transmission line above ground, shall be provided to the County upon request. IV. RESUBDIVISION OR RESALE. Any tract purchased from the declarant, regardless of size and regardless of the form or manner of ownership, shall be planned and a preliminary plat prepared before resale or resubdivision. Any owner who purchases a tract from the declarant and later sells the same tract of land in its entirety with no changes of any kind whatsoever in configuration and restrictions and reservations, shall not be required to prepare a preliminary plat. In any event, the second sale after the original purchase from the declarant will be subject to the preliminary plat requirement. No method of development by any owner may be used to circumvent r- he intent and purpose of this resubdivision or resale provisionG �Y �� the Montana Unit Ownership Act is considered as resubdivision or resale and any owner using this method of development must submit a plat for approval by the Association. The preliminary plat shall show the following: 1. The lot and block configuration with approximate dimensions. 2. Additional roads and streets servicing each lot along with the approximate grades of said roads and streets which demonstrate accessiblity, 3. Road and street configuration shall match up with other local streets and arterials in adjacent parcels of land in the area. 4. The preliminary plat shall provide easements for drainage of surface water in existing water courses and shall provide for the location of retention ponds to prevent excess flow through said 'water courses onto adjacent property owners' lands. Excess flow of water is that flow over and above the flow naturally occurring without development and construction on the land. The conveyance instrument constituting resale and the preliminary plat shall provide that no land use shall impede the operation of the road system and /or drainage system, and the placement and maintenance of utilities. The road system and drainage system easements shall be surveyed and the legal description made of record so that said easements are permanent x ' " —" l —sers and the public as a V. PRELIMINARY PLAT PROCEDURES. The preliminary plat referred to in Article IV above shall be prepared and presented to the Association for review and approval. The Association shall have sixty (60) days in which to approve the preliminary plat. Henceforth, any conveyance or reconveyance instrument must be subject to the approved preliminary plat which shall be on file in the Association office. Proof of such approval by the Association (along with a copy of the preliminary plat) shall be provided to the County upon request, and the receipt of the same shall be a condition for recordation by the County Clerk and Recorder of any such conveyance or reconveyance instrument. The provisions of this paragraph are not intended to supersede any state and /or local subdivision laws or regulations. VI. NONCONFORMING LOTS, NONCONFORMING USES OF LAND, NONCONFORMING STRUCTURES, AND NONCONFORMING USES OF STRUCTURES AND PREMISES. The lawful use of a building or structure existing at the time of the adoption of these regulations may be continued even though such use does not conform with the provisions hereof. A nonconforming use may be extended throughout the building or structure provided no structural alterations or changes are made therein, except those required by law or resolution or such as may be required for safety, or such as may be necessary to secure or ensure the continued use of the building during the natural life of the same. AnV nnnP-nn gnr1n4 - 4... + "A - foundations at the time of damage by fire, collapse, explosion, or acts of God or public enemy, shall not be restored or reconstructed and used as before such happening; but if less than sixty percent (60 %) damaged above the foundation, then it may be restored, reconstructed or used as before provided that such restoration or reconstruction is completed within twelve (12) months of such happening and that it is built of like or similar materials. The nonconforming use of land where a structure thereon is not so employed, existing at the time that these regulations become effective, may be continued provided: (a) The nonconforming use of land shall not in any way be expanded either on the same or adjoining property; and, (b) That if the nonconforming use of land, existing at the time these regulations become effective, is hereafter discontinued or changed, then the future use of such land shall be in conformity with the provisions of these regulations. Whenever a nonconforming use has been changed to a conforming use, or to a use permitted in a district of greater restrictions, it shall not thereafter be changed to a nonconforming use or a less restricted use. In the event that a nonconforming use of any building, ^� land, or land only, is discontinued for a period of shall conform thereafter to the uses is located. Rhall x c apply to buildings, land and uses which hereafter become nonconforming due to classification and /or regulation hereunder. VIZ. ADMINISTRATION AND ENFORCEMENT. The Board of County Commissioners of Jefferson County, Montana, is hereby designated as the enforcement agency that is to supervise and enforce the provisions of these regulations in accordance with law. The Board of County Commissioners may appoint one of their members to act as their agent or zoning officer in the adminstration and enforcement of these regulations. Whenever a violation of these regulations occurs, or is alleged to have occurred, 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, immediately investigate the same, and take action thereon as provided by these regulations. In case any building or structure is erected, constructed, reconstructed, altered, repaired, converted or maintained, or any building, structure or land is used in violation of these regulations, the Board of County Commissioners may institute any appropriate action or proceedings to prevent such unlawful erection, construction, reconstruction, alteration, repair, conversion, maintenance or use, to restrain, correct or abate such violation, to prevent any illegal act, conduct, business, or use in or about such y - t. 1 VIII. SEVERABILITY CLAUSE. Should any section or provision of these regulations be declared by the courts 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. - 4 . . _. 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 :30 o'clock p.m. on Thursday, June 1, 1989, at the Clancy School Library, Clancy, Montana, to consider the proposed adoption of zoning and land use regulations for Special zoning District No. 1 of Jefferson County, Montana. Special zoning District No. 1 of Jefferson County, Montana, includes portions of Sections 3, 4, 5, 6, 7, 8, 9 and 10, Township 9 North, Range 3 West, Jefferson County, Montana, and is more particularly described in Exhibit "A" hereto. ' Copies of the proposed zoning and land use regulations for Special Zoning District No. 1 can be obtained from the Board of County Commissioners of Jefferson County, Montana, Jefferson County Courthouse Annex, P.O. Box H, Boulder, Montana 59632, (225 -- 4251, ext. 11). DATED this day of May, 1989. CH 44 R Board of County Commissioners of Jefferson County, Montana 1 1 Exhibit "A' DESCRIPTION OF REAL PROPERTY Real property situated in Township 9 North, Range 3 West, Jefferson County, Montana, including the following; Section 3 S1 /2 NW1 /4, with an eastern boundary of Interstate Highway 15 N1 12 NW1 /4 SW1 /4 SE1 /2 SW1 /4 SW1 /4 Section 4 S1 /2 N1/2 SW1 /4 NE1 /4 SE1 /4 SW1 /2 SEl /4 SE1 /4 W1 /2 SE1 /4 SW1 /4 Government Lots 13 and 14 section 5 All portions of Section 5 located within Jefferson County Section 6 All portions of Section 6 located within Jefferson County Section 7 NW1 /4 NE1 /4 SW1 /4 NE1 /4 NE1 /4 NW1 /4 NE1 /4 NE1 /4 NE1 /4 NE1 /4 NE1 /4 Section 8 SE1 /4 NE1 /4 E1 /2 SE1 /4 Section 9 W1 /2 W1/2 SE1 /4 SW1 /4 M.S. 33 Government Lots 2, 3, 4, 5, 6, and 8 Section 10 M.S. 33 Government Lots 5, 6, 7, and 8