This ordinance shall be known as the City of Baker Zoning Ordinance and shall consist of the text contained herein and a certain map identified as the Official Zoning Map of the City of Baker, which is on file in the office of the City of Baker.

This ordinance is adopted pursuant to the statutory authority granted by the laws of the State of Montana, including Section 76-1-601, 603, 605 and Section 76-2-301, M.C.A., et seq. In addition, this ordinance is authorized by Section 7-1-101, M.C.A.

The purposes and intent of this zoning ordinance are to:

Purpose. Promote the health, safety and general welfare of the citizens of Baker; and

Intent. Implement the policies, goals and strategies of the Baker Growth Policy. Enactment, amendments, effective date and repeals.

This zoning ordinance is adopted by the City of Baker Ordinance Number 385; the Official Zoning Map of the City of Baker is adopted by City of Baker Ordinance Number 385 and is on file in the office of the City of Baker. This ordinance shall take effect and be in force from and after September 16, 2022, after which all parts or portions of other ordinances in conflict herewith are hereby repealed.

Except as otherwise expressly stated herein, this applies to all developments, public and private, within the corporate limits of the City of Baker to the extent allowed by law.

Construction and Use. Except as hereinafter provided, no land or building shall be used, no prior use of a building or land shall be changed, and no building, structure or improvement shall be made, erected, constructed, moved, altered, enlarged, or rebuilt except in accordance with this zoning ordinance.

Licenses and Permits. No license or permit shall be issued for a use, building or purpose that would be in conflict with this ordinance. All departments, officials and public employees vested with the duty and authority to issue licenses or permits shall issue such licenses or permits in conformance with the provisions of this ordinance. Any license or permit issued in conflict with this ordinance shall be null and void.

Utility Connections. The zoning administrator or public works director shall not authorize the connection of utilities, such as water or sewer, until all the standards and procedures of this ordinance have been met as well as all other applicable city standards and policies relating to such utilities.

Zoning Compliance Permit. No person shall commence any construction of a building or structure, fence, retaining wall, deck, parking space, driveway, sidewalk, carport or any principal or accessory structure without first obtaining a zoning compliance permit issued by the City of Baker Zoning Administrator.

The provisions of this ordinance shall be held to the minimum requirements for executing the stated purposes and intent of this ordinance.

Conflict with State or Federal Regulations. If provisions of this ordinance are inconsistent with provisions of state or federal law or regulations, the provisions that impose the greater restriction or more stringent controls shall apply, to the extent permitted by law.

Conflict with Other City Regulations. If provisions of this ordinance are inconsistent with one another; or if they conflict with provisions of other Ordinances or regulations of the City, the provisions that impose greater restrictions or more stringent controls shall apply.

Conflict with Other Agreements. It is not the intent of this ordinance to interfere with or nullify any easements, covenants or agreements which are not in conflict with the provisions of this ordinance.

Meanings and Intent. The wording of this ordinance is intended to be read literally. Standards are no more or less strict than stated. Words defined in Section 17.20 Definitions have the specific meaning provided. Section 17.0.242 Definitions contains a procedure to address words not defined in said article.

Headings and Illustrations. Headings and illustrations are provided for convenience and reference only and do not change or limit the provisions of this ordinance. In case of any difference of meaning or implication between the text of this ordinance and any heading, figure or illustration, the text shall apply.

Current Versions and Citations. All references to documents or to other municipal, county, state or federal regulations must be interpreted as references to the most recent version of the documents or regulations.

Delegation of Responsibility. WHENEVER A PROVISION REQUIRES AN OFFICER, BOARD OR COMMISSION TO PERFORM AN ACT OF DUTY, THAT PROVISION WILL BE CONSTRUED AS AUTHORIZING THE REFERENCED OFFICER, BOARD OR COMMISSION TO DELEGATE THAT RESPONSIBILITY TO OTHERS OVER WHOM THEY HAVE AUTHORITY, UNLESS SUCH DELEGATION IS PROHIBITED BY STATUTE.

Violations Continue. Any violation of the previous development code or zoning ordinance will continue to be a violation under this ordinance and be subject to penalties and remedies under Article 17.19 Enforcement, unless the use, development, construction or other action complies with the provisions of this ordinance.

Vested Rights.

A.

Approved Projects. Projects with valid approval(s) or permits may be completed or continued in accordance with the development standards in effect at the time of approval(s), provided the permit or approval is valid and has not expired.

B.

Legal Nonconformities Under Prior Ordinance. Any legal nonconformity under the previous development code or ordinance will continue to be legal under this ordinance if the basis for the nonconformity under the previous code continues to exist. If a nonconformity under the previous code is made conforming by the adoption of this ordinance, then the situation will be null and void.

C.

Uses, Lots, Structures and Sites Rendered Nonconforming.

1.

Uses. If a lot, building or site is used for a purpose that complied with the previous development code before the effective date of this ordinance and this ordinance no longer classifies such use as either a permitted or conditional use in the zoning district in which it is located, such use shall be a nonconforming use and shall be controlled by the provisions of Article 17.17 Nonconformities.

2.

Structures, Sites. here a building, structure, lot or site legally existed on the effective date of this ordinance does not meet all of the development standards established by this ordinance, such building, structure, lot or site shall be nonconforming and shall be controlled by Article 17.17 Nonconformities.

Transition to new Zoning Districts. Upon the effective date of this ordinance, land that is zoned with a zoning district classification from the previous zoning regulations shall be re-classified to one of the zoning district classifications established in the ordinance. The new official zoning map shall establish the boundaries of the new zoning districts and shall be adopted by separate action of the Baker City Council.

Where any word, phrase, clause, sentence, paragraph, or section or other part of these regulations is held invalid by a court of competent jurisdiction by express inclusion in the decision to be invalid or unconstitutional, such decision shall not affect the validity of the Ordinance as a whole, or any part thereof, other than the part so declared to be unconstitutional or invalid. The Baker Zoning Commission and the Baker City Council hereby declare that it would have enacted the remainder of this ordinance even without such part or provision found invalid.