The provisions of this chapter shall be designated as the Miles City Zoning Ordinance, and may be cited as such.

(Ord. No. 1306, § 1(Exh. A) 11-9-16)

The zoning regulations set forth in this chapter are adopted under the authority of 76-2-301, Montana Code Annotated (MCA).

(Ord. No. 1306, § 1(Exh. A) 11-9-16)

The jurisdiction of this chapter shall include all land within the corporate limits of the City of Miles City, Montana.

(Ord. No. 1306, § 1(Exh. A) 11-9-16)

The purposes of these regulations are to:

(a)

Promote the public health, safety, morals and general welfare of the community (MCA 76-2-304 and 76-2-304(1)(b)(ii));

(b)

Accord with the Miles City Growth Policy (MCA 76-2-304(1)(a));

(c)

Secure safety from fire and other dangers (MCA 76-2-304(1)(b)(i));

(d)

Facilitate adequate provisions for transportation, water, sewerage, schools, parks and other public requirements (MCA 76-2-304(1)(b)(iii));

(e)

Provide adequate light and air (MCA 76-2-304(2)(a));

(f)

Minimize negative effects on motorized and nonmotorized transportation systems (MCA 76-2-304(2)(b));

(g)

Promote compatible urban growth (MCA 76-2-304(2)(c));

(h)

Enhance the character of the districts and their peculiar suitability for particular uses (MCA 76-2-304(2)(d));

(i)

Conserve the value of buildings and encourage the most appropriate use of land throughout the jurisdictional area (MCA 76-2-304(2)(e));

(j)

Provide appropriate regulations to be enforced within the jurisdictional area's various districts (MCA 76-2-307); and

(k)

Comply with the requirements of MCA 76-8-107 to adopt regulations for the administration and enforcement of the creation of buildings for lease or rent on a single tract, thus exempting all buildings for lease or rent from special review provided they are in conformance with this chapter.

(Ord. No. 1306, § 1(Exh. A) 11-9-16)

This revised chapter shall become effective 30 days after its final passage by the city council, giving an effective date of the ___ day of ________, 20___.

(Ord. No. 1306, § 1(Exh. A) 11-9-16)

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, such judgment shall affect only that part held invalid and such decision shall not affect, impair or nullify these regulations as a whole or any other part thereof.

(Ord. No. 1306, § 1(Exh. A) 11-9-16)

Wherever conflicts exist between the standards imposed by these regulations and any such standard imposed by other local ordinances or regulations or state statutes, the higher or more restrictive standards shall govern. See MCA 76-2-309.

(Ord. No. 1306, § 1(Exh. A) 11-9-16)

The Miles City growth policy provides the policy basis for these regulations and standards. The regulations and standards herein have been made in consideration of and in conformance with the Miles City growth policy.

(Ord. No. 1306, § 1(Exh. A) 11-9-16)

Adoption of these regulations does not nullify easements, covenants, and similar private agreements, but where any such agreement imposes requirements less restrictive than those adopted here, the requirements of these regulations apply. Where the provisions of any private agreements are more restrictive or impose higher standards than these regulations, the city has no duty to enforce such restrictions or advise of their existence. The city may enforce private restrictions if the city is a party to such restrictions, or if such restrictions were required by the city during the land permitting and development process in order to meet the requirements of these or other city regulations.

(Ord. No. 1306, § 1(Exh. A) 11-9-16)

Article V gives definitions of certain terms used in these regulations. Terms and phrases used in these regulations that are not defined shall have the term's or phrase's common meaning when appropriate for its context and to promulgate the purposes and intent of these regulations. When a question arises concerning application of any term or phrase, it shall be the duty of the administrator to ascertain all pertinent facts and make an official interpretation in writing upon written request. Thereafter such interpretations shall govern. All interpretations shall be on file at city hall. Any appeal of the administrator's official written interpretation shall be reviewed by the board of adjustment according to section 24-93.

(Ord. No. 1306, § 1(Exh. A) 11-9-16)