Red Lodge City Zoning Code
ARTICLE 12
4.1 General Provisions
§ 12.4.1.10 Short Title.
This Zoning Ordinance shall be known as the Red Lodge Zoning Ordinance and shall consist of the text contained herein and a certain map identified as the Official Zoning Map of the City of Red Lodge, which is on file in the office of the Carbon County Clerk and Recorder.
(Ord. 957, 5-10-2022)
§ 12.4.1.20 Authority.
This Zoning Ordinance is adopted pursuant to the statutory authority granted by the laws of the State of Montana, including MCA 76-1-601, 603, 605 and 76-2-301 et seq. In addition, this Zoning Ordinance is authorized by MCA 7-1-101.
(Ord. 957, 5-10-2022)
§ 12.4.1.30 Purposes and Intent.
The purposes and intent of these Zoning Regulations are to:
4.1.31
Promote the health, safety and general welfare of the citizens of Red Lodge; and
4.1.32
To implement the policies, goals and strategies of the Red Lodge Growth Policy.
(Ord. 957, 5-10-2022)
§ 12.4.1.40 Enactment, Effective Date and Repeals.
These Zoning Regulations along with the Official Zoning Map are adopted by the City of Red Lodge Ordinance Number 957; and both shall be filed in the office of the Carbon County Clerk and Recorder. These Zoning Regulations shall be in full force and effect after the 10th of June, 2022, after which all parts or portions of other ordinances in conflict herewith are hereby repealed.
(Ord. 957, 5-10-2022)
§ 12.4.1.50 Applicability and Jurisdiction.
Except as otherwise expressly stated herein, these Zoning Regulations apply to all developments, public and private, within the corporate limits of the City of Red Lodge to the extent allowed by law.
(Ord. 957, 5-10-2022)
§ 12.4.1.60 Permits Required, No Conflicting Licenses or Permits Shall Be Issued.
4.1.61
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 these Zoning Regulations.
4.1.62
Licenses and Permits
No license or permit shall be issued for a use, building or purpose that would be in conflict with these Zoning Regulations. 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 these Zoning Regulations. Any license or permit issued in conflict with these Zoning Regulations shall be null and void.
4.1.63
Utility Connections
The Zoning Administrator shall not authorize the connection of utilities, such as water or sewer, until all of the standards and procedures of these Zoning Regulations have been met, and all applicable fees have been paid.
4.1.64
Building Permit and Certification of Occupancy
No building permit shall be issued except in compliance with the terms, procedures and standards of these Zoning Regulations. A certificate-of-occupancy/final inspection shall not be issued for any structure except when said structure is compliant with the applicable section of the City-adopted International Building Codes; and both said structure or development and property it is on is in compliance with the terms, procedures and standards of these Zoning Regulations.
(Ord. 957, 5-10-2022)
§ 12.4.1.70 Minimum Standards.
The provisions of these Zoning Regulations shall be held as the minimum requirements for executing the stated purposes and intent of these Zoning Regulations.
(Ord. 957, 5-10-2022)
§ 12.4.1.80 Conflicting Provisions.
4.1.81
Conflict with State or Federal Regulations
If provisions of these Zoning Regulations 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.
4.1.82
Conflict with Other City Regulations
If provisions of these Zoning Regulations 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.
4.1.83
Conflict with Other Agreements
It is not the intent of these Zoning Regulations to interfere with or nullify any easements, covenants or agreements which are not in conflict with the provisions of these Zoning Regulations.
(Ord. 957, 5-10-2022)
§ 12.4.1.90 Rules of Construction and Interpretation.
4.1.91
Meanings and Intent
The wording of these Zoning Regulations is intended to be read literally. Standards are no more or less strict than stated. Words defined in Article 12.4.11, Definitions, have the specific meaning provided. Article 12.4.11, Definitions, contains a procedure to address words not defined in said article.
A.
The particular controls the general.
B.
The word "shall" is always mandatory and not directory. The word "may" is permissive.
C.
Words used in the present tense include the future, unless the text or context clearly indicates the contrary.
D.
A "building" or "structure" includes any part thereof. A "building or other structure" includes all other structures of every kind, regardless of similarity to buildings.
E.
The phrase "used for," includes "arranged for," "designed for," "intended for," "maintained for," and "occupied for."
4.1.92
Headings and Illustrations
Headings and illustrations are provided for convenience and reference only and do not change or limit the provisions of these Zoning Regulations. In case of any difference of meaning or implication between the text of these Zoning Regulations and any heading, figure or illustration, the text shall apply.
4.1.93
Current Versions and Citations
All references to documents or to other Municipal, County, State or Federal regulations shall be interpreted as references to the most recent version of the documents or regulations.
4.1.94
Delegation of Responsibility
Whenever a provision requires an officer, board or commission to perform an act or 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.
(Ord. 957, 5-10-2022)
§ 12.4.1.100 Transitional Provisions.
4.1.101
Violations Continue
Any violation of the previous development code or Zoning Ordinance will continue to be a violation under these Zoning Regulations and be subject to penalties and remedies under Article 12.4.10, Enforcement, unless the use, development, construction or other action complies with the provisions of these Zoning Regulations.
4.1.102
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 passed.
B.
Legal Nonconformities Under Prior Ordinance
Any legal nonconformity under the previous development code or ordinance will continue to be a legal nonconformity under this Zoning Ordinance if the basis for the nonconformity under the previous code continues to exist.
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 Zoning Ordinance and this Zoning 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 12.4.7, Nonconformities.
2.
Structures, Sites
Where a building, structure, lot or site legally existed on the effective date of this Zoning Ordinance does not meet all of the development standards established by this Zoning Ordinance, such building, structure, lot or site shall be nonconforming and shall be controlled by Article 12.4.7, Nonconformities.
4.1.103
Transition to New Zoning Districts
Upon the effective date of this Zoning 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 Zoning Ordinance. The new Official Zoning Map shall establish the boundaries of the new zoning districts and shall be adopted by separate action of the City Council.
(Ord. 957, 5-10-2022)
§ 12.4.1.110 Severability.
Should any section or provision of this Zoning Ordinance be declared by the courts to be unconstitutional or invalid, such decision shall not affect the validity of the Zoning Ordinance as a whole, or any part thereof, other than the part so declared to be unconstitutional or invalid. The Planning Board/Zoning Commission and the City Council hereby declare that it would have enacted the remainder of this Zoning Ordinance even without such part or provision found invalid.
(Ord. 957, 5-10-2022)