Red Lodge City Zoning Code
ARTICLE 12
4.2 Zoning Districts and Overlay Districts Established
§ 12.4.2.10 Purpose and Intent.
The purpose and intent of this article is to:
4.2.11
Zoning Districts
Establish zoning districts and zoning overlay districts that provide appropriately located areas for residential, nonresidential and public uses consistent with the Red Lodge Growth Policy.
4.2.12
Zoning Map
Establish the Official Zoning Map of the City of Red Lodge.
4.2.13
Public Health, Safety
Protect and enhance the public health, safety, morals and general welfare of the citizens of Red Lodge.
4.2.14
Compatibility
Promote compatibility among the various land uses.
(Ord. 957, 5-10-2022)
§ 12.4.2.20 Zoning Districts Established.
The following are Zoning Districts and Zoning Overlay Districts:
4.2.21
Residential Zoning Districts
A.
Low Density Rural Residential Zoning District 1 (R-1).
B.
Low Density Urban Residential Zoning District 2 (R-2).
C.
Medium Density Residential Zoning Districts 3 (R-3).
D.
High Density Residential Zoning District 4 (R-4).
4.2.22
Commercial Zoning Districts
A.
Central Business Transition Zoning District 1 (C-1).
B.
Commercial Mixed Use District 2 (C-2).
C.
Community Entrance Zoning District 3N (C-3-N).
D.
Community Entrance Zoning District 3S (C-3-S).
E.
Central Business District Zoning 4 (C-4).
4.2.23
Public Zoning Districts
A.
Public Use Zoning District 1 (P-1) (Government Owned Land).
B.
Public Use Zoning District 2 (P-2) (Schools).
4.2.24
Overlay Zoning Districts
A.
Skyline Overlay Zoning District.
B.
Commercial Historic Overlay Zoning District.
C.
Hi Bug Historic Overlay Zoning District.
D.
Airport Safety Overlay Zoning District.
E.
Planned Unit Development Overlay Zoning District.
(Ord. 957, 5-10-2022)
§ 12.4.2.30 Official Zoning Map.
The Official Zoning Map of the City of Red Lodge that is adopted and made a part of Title 12 as if it were set out here in full detail, shows the location and boundaries of the zoning districts established by these Zoning Regulations. The official map is on file in the office of the Carbon County Clerk and Recorder. A copy of the map is attached hereto as Appendix 12.4.1.5. The Zoning Administrator shall maintain the Zoning Map and must revise the map to reflect amendments approved by the City Council as soon as possible after the effective date of the amendments. No unauthorized person may alter or modify the Zoning Map. The Zoning Administrator may authorize printed copies of the map to be produced for distribution and shall maintain printed or digital copies of all versions of the map for historical reference.
4.2.31
Certification
The Official Zoning Map shall bear a certificate as shown below with the signature of the Mayor, attested by the City Clerk. These regulations and the Official Zoning Map shall be filed with the Carbon County Clerk and Recorder.
Said certification on the map shall read as follows: "This is the Official Zoning Map of the City of Red Lodge, Montana as approved by the City Council on this _____ day of _____ 20_____. All prior versions of the Official Zoning Map of the City of Red Lodge are hereby repealed and replaced."
Regardless of the existence of purported copies of the Official Zoning Map of the City of Red Lodge, the Official Zoning Map of the City of Red Lodge bearing the signatures of the Mayor and City Clerk filed with the Carbon County Clerk and Recorder shall be the final authority as to the current zoning status of land, buildings or other structures.
(Ord. 957, 5-10-2022)
§ 12.4.2.40 Interpretation of District Boundaries.
When the ordinance establishing a zoning district boundary describes the boundary as following a certain feature, or reflects a clear intent that the boundary follows a certain feature, the boundary shall be construed as following that feature as it actually exists at the time the zoning district boundary is established. When an ordinance does not describe the zoning district boundary, the following rules shall be used by the Zoning Administrator to determine the boundary.
4.2.41
Zoning district boundaries depicted on the Zoning Map as approximately following the center line of a street right-of-way, the center line of an alley right-of-way or a lot line shall be construed to follow such lines as they exist at the time the boundary is established.
4.2.42
Boundaries described by specific dimensions shall be determined by these dimensions.
4.2.43
Boundaries shown on the map as approximately parallel to features or lines shall be construed as parallel to the feature or line.
4.2.44
Boundaries shown on the map as approximately following lines of the City limits shall be construed as following the lines of the City limits.
4.2.45
Boundaries shown as approximately following the center line of rivers, creeks, streams, canals, lakes, ditches or other bodies of water shall be construed as following the center line of the body of water. Boundaries shown as approximately following the shoreline of a body of water shall be construed to follow the shoreline. In the event of a natural change in a shoreline or center line, the district boundary shall be construed as moving with the actual shoreline or center line to its new location. In the event of a change directly or indirectly resulting from human actions, the district boundary shall not be construed as following the new shoreline or center line unless a zoning map amendment is approved by the City Council to change the district boundary.
4.2.46
Boundaries shown to follow section lines or quarter section lines shall be construed as following such lines.
4.2.47
The location of a boundary that cannot be determined from the application of the above rules shall be determined by measuring the distance between the mapped boundary and other features shown on the map.
4.2.48
Where uncertainty exists as to the boundary of a zoning district, or when the street, property lines or other features existing on the ground are in conflict with those on the Zoning Map, the Zoning Administrator shall interpret and determine the location of said boundary. The Zoning Administrator's determination may be appealed to the Board of Adjustment pursuant to Section 12.4.9.83, Appeal.
(Ord. 957, 5-10-2022)
§ 12.4.2.50 Change of Jurisdiction, Abandoned Rights-of-Way.
Any land added to the City of Red Lodge is automatically zoned the lowest residential density until such time as the City Council approves a different zoning classification.
4.2.51
Annexations
All new additions and annexations of land to the City of Red Lodge shall be zoned Low Density Rural Residential Zoning District 1 (R-1), unless otherwise classified by the City Council as part of the annexation decision, until such time as the City Council amends the Zoning Map to reclassify the land to a different zoning classification.
4.2.52
Abandoned Rights-of-Way, Federal and State Land
All rights-of-way abandoned, sold or vacated by any County, City, State or Federal agency shall be assigned the same zoning classification of the adjoining land (or the acquired property when an acquisition is in conjunction with a right-of-way vacation) unless the City Council amends the Zoning Map to reclassify the land to a different zoning classification.
(Ord. 957, 5-10-2022)
§ 12.4.2.60 Lot or Parcel in More than One Zoning District.
A lot or parcel located in more than one zoning district may be developed as a single development. The entire lot or parcel may be used to meet the minimum site area requirements in either zoning district, but the density or intensity calculations shall be based on the exact acreage existing in each zoning district. The uses allowed in either zoning district may be located anywhere on the lot or parcel.
(Ord. 957, 5-10-2022)