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Red Lodge City Zoning Code

ARTICLE 12

4.3 Zoning District Uses and Standards

§ 12.4.3.10 Purpose and Intent.

The purposes and intent of this article are to describe the various zoning districts and establish the allowed uses, dimensional standards and other standards that govern development in each district. This article also establishes the standards for certain zoning overlay districts and a Planned Unit Development (PUD) floating zoning district.
(Ord. 957, 5-10-2022)

§ 12.4.3.20 Allowed Uses.

The description of each zoning district contains a table entitled Allowed Uses that establishes the uses allowed in the zoning district.
4.3.21 
Principal Uses
Uses that are listed as "Principal" uses are allowed as a matter of right subject to the procedures of these regulations provided the development or use complies with all applicable standards of these regulations, including the standards of general applicability and any specific standards referenced in the Allowed Uses table.
4.3.22 
Use Specific Standards
Specific standards that apply to certain uses are referenced in the Allowed Uses tables for each zoning district. The specific standards in the referenced sections apply in addition to the standards and procedures of general applicability that are established in these regulations to apply to all development and land uses.
4.3.23 
Conditional Uses
Uses that are listed as "Conditional" uses are allowed with a Conditional Use Permit (CUP) pursuant to Section 12.4.4.10, Conditional Uses. A CUP may be issued at the discretion of the Planning Board/Zoning Commission, pursuant to the procedures of these regulations, provided that the development complies with the standards of general applicability and the applicable CUP standards, and the Planning Board/Zoning Commission makes certain CUP findings of fact.
4.3.24 
Conditional Use Findings
Approval of a CUP requires the Planning Board/Zoning Commission to make certain Findings of Fact as established in Section 12.4.4.10, Conditional Uses.
4.3.25 
Accessory Uses
Accessory uses and accessory buildings as defined in Article 12.4.11, Definitions, shall be allowed in all zoning districts.
4.3.26 
Uses Not Listed
If a use is not listed as a Principal, Accessory, or Conditional Use, it is not allowed in the particular zoning district.
(Ord. 957, 5-10-2022)

§ 12.4.3.30 Similar Use Determination.

If a proposed use is not listed in the Allowed Uses table, it may be considered an allowed use if the Zoning Administrator determines the proposed use is sufficiently similar to one of the uses listed in the Allowed Uses table.
If a Similar Use Determination is made in the affirmative, the proposed use shall be an authorized use with the same permissions and restrictions as the use to which it is determined to be similar. The Zoning Administrator shall submit a public notice for publishing in the next issue of the Carbon County News following all decisions to approve or deny a Similar Use Determination. The notice shall be in accordance with Section 12.4.9.60, Public Notice. Any aggrieved party may appeal the Zoning Administrator's decision within 30 calendar days of the date the notice appeared in the Carbon County News, pursuant to Section 12.4.9.83, Appeal.
(Ord. 957, 5-10-2022)

§ 12.4.3.40 Dimensional Standards.

The description of each district contains a table entitled "Dimensional Standards" that establishes the dimensional limitations on all development within the district.
(Ord. 957, 5-10-2022)

§ 12.4.3.50 Specific District Standards.

Each district contains a subsection that establishes development standards that are specific to the particular zoning district.
(Ord. 957, 5-10-2022)

§ 12.4.3.60 Low Density Rural Residential Zoning District 1 (R-1).

4.3.61 
Purpose and Intent
The purpose and intent of the R-1 Zoning District is to facilitate development in the undeveloped fringe around the City by providing a low density residential area for single-family homes, low impact home businesses and accessory uses. This district provides adequate residential lot sizes with good thoroughfare access and proximity to community and neighborhood facilities. The district is primarily intended to encourage master planned communities with central recreational facilities.
4.3.62 
Allowed Uses
Principal, Accessory, and Conditional Uses allowed in the R-1 District are in Table 4.3.62. All Conditional Uses must comply with Section 12.4.4.10, Conditional Uses. Some Principal Uses shall comply with specific standards as referenced in Table 4.3.62. All Uses shall comply with Article 12.4.5, Standards of General Applicability.
An Accessory Structure shall be allowed only when a Principal Use has been established on the lot.
In the event the applicant desires to construct an Accessory Structure prior to establishing a Principal Use, the Building Permit for both the Accessory Structure and Principal Use shall be issued together. When an Accessory Structure is constructed prior to the Principal Use, the Final Inspection for the Accessory Structure shall not be issued until the Principal Use has received its Rough Framing Inspection.
Table 4.3.62
Allowed Uses: R-1
Principal
Single-Family
Short-Term Rental, See Section 12.4.4.22(M)
Day Care, Family, See Section 12.4.4.22(B)
Assisted Living, 8 or fewer persons served
Public Parks & Recreation
Accessory
ADU/Guest House, See Section 12.4.4.22(F)
Home Occupation, See Section 12.4.4.22(C)
Storage/Garage
Building/Shed
Conditional
Day Care, Group Care, See Section 12.4.4.22(B)
Worship Facility
Group Home
Bed & Breakfast, See Section 12.4.4.22(A)
Long-Term Care Facility
Assisted Living, > 8 persons served
Wireless Communication, See Section 12.4.4.40
Animals, See Section 12.4.4.22(L)
4.3.63 
Dimensional Standards
Development in the R-1 District shall comply with the Dimensional Standards established in Table 4.3.63.
Table 4.3.63
Dimensional Standards: R-1
Lot Standards
Lot Area, min. square feet
10,000
Lot Frontage, min. feet
75
Minimum Setbacks (feet)
Front (See Section 12.4.3.64(E))
25
Side
10
Rear (When Not on an Alley or Row)
10
Rear (When on an Alley or Row)
0
Building Standards
Building Height
30
4.3.64 
Specific District Standards
The following standards shall apply to development in the R-1 Zoning District:
A. 
Dwelling Limits
Separate from other allowed accessory uses, residential lots shall contain no more than one principal dwelling unit and one ADU/guest house.
B. 
Sidewalks
Sidewalks shall be required in accordance with Section 12.4.5.86, Pedestrian Access.
C. 
Fences, Front Setback
Fences (whether solid or open in style) in front setbacks in Residential Zoning Districts shall not exceed 42 inches in height.
D. 
Drive-Through Prohibited
Drive-through facilities are prohibited in Residential Zoning Districts.
E. 
Prevailing Setback
Setbacks for homes on existing lots where portions of a block have been developed shall be consistent with the existing homes, as approved by the Community Development Director. The proposed construction of a new home may be less than 25 feet to remain consistent with neighboring properties.
F. 
Residential Appearance
All development, including construction of new buildings, expansion of existing buildings or conversion of existing buildings shall have architectural elements compatible with a residential appearance. Criteria for evaluating residential appearance include, but are not limited to, size and placement of windows and doors, building materials and site design. Buildings resembling large storage sheds, pole barns or other outbuildings are not allowed.
G. 
Living Area
The living area shall be 51% or greater of the total gross floor area. Living area means the interior habitable area of the dwelling unit(s) including the basement and attics but not including a garage or any accessory building or structure where the use is primarily for storage.
R-1 Dimensional Standards Illustration
(Ord. 957, 5-10-2022)

§ 12.4.3.70 Low Density Urban Residential Zoning District 2 (R-2).

4.3.71 
Purpose and Intent
The purpose and intent of the R-2 Zoning District is to provide a low density urban residential area for single-family homes and low-impact home businesses and home occupations. This district provides for residential development that is less dense than other urban residential districts.
4.3.72 
Allowed Uses
Principal, Accessory, and Conditional Uses allowed in the R-2 District are in Table 4.3.72. All Conditional Uses must comply with Section 12.4.4.10, Conditional Uses. Some Principal Uses shall comply with specific standards as referenced in Table 4.3.72. All Uses shall comply with Article 12.4.5, Standards of General Applicability.
An Accessory Structure shall be allowed only when a Principal Use has been established on the lot. In the event the applicant desires to construct an Accessory Structure prior to establishing a Principal Use, the Building Permit for both the Accessory Structure and Principal Use shall be issued together. When an Accessory Structure is constructed prior to the Principal Use, the Final Inspection for the Accessory Structure shall not be issued until the Principal Use has received its Rough Framing Inspection.
Table 4.3.72
Allowed Uses: R-2
Principal
Single-Family
Short-Term Rental, See Section 12.4.4.22(M)
Day Care, Family, See Section 12.4.4.22(B)
Assisted Living, 8 or fewer persons served
Public Parks & Recreation
Accessory
ADU/Guest House, See Section 12.4.4.22(F)
Home Occupation See Section 12.4.4.22(C)
Storage/Garage
Building/Shed
Conditional
Day Care, Group Care, See Section 12.4.4.22(B)
Worship Facility
Group Home
Bed & Breakfast, See Section 12.4.4.22(A)
Long-Term Care Facility
Assisted Living, > 8 persons served
Professional Office, See Section 12.4.3.74(E)
Medical Office, See Section 12.4.3.74(E)
Animals, See Section 12.4.4.22(L)
4.3.73 
Dimensional Standards
Development in the R-2 District shall comply with the Dimensional Standards established in Table 4.3.73.
Table 4.3.73
Dimensional Standards: R-2
Lot Standards
Lot Area, min. square feet
5,000
Lot Frontage, min. feet
50
Minimum Setbacks (feet)
Front (See Section 12.4.3.74(F))
25
Side
6
Rear (When Not on an Alley or Row)
10
Rear (When on an Alley or Row)
0
Building Standards
Building Height
30
4.3.74 
Specific District Standards
The following standards shall apply to development in the R-2 Zoning District:
A. 
Dwelling Limits
Separate from other allowed accessory uses, residential lots shall contain no more than one principal dwelling unit and one ADU/guest house.
B. 
Sidewalks
Sidewalks shall be required in accordance with Section 12.4.5.86, Pedestrian Access.
C. 
Fences, Front Setback
Fences (whether solid or open in style) in front setbacks in Residential Zoning Districts shall not exceed 42 inches in height.
D. 
Drive-Through Prohibited
Drive-through facilities are prohibited in Residential Zoning Districts.
E. 
Office
Office structures which exceed two thousand square (2,000) feet in gross floor area shall have a residential appearance. Criteria for evaluating residential appearance include, but are not limited to, the sizes of windows and doors, building materials and site design.
F. 
Prevailing Setback
Setbacks for new homes on existing lots where portions of a block have been developed shall be consistent with the existing homes, as approved by the Community Development Director. The proposed construction of a new home may be less than 25 feet to remain consistent with neighboring properties.
G. 
Residential Appearance
All development, including construction of new buildings, expansion of existing buildings or conversion of existing buildings shall have a residential appearance. Criteria for evaluating residential appearance include, but are not limited to, size and placement of windows and doors, building materials and site design. Buildings resembling large storage sheds, pole barns or other outbuildings are not allowed.
H. 
Living Area
The living area shall be 51% or greater of the total gross floor area. Living area means the interior habitable area of the dwelling unit(s) including the basement and attics but not including a garage or any accessory building or structure where the use is primarily for storage.
R-2 Dimensional Standards Illustration
(Ord. 957, 5-10-2022)

§ 12.4.3.80 Medium Density Urban Residential Zoning District 3 (R-3).

4.3.81 
Purpose and Intent
The purpose and intent of the R-3 Zoning District is to provide for a mix of housing types and low-impact home businesses and accessory uses. This district is intended to have a medium density overall but allow a variety of housing types at variable densities to accommodate residents of various ages and incomes. The R-3 Zoning District is intended to be clustered around the City center to provide support for the City's job center and commercial businesses and buffer the low density residential areas from commercial activities. Developments of five to eight dwelling units per acre are encouraged in this district.
4.3.82 
Allowed Uses
Principal, Accessory, and Conditional Uses allowed in the R-3 District are in Table 4.3.82. All Conditional Uses must comply with Section 12.4.4.10, Conditional Uses. Some Principal Uses shall comply with specific standards as referenced in Table 4.3.82. All Uses shall comply with Article 12.4.5, Standards of General Applicability.
An Accessory Structure shall be allowed only when a Principal Use has been established on the lot. In the event the applicant desires to construct an Accessory Structure prior to establishing a Principal Use, the Building Permit for both the Accessory Structure and Principal Use shall be issued together. When an Accessory Structure is constructed prior to the Principal Use, the Final Inspection for the Accessory Structure shall not be issued until the Principal Use has received its Rough Framing Inspection.
Table 4.3.82
Allowed Uses: R-3
Principal
Single-Family
Short-Term Rental, See Section 12.4.4.22(M)
Day Care, Family, See Section 12.4.4.22(B)
Assisted Living, 8 or fewer persons served
Public Parks & Recreation
Group Home
Two-Family/Duplex
Accessory
ADU/Guest House, See Section 12.4.4.22(F)
Home Occupation, See Section 12.4.4.22(C)
Storage/Garage
Building/Shed
Conditional
Day Care, Group Care, See Section 12.4.4.22(B)
Worship Facility
Multifamily >2 units
Bed & Breakfast, See Section 12.4.4.22(A)
Long-Term Care Facility
Assisted Living, > 8 persons served
Professional Office, See Section 12.4.3.84(D)
Medical Office, See Section 12.4.3.84(D)
Animals, See Section 12.4.4.22(L)
4.3.83 
Dimensional Standards
Development in the R-3 District shall comply with the Dimensional Standards established in Table 4.3.83.
Table 4.3.83
Dimensional Standards: R-3
Lot Standards
Lot Area, min. square feet
5,000
Lot Frontage, min. feet
50
Minimum Setbacks (feet)
Front (See Section 12.4.3.84(H))
15
Side
6
Rear (When Not on an Alley or Row)
5
Rear (When on an Alley or Row)
0
Building Standards
Building Height
30
4.3.84 
Specific District Standards
The following standards shall apply to development in the R-3 Zoning District:
A. 
Lot Size Per Dwelling
Minimum lot size for a single-family dwelling shall be 5,000 square feet and shall increase by 1,250 square feet for each additional dwelling unit
B. 
Lot Frontage
Minimum lot frontage shall be 50 feet for three or fewer dwelling units and 75 feet for more than three dwelling units.
C. 
Four Units
A maximum of four dwelling units are permitted in a single structure.
D. 
Office
Office structures which exceed 2,000 square feet in gross floor area shall have a residential appearance. Criteria for evaluating residential appearance include, but are not limited to, the sizes of windows and doors, building materials and site design.
E. 
Sidewalk
Sidewalks shall be required in accordance with Section 12.4.5.86, Pedestrian Access.
F. 
Fences, Front Setback
Fences (whether solid or open in style) in front setbacks in Residential Zoning Districts shall not exceed 42 inches in height.
G. 
Drive-Through Prohibited
Drive-through facilities are prohibited in Residential Zoning Districts.
H. 
Prevailing Setback
Setbacks for new homes on existing lots where portions of a block have been developed shall be consistent with the existing homes, as approved by the Community Development Director. The proposed construction of a new home may be more or less than 15 feet to remain consistent with neighboring properties.
I. 
Residential Appearance
All development, including construction of new buildings, expansion of existing buildings or conversion of existing buildings shall have a residential appearance. Criteria for evaluating residential appearance include, but are not limited to, size and placement of windows and doors, building materials and site design. Buildings resembling large storage sheds, pole barns or other outbuildings are not allowed.
J. 
Living Area
The living area shall be 51% or greater of the total gross floor area. Living area means the interior habitable area of the dwelling unit(s) including the basement and attics but not including a garage or any accessory building or structure where the use is primarily for storage.
R-3 Dimensional Standards Illustration
(Ord. 957, 5-10-2022)

§ 12.4.3.90 High Density Residential Zoning District 4 (R-4).

4.3.91 
Purpose and Intent
The purpose and intent of the R-4 Zoning District is to provide a high density residential area in close proximity to compatible commercial and industrial uses. This district provides a mix of residential, commercial and public uses in which the non-residential uses benefit from close proximity to the residential population and occupy buildings that have a residential form and character. Developments of nine to 16 dwelling units per acre are encouraged in this district.
4.3.92 
Allowed Uses
Principal, Accessory, and Conditional Uses allowed in the R-4 District are in Table 4.3.92. All Conditional Uses must comply with Section 12.4.4.10, Conditional Uses. Some Principal Uses shall comply with specific standards as referenced in Table 4.3.92. All Uses shall comply with Article 12.4.5, Standards of General Applicability.
An Accessory Structure shall be allowed only when a Principal Use has been established on the lot. In the event the applicant desires to construct an Accessory Structure prior to establishing a Principal Use, the Building Permit for both the Accessory Structure and Principal Use shall be issued together. When an Accessory Structure is constructed prior to the Principal Use, the Final Inspection for the Accessory Structure shall not be issued until the Principal Use has received its Rough Framing Inspection.
Table 4.3.92
Allowed Uses: R-4
Principal
Single-Family
Short-Term Rental, See Section 12.4.4.22(M)
Day Care, Family, See Section 12.4.4.22(B)
Assisted Living, 8 or fewer persons served
Public Parks & Recreation
Group Home
Multifamily 2-4 units
Accessory
ADU/Guest House, See Section 12.4.4.22(F)
Home Occupation, See Section 12.4.4.22(C)
Storage/Garage
Building/Shed
Conditional
Government Buildings & Facilities
Worship Facility
Medical Office, See Section 12.4.3.94(C)
Bed & Breakfast, See Section 12.4.4.22(A)
Long-Term Care Facility
Assisted Living, > 8 persons served
Professional Office, See Section 12.4.3.94(C)
Multifamily >4 units
Animals, See Section 12.4.4.22(L)
4.3.93 
Dimensional Standards
Development in the R-4 District shall comply with the Dimensional Standards established in Table 4.3.93.
Table 4.3.93
Dimensional Standards: R-4
Lot Standards
Lot Area, min. square feet
5,000
Lot Frontage, min. feet
50
Minimum Setbacks (feet)
Front (See Section 12.4.3.94(G))
10
Side
6
Rear (When Not on an Alley or Row)
5
Rear (When on an Alley or Row)
0
Building Standards
Building Height
40
4.3.94 
Specific District Standards
The following standards shall apply to development in the R-4 Zoning District:
A. 
Lot Size per Dwelling
Minimum lot size for a single-family dwelling shall be 5,000 square feet and shall increase by 1,250 square feet for each additional dwelling unit.
B. 
Lot Frontage
Minimum lot frontage shall be 50 feet for three or fewer dwelling units and 75 feet for more than three dwelling units.
C. 
Office, Retail
Office and/or Retail structures which exceed 2,000 square feet in gross floor area shall have a residential appearance. Criteria for evaluating residential appearance include, but are not limited to, the sizes of windows and doors, building materials and site design.
D. 
Sidewalk
Sidewalks shall be required in accordance with Section 12.4.5.86, Pedestrian Access.
E. 
Fences, Front Setback
Fences (whether solid or open in style) in front setbacks in Residential Zoning Districts shall not exceed 42 inches in height.
F. 
Drive-Through Prohibited
Drive-through facilities are prohibited in Residential Zoning Districts.
G. 
Residential Appearance
All development, including construction of new buildings, expansion of existing buildings or conversion of existing buildings shall have a residential appearance. Criteria for evaluating residential appearance include, but are not limited to, size and placement of windows and doors, building materials and site design. Buildings resembling large storage sheds, pole barns or other outbuildings are not allowed.
H. 
Living Area
The living area shall be 51% or greater of the total gross floor area. Living area means the interior habitable area of the dwelling unit(s) including the basement and attics but not including a garage or any accessory building or structure where the use is primarily for storage.
R-4 Dimensional Standards Illustration
(Ord. 957, 5-10-2022)

§ 12.4.3.100 Central Business Transition Zoning District 1 (C-1).

4.3.101 
Purpose and Intent
The purpose and intent of the C-1 Zoning District is to permit a mix of commercial and residential uses while maintaining a residential character. This district provides a buffer between the central business district and residential areas and is intended to minimize conflicts between commercial and residential neighborhoods. The C-1 District promotes the continued occupancy and rehabilitation of existing structures by allowing residential structures to be converted to low intensity commercial uses such as professional offices and art galleries.
4.3.102 
Allowed Uses
Principal, Accessory, and Conditional Uses allowed in the C-1 District are in Table 4.3.102. All Conditional Uses must comply with Section 12.4.4.10, Conditional Uses. Some Principal Uses shall comply with specific standards as referenced in Table 4.3.102. All Uses shall comply with Article 12.4.5, Standards of General Applicability.
An Accessory Structure shall be allowed only when a Principal Use has been established on the lot. In the event the applicant desires to construct an Accessory Structure prior to establishing a Principal Use, the Building Permit for both the Accessory Structure and Principal Use shall be issued together. When an Accessory Structure is constructed prior to the Principal Use, the Final Inspection for the Accessory Structure shall not be issued until the Principal Use has received its Rough Framing Inspection.
Table 4.3.102
Allowed Uses: C-1
Principal
Single-Family
Short-Term Rental, See Section 12.4.4.22(M)
Day Care, Family, See Section 12.4.4.22(B)
Two-Family/Duplex
Group Home
Art Gallery
Government Buildings, Facilities
Medical Office, See Section 12.4.3.104(C)
Long-Term Care Facility
Bed & Breakfast, See Section 12.4.4.22(A)
Professional Office, See Section 12.4.3.104(C)
Public Parks & Recreation
Accessory
ADU/Guest House, See Section 12.4.4.22(F)
Home Occupation, See Section 12.4.4.22(C)
Storage/Garage
Building/Shed
Conditional
Day Care, Group, See Section 12.4.4.22(B)
Worship Facility
Three-Family/Triplex
Commercial Entertainment
Retail, See Section 12.4.3.104(C)
Hotel, Motel Lodging
Restaurant, See Section 12.4.3.104(C)
Secondary/On-site Alcohol or Beer/Wine Consumption for a Restaurant
4.3.103 
Dimensional Standards
Development in the C-1 District shall comply with the Dimensional Standards established in Table 4.3.103.
Table 4.3.103
Dimensional Standards: C-1
Lot Standards
Lot Area, min. square feet
NA
Lot Frontage, min. feet
NA
Minimum Setbacks (feet)
Front
20
Side
6
Rear (When Not on an Alley or Row)
10
Rear (When on an Alley or Row)
0
Building Standards
Building Height
30
4.3.104 
Specific District Standards
The following standards shall apply to development in the C-1 Zoning District:
A. 
Change of Use
All changes of use from residential to non-residential uses shall comply with Section 12.4.4.10, Conditional Uses.
B. 
Screening
Service areas associated with non-residential uses, such as dumpsters, and parking lots larger than four parking spaces shall be screened from adjoining residential uses with an opaque wall and/or fence at least six feet in height, along with vegetation.
C. 
Office, Retail
Retail, restaurants, medical and professional office structures shall not exceed 5,000 square feet in gross floor area.
D. 
Building Orientation
Primary building façades and entries shall face the adjacent street or avenue.
E. 
Sidewalk
Sidewalks shall be required in accordance with Section 12.4.5.86, Pedestrian Access.
F. 
Residential Appearance
All development, including the construction of new buildings, expansion of existing buildings and the conversion of existing buildings to commercial use, shall have a residential appearance. Criteria for evaluating residential appearance include, but are not limited to, the sizes of windows and doors, building materials and site design.
G. 
Historic Character
The design of all new buildings and the design of existing buildings that are expanded in gross floor area shall be compatible with the historic architecture of Red Lodge as described in the Red Lodge Revitalization Master Plan. When said expansion is less than 20%, the Zoning Administrator may waive these compatibility requirements when such a waiver is deemed to be consistent with the intent of this code.
Compatible design includes, but is not limited to, the use of false fronts, and the type of ground floor windows typically used on historic buildings in Red Lodge.
Acceptable exterior building materials traditionally used on historic buildings in Red Lodge, such as stone, brick, and wood (or modern alternative materials with the look of traditional materials; an example of a modern alternative to wood siding could be cementitious board siding such as the brand name of Hardi-Plank) shall be used.
Stucco and other similar materials are considered historic materials of Red Lodge in this district.
H. 
Design Review Required
Designs and plans for all new buildings and expansions to existing buildings that increase gross floor area shall be reviewed by the Planning Board/Zoning Commission pursuant to subsection F, Residential Appearance, and subsection G, Historic Character, above. Sign packages as part of Secondary and Tertiary Uses are subject to Design Review. When said expansion is less than 20%, the Zoning Administrator may waive these design review requirements when such a waiver is deemed to be consistent with the intent of this code.
I. 
Non-Residential Uses
Allowed commercial uses and all Conditional Uses that propose to construct or expand gross floor area by 2,000 square feet or more are required to comply with Section 12.4.4.10, Conditional Uses, and obtain a Conditional Use Permit; and Article 12.4.5, Standards of General Applicability. When said expansion is less than 2,000 square feet, the Zoning Administrator may waive the Conditional Use Permit and standards of general applicability requirements when such a waiver is deemed to be consistent with the intent of this code.
C-1 Central Business Transition Zoning District Standards Illustration
(Ord. 957, 5-10-2022)

§ 12.4.3.110 Commercial Mixed Use Zoning District 2 (C-2).

4.3.111 
Purpose and Intent
The purpose and intent of the C-2 Zoning District is to permit mixed-use developments containing a range of aesthetically compatible commercial and residential developments. This zoning district is intended to encourage residential and commercial uses in an urban context.
4.3.112 
Allowed Uses
Principal, Accessory, and Conditional Uses allowed in the C-2 District are in Table 4.3.112. All Conditional Uses must comply with Section 12.4.4.10, Conditional Uses. Some Principal Uses shall comply with specific standards as referenced in Table 4.3.112. All Uses shall comply with Article 12.4.5, Standards of General Applicability.
An Accessory Structure shall be allowed only when a Principal Use has been established on the lot. In the event the applicant desires to construct an Accessory Structure prior to establishing a Principal Use, the Building Permit for both the Accessory Structure and Principal Use shall be issued together. When an Accessory Structure is constructed prior to the Principal Use, the Final Inspection for the Accessory Structure shall not be issued until the Principal Use has received its Rough Framing Inspection.
Table 4.3.112
Allowed Uses: C-2
Principal
Single-Family
Day Care, Family, See Section 12.4.4.22(B)
Professional Office, See Section 12.4.3.104(C)
Short-Term Rental, See Section 12.4.4.22(M)
Public Parks & Recreation
Day Care, Group, See Section 12.4.4.22(B)
Retail, See Section 12.4.3.104(C)
Group Home
Two-Family/Duplex
Medical Office, See Section 12.4.3.104(C)
Long-Term Care Facility
Art Gallery
Bed & Breakfast, See Section 12.4.4.22(A)
Accessory
ADU/Guest House, See Section 12.4.4.22(F)
Home Occupation, See Section 12.4.4.22(C)
Storage/Garage
Building/Shed
Conditional
Light Industrial, See Section 12.4.3.114(C)
Worship Facility
Multifamily >3 units
Vehicle Sales, Repair & Services
Restaurant
School
Government Buildings & Facilities
4.3.113 
Dimensional Standards
Development in the C-2 District shall comply with the Dimensional Standards established in Table 4.3.113.
Table 4.3.113
Dimensional Standards: C-2
Lot Standards
Lot Area, min. square feet
NA
Lot Frontage, min. feet
NA
Minimum Setbacks (feet)
Front
10
Side
6
Rear (When Not on an Alley or Row)
10
Rear (When on an Alley or Row)
0
Building Standards
Building Height
35
4.3.114 
Specific District Standards
The following standards shall apply to development in the C-2 Zoning District:
A. 
Change of Use
All changes of use from residential to non-residential uses shall comply with Section 12.4.4.10, Conditional Uses.
B. 
Screening
Service areas associated with non-residential uses, such as dumpsters, and parking lots larger than four parking spaces shall be screened from adjoining residential uses with an opaque wall and/or fence at least six feet in height, along with vegetation.
C. 
Industrial, Manufacturing, and Assembly
Industrial, Manufacturing and Assembly structures shall not exceed 5,000 square feet in gross floor area.
D. 
Building Orientation
Primary building façades and entries shall face the adjacent avenue.
E. 
Sidewalk
Sidewalks shall be required in accordance with Section 12.4.5.86, Pedestrian Access.
F. 
Residential Appearance
All development, including the construction of new buildings, expansion of existing buildings and the conversion of existing buildings to commercial use, shall have a residential appearance. Criteria for evaluating residential appearance include, but are not limited to, the sizes of windows and doors, building materials and site design.
G. 
Non-Residential Uses
Allowed commercial uses and all Conditional Uses that propose to construct or expand gross floor area by 2,000 square feet or more are required to comply with Section 12.4.4.10, Conditional Uses, and obtain a Conditional Use Permit; and Article 12.4.5, Standards of General Applicability. When said expansion is less than 2,000 square feet, the Zoning Administrator may waive the Conditional Use Permit and standards of general applicability requirements when such a waiver is deemed to not be inconsistent with the intent of this code.
H. 
Design Review Required
Designs and plans for all new buildings and expansions to existing buildings that increase gross floor area shall be reviewed by the Planning Board/Zoning Commission pursuant to Section 12.4.9.82, Design Review, for compliance with Subsection F, Residential Appearance. Sign packages as part of Secondary and Tertiary Uses are subject to Design Review. When said expansion is less than 20%, the Zoning Administrator may waive these design review requirements when such a waiver is deemed to be consistent with the intent of this code.
C-2 Commercial Mixed Use Zoning District Standards Illustration
(Ord. 957, 5-10-2022)

§ 12.4.3.120 Commercial Entrance Zoning District 3 (C-3-N).

4.3.121 
Purpose and Intent
The purpose and intent of the C-3-N Zoning District is to provide a mix of uses and promote aesthetically compatible, multi-modal approaches to the City Center that are consistent with the Community Entrance Goals, Strategies and Regulations. This zoning district is intended to encourage high-density residential, commercial and light industrial uses in an urban context that are consistent with Red Lodge's historic image. A further intent of the C-3-N district is to maximize connectivity between new development and the City by extending the existing street grid and the trail system into the zoning district. The C-3-N District is intended to avoid typical strip commercial development, ensure controlled access to U.S. Highways 212 and 78 and promote a mix of types of transportation, or multi-modal transportation, for the purpose of coordinating land use with major transportation corridors and announcing the arrival into Red Lodge.
4.3.122 
Allowed Uses
Principal, Accessory, and Conditional Uses allowed in the C-3-N District are in Table 4.3.122. All Conditional Uses must comply with Section 12.4.4.10, Conditional Uses. Some Principal Uses shall comply with specific standards as referenced in Table 4.3.122. All Uses shall comply with Article 12.4.5, Standards of General Applicability.
An Accessory Structure shall be allowed only when a Principal Use has been established on the lot. In the event the applicant desires to construct an Accessory Structure prior to establishing a Principal Use, the Building Permit for both the Accessory Structure and Principal Use shall be issued together. When an Accessory Structure is constructed prior to the Principal Use, the Final Inspection for the Accessory Structure shall not be issued until the Principal Use has received its Rough Framing Inspection.
Table 4.3.122
Allowed Uses: C-3-N
Principal
Single-Family
Day Care, Group, See Section 12.4.4.22(B)
Day Care, Family, See Section 12.4.4.22(B)
Worship Facility
Group Home
Retail
Medical Office
2-3 Family/Duplex-Triplex
Long-Term Care Facility
Bed & Breakfast, See Section 12.4.4.22(A)
Health Care Facility (e.g. clinic, hospital)
Professional Office
Short-Term Rental, See Section 12.4.4.22(M)
Government Buildings, Facilities
Public Parks & Recreation
Restaurant
Art Gallery
Pharmacy
Commercial Entertainment
Hotel, Motel, Lodging
Accessory
ADU/Guest House, See Section 12.4.4.22(F)
Home Occupation, See Section 12.4.4.22(C)
Storage/Garage
Building/Shed
Conditional
Light Industrial/ Manufacturing & Assembly
Vehicle Sales, Repair & Service
Warehousing/Freight Distribution
Mini-Storage
Waste Collection
School
Multifamily, >3 units
Manufactured Home Communities, See Section 12.4.4.22(D)
Drive-Through Facilities
Alcohol-Consumption/Sales as a Secondary Use
Propane Distribution & Bulk Storage, See Section 12.4.4.22(J)
Animals, See Section 12.4.4.22(L)
Outdoor Storage, See Section 12.4.4.30
Gambling as Tertiary Use
Marijuana Dispensary
4.3.123 
Dimensional Standards
Development in the C-3-N District shall comply with the Dimensional Standards established in Table 4.3.123.
Table 4.3.123
Dimensional Standards: C-3-N
Lot Standards
Lot Area, min. square feet
NA
Lot Frontage, min. feet
NA
Setbacks (feet)
Front
10
Side
10
Rear (When Not on an Alley or Row)
10
Rear (When on an Alley or Row)
0
Building Standards
Building Height
40
4.3.124 
Specific District Standards
The following standards shall apply to development in the C-3-N Zoning District:
A. 
Parking Lots
All parking spaces shall be located on the side or rear of the principal building and are prohibited between the principal building and highway.
B. 
Controlled Access
Access to U.S. Highways 212 and 78 shall be consistent with the Resolution 3228, Controlled Access Plan. Said access shall comply with Section 12.4.5.45, Access, Curb Cuts.
C. 
Sidewalk
Sidewalks shall be required in accordance with Section 12.4.5.86, Pedestrian Access.
D. 
Rock Creek Views
Site plans shall be designed to preserve views of Rock Creek from the State Highway to the maximum extent practicable.
E. 
Screening
Service areas associated with non-residential uses, such as dumpsters, and parking lots larger than four parking spaces shall be screened from adjoining rights-of-way and uses with an opaque wall and/or fence at least six feet in height, along with vegetation.
F. 
Street Wall Length and Shape
To avoid long and monotonous building façades, the building façade facing any street or avenue shall not be more than 50 feet without an offset in the wall plane or architectural features or indents designed to break up the apparent mass of the wall and prevent the building from being a rectangle or square.
G. 
Roof Standards
Roofs shall be of a color and design that are compatible with the rest of the building. Roofs shall have varying pitches, parapets, angles and other acceptable styles that prevent the monotony of roofs. All roof penetrations shall be ganged and screened to the maximum extent practicable.
H. 
Historic Character
The design of all new buildings and the design of existing buildings that are expanded in gross floor area shall be compatible with the historic architecture of Red Lodge as described in the Red Lodge Revitalization Master Plan. When said expansion is less than 20%, the Zoning Administrator may waive these compatibility requirements when such a waiver is deemed to be consistent with the intent of this code. Compatible design includes, but is not limited to, the use of false fronts, and the type of ground floor windows typically used on historic buildings in Red Lodge.
Acceptable exterior building materials traditionally used on historic buildings in Red Lodge, such as stone, brick, and wood (or modern alternative materials with the look of traditional materials; an example of a modern alternative to wood siding could be cementitious board siding such as the brand name of Hardi-Plank) shall be used.
Stucco and other similar materials are not historic materials of Red Lodge.
I. 
Design Review Required
Designs and plans for all new buildings and expansions to existing buildings that increase gross floor area shall be reviewed by the Planning Board/Zoning Commission pursuant to Section 12.4.9.82, Design Review, for compliance with subsection H, Historic Character, above. Sign packages as part of Secondary and Tertiary Uses are subject to Design Review. When said expansion is less than 20%, the Zoning Administrator may waive these design review requirements when such a waiver is deemed to be consistent with the intent of this code.
J. 
Non-Residential Uses
Allowed commercial uses and all Conditional Uses that propose to construct or expand an area by 2,000 square feet or more are required to comply with Section 12.4.4.10, Conditional Uses, and obtain a Conditional Use Permit and Article 12.4.5, Standards of General Applicability. When said expansion is less than 2,000 square feet, the Zoning Administrator may waive the Conditional Use Permit and standards of general applicability requirements when such a waiver is deemed to be consistent with the intent of this code.
(Ord. 957, 5-10-2022)

§ 12.4.3.130 Commercial Entrance Zoning District 3 (C-3-S).

4.3.131 
Purpose and Intent
The purpose and intent of the C-3-S Zoning District is to provide a mix of uses and promote aesthetically compatible, multi-modal approaches to the City Center that are consistent with the Community Entrance Goals, Strategies and Regulations. This zoning district is intended to encourage high-density residential and commercial uses in an urban context that are consistent with Red Lodge's historic image. A further intent of the C-3-S district is to maximize connectivity between new development and the City by extending the existing street grid and the trail system into the zoning district. The C-3-S District is intended to avoid typical strip commercial development, and promote a mix of types of transportation, or multi-modal transportation, for the purpose of coordinating land use with major transportation corridors and announcing the arrival into Red Lodge.
4.3.132 
Allowed Uses
Principal, Accessory, and Conditional Uses allowed in the C-3-S District are in Table 4.3.132. All Conditional Uses must comply with Section 12.4.4.10, Conditional Uses. Some Principal Uses shall comply with specific standards as referenced in Table 4.3.132. All Uses shall comply with Article 12.4.5, Standards of General Applicability.
An Accessory Structure shall be allowed only when a Principal Use has been established on the lot. In the event the applicant desires to construct an Accessory Structure prior to establishing a Principal Use, the Building Permit for both the Accessory Structure and Principal Use shall be issued together. When an Accessory Structure is constructed prior to the Principal Use, the Final Inspection for the Accessory Structure shall not be issued until the Principal Use has received its Rough Framing Inspection.
TABLE 4.3.132
Allowed Uses: C-3-S
Principal
Single-Family
Day Care, Group, See Section 12.4.4.22(B)
Day Care, Family, See Section 12.4.4.22(B)
Worship Facility
Group Home
Retail
Medical Office
2-3 Family/Duplex-Triplex
Long-Term Care Facility
Bed & Breakfast, See Section 12.4.4.22(A)
Health Care Facility (e.g. clinic, hospital)
Professional Office, See Section 12.4.3.134(B)
Short-Term Rental, See Section 12.4.4.22(M)
Government Buildings, Facilities
Public Parks & Recreation
Restaurant
Art Gallery
Pharmacy
Commercial Entertainment
Hotel, Motel, Lodging
Accessory
ADU/Guest House, See Section 12.4.4.22(F)
Home Occupation, See Section 12.4.4.22(C)
Storage/Garage
Building/Shed
Conditional
Light Industrial/Manufacturing & Assembly
Vehicle Sales, Repair & Service
Multifamily, >3 units
Drive-through
Distribution
School
Alcohol-Consumption/Sales as a Secondary Use
Gambling as Tertiary Use
Animals, See Section 12.4.4.22(L)
Marijuana Dispensary
4.3.133 
Dimensional Standards
Development in the C-3-S District shall comply with the Dimensional Standards established in Table 4.3.133.
Table 4.3.133
Dimensional Standards: C-3-S
Lot Standards
Lot Area, min. square feet
NA
Lot Frontage, min. feet
NA
Setbacks (feet)
Front
10
Side
10
Rear (When Not on an Alley or Row)
10
Rear (When on an Alley or Row)
0
Building Standards
Building Height
35
4.3.134 
Specific District Standards
The following standards shall apply to development in the C-3-S Zoning District:
A. 
Parking Lots
All parking spaces shall be located on the side or rear of the principal building and are prohibited between the principal building and highway.
B. 
Screening
Service areas associated with non-residential uses, such as dumpsters, and parking lots larger than four parking spaces shall be screened from adjoining rights-of-way and uses with an opaque wall and/or fence at least six feet in height, along with vegetation.
C. 
Sidewalk
Sidewalks shall be required in accordance with Section 12.4.5.86, Pedestrian Access.
D. 
Rock Creek Views
Site plans shall be designed to preserve views of Rock Creek from the State highway to the maximum extent practicable.
E. 
Street Wall Length and Shape
To avoid long and monotonous building façades, the building façade facing any street or avenue shall not be more than 50 feet without an offset in the wall plane or architectural features or indents designed to break up the apparent mass of the wall and prevent the building from being a rectangle or square.
F. 
Roof Standards
Roofs shall be of a color and design that are compatible with the rest of the building. Roofs shall have varying pitches, parapets, angles and other acceptable styles that prevent the monotony of roofs. All roof penetrations shall be ganged and screened to the maximum extent practicable.
G. 
Historic Character
The design of all new buildings and the design of existing buildings that are expanded in gross floor area shall be compatible with the historic architecture of Red Lodge as described in the Red Lodge Revitalization Master Plan. When said expansion is less than 20%, the Zoning Administrator may waive these compatibility requirements when such a waiver is deemed to be consistent with the intent of this code. Compatible design includes, but is not limited to, the use of false fronts, and the type of ground floor windows typically used on historic buildings in Red Lodge.
Acceptable exterior building materials traditionally used on historic buildings in Red Lodge, such as stone, brick, and wood (or modern alternative materials with the look of traditional materials; an example of a modern alternative to wood siding could be cementitious board siding such as the brand name of Hardi-Plank) shall be used.
Stucco and other similar materials are not historic materials of Red Lodge.
H. 
Design Review Required
Designs and plans for all new buildings and expansions to existing buildings that increase gross floor area shall be reviewed by the Planning Board/Zoning Commission pursuant to Section 12.4.9.82, Design Review, for compliance with Subsection G, Historic Character, above. Sign packages as part of Secondary and Tertiary Uses are subject to Design Review. When said expansion is less than 20%, the Zoning Administrator may waive these design review requirements when such a waiver is deemed to be consistent with the intent of this code.
I. 
Non-Residential Uses
Allowed commercial uses and all Conditional Uses that propose to construct or expand gross floor area of 2,000 square feet or more are required to comply with Section 12.4.4.10, Conditional Uses, and obtain a Conditional Use Permit; and Article 12.4.5, Standards of General Applicability. When said expansion is less than 2,000 square feet, the Zoning Administrator may waive the Conditional Use Permit and standards of general applicability requirements when such a waiver is deemed to be consistent with the intent of this code.
(Ord. 957, 5-10-2022)

§ 12.4.3.140 Central Business Zoning District 4 (C-4).

4.3.141 
Purpose and Intent
The purpose and intent of the C-4 Zoning District is to provide the business, social, cultural, and governmental center in the heart of the City that is consistent with the Red Lodge Growth Policy, Central Business District, and Commercial Historic District Goals. This district provides for a mix of commercial, office, and residential uses in two- and three-level mixed-use buildings where the citizens of Red Lodge and the surrounding area conduct daily business and seek entertainment. In addition to providing for business activities, it is the further intent of this district to preserve the small-town character, pedestrian character, pedestrian scale of development and historic structures that contribute to the appeal and economic vitality of the community. The C-4 District promotes the continued infill, investment, and development of the City Center.
4.3.142 
Allowed Uses
Principal, Accessory, and Conditional Uses allowed in the C-4 District are in Table 4.3.142. All Conditional Uses must comply with Section 12.4.4.10, Conditional Uses. Some Principal Uses shall comply with specific standards as referenced in Table 4.3.142. All Uses shall comply with Article 12.4.5, Standards of General Applicability.
An Accessory Structure shall be allowed only when a Principal Use has been established on the lot. In the event the applicant desires to construct an Accessory Structure prior to establishing a Principal Use, the Building Permit for both the Accessory Structure and Principal Use shall be issued together. When an Accessory Structure is constructed prior to the Principal Use, the Final Inspection for the Accessory Structure shall not be issued until the Principal Use has received its Rough Framing Inspection.
Table 4.3.142
Allowed Uses: C-4
Principal
Single-Family
Multifamily ≥ 2 units
Vehicle Repair, Service & Sales
Short-Term Rental, See Section 12.4.4.22(M)
Public Parks & Recreation
Health Care Facility (e.g., clinic, hospital)
Commercial Entertainment
Day Care, Group, See Section 12.4.4.22(B)
Professional Office, See Section 12.4.3.144(E)
Medical Office
Long-Term Care Facility
Bed & Breakfast, See Section 12.4.4.22(A)
Pharmacy
Worship Facility
Group Home
Retail
Art Gallery
Restaurant
Government Buildings, Facilities
Day Care, Family, See Section 12.4.4.22(B)
Alcohol, Consumption & Sales
Hotel, Motel, Lodging
Marijuana Dispensary, See Section 12.4.4.22(I)
Accessory
ADU/Guest House, See Section 12.4.4.22(F)
Home Occupation, See Section 12.4.4.22(C)
Storage/Garage
Building/Shed
Conditional
Sexually Oriented Business, See Section 12.4.4.22(H)
Manufacturing, Light Industrial & Assembly
Gambling as a Primary Use
Parking Garage
School
Freight & Distribution
4.3.143 
Dimensional Standards
Development in the C-4 District shall comply with the Dimensional Standards established in Table 4.3.143.
Table 4.3.143
Dimensional Standards: C-4
Lot Standards
Lot Area, min. square feet
NA
Lot Frontage, min. feet
NA
Minimum Setbacks (feet)
Front, Maximum
5 feet, See Section 12.4.3.144(D)
Side
0
Rear
0
Building Standards
Building Height
45 feet, See Section 12.4.3.144(I)
4.3.144 
Specific District Standards
The following standards shall apply to development in the C-4 Zoning District:
A. 
Reverse Frontage
Reverse frontage (parking beside or behind the building) shall be required per Section 12.4.5.46, Parking Lots on Broadway.
B. 
Building Orientation
Primary building façades and entries shall face the adjacent street or avenue with an entry door recessed at least two feet from the front building wall.
C. 
Exemptions
All development within the Central Business District is exempt from Section 12.4.5.40, Parking and Loading Standards.
D. 
Maximum Setback
Maximum front setback shall be five feet. Matching the setback of adjoining buildings is encouraged and a zero setback is allowed.
E. 
Screening
Service areas associated with non-residential uses, such as dumpsters, and parking lots larger than four parking spaces shall be screened from adjoining residential uses with an opaque wall and/or fence at least six feet in height, along with vegetation.
F. 
Historic District
Development shall comply with Section 12.4.3.173, Commercial Historic District Overlay.
G. 
Street Wall Length and Shape
To avoid long and monotonous building façades, the building façade facing any street or avenue shall not be more than 50 feet without an offset in the wall plane or architectural features or indents designed to break up the apparent mass of the wall and prevent the building from being a rectangle or square.
H. 
Roof Standards
Roofs shall be of a color and design that are compatible with the rest of the building. Roofs shall have varying pitches, parapets, angles and other acceptable styles that prevent the monotony of roofs. All roof penetrations shall be ganged and screened to the maximum extent practicable.
I. 
Building Height
Multi-level buildings are encouraged; however, building height shall be consistent with adjoining buildings. The Planning Board/Zoning Commission may require upper floor(s) of new buildings or additions to be set back from the street up to 30 feet to allow the lower floor(s) of the new building or addition to match the height of adjoining building.
J. 
Minimum Ground Floor Height
The minimum floor-to-ceiling height of the ground floor shall be 10 feet for a depth of 20 feet from the front wall.
K. 
Sidewalk
Sidewalks shall be required in accordance with Section 12.4.5.86, Pedestrian Access.
L. 
Design Review Required
Designs and plans for all new buildings and expansions to existing buildings that increase gross floor area shall be reviewed by the Planning Board/Zoning Commission pursuant to Section 12.4.9.82, Design Review, for compliance with the following above subsections: Historic District, Street Wall Length and Shape, Roof Standards, Building Height, Minimum Ground Floor Height, and Sidewalk. Secondary and Tertiary Use sign packages are subject to Design Review. When said expansion is less than 20%, the Zoning Administrator may waive these design review requirements when such a waiver is deemed to be consistent with the intent of this code.
M. 
Non-Residential Uses
Allowed commercial uses and all Conditional Uses that propose to construct or expand gross floor area of 2,000 square feet or more are required to comply with Section 12.4.4.10, Conditional Uses, and obtain a Conditional Use Permit; and Article 12.4.5, Standards of General Applicability. When an expansion is less than 2,000 square feet, the Zoning Administrator may waive the conditional use permit and standards of general applicability requirements when such a waiver is deemed to be consistent with the intent of this code.
C-4 Central Business Zoning District Standards Illustration
(Ord. 957, 5-10-2022)

§ 12.4.3.150 Public Use Zoning District 1 (P-1).

4.3.151 
Purpose and Intent
The purpose and intent of the P-1 Zoning District is to provide an adequate amount of land for a variety of public and semi-public uses that serve the public health, safety and general welfare, implement the Red Lodge Growth Policy and protect critical natural resources. These include various public buildings, parks and recreational facilities, and open spaces. This zoning district further intends to minimize incompatibility between the public uses and neighboring private uses.
4.3.152 
Allowed Uses
Principal, Accessory, and Conditional Uses allowed in the P-1 District are in Table 4.3.152. All Conditional Uses must comply with Section 12.4.4.10, Conditional Uses. Some Principal Uses shall comply with specific standards as referenced in Table 4.3.152. All Uses shall comply with Article 12.4.5, Standards of General Applicability.
An Accessory Structure shall be allowed only when a Principal Use has been established on the lot. In the event the applicant desires to construct an Accessory Structure prior to establishing a Principal Use, the Building Permit for both the Accessory Structure and Principal Use shall be issued together. When an Accessory Structure is constructed prior to the Principal Use, the Final Inspection for the Accessory Structure shall not be issued until the Principal Use has received its Rough Framing Inspection.
Table 4.3.152
Allowed Uses: P-1
Permitted
Airport
Health Care Facility (e.g. clinic hospital)
Public Park, Recreation
Rodeo & Fairgrounds
Governmental Buildings, Facilities
Accessory
Storage/Garage
Building/Shed
Conditional
Schools
Waste Collection
4.3.153 
Dimensional Standards
Development in the P-1 District shall comply with the Dimensional Standards established in Table 4.3.153.
Table 4.3.153
Dimensional Standards: P-1
Lot Standards
Lot Area, min. square feet
NA
Lot Frontage, min. feet
NA
Minimum Setbacks (feet)
Front, Maximum
10
Side
6
Rear (When Not on an Alley or Row)
5
Rear (When on an Alley or Row)
0
Building Standards
Building Height
35 feet
4.3.154 
Specific District Standards
The following standards shall apply to development in the P-1 Zoning District.
P-1 Public Use Zoning District Standards Illustration
(Ord. 957, 5-10-2022)

§ 12.4.3.160 Public Use Zoning District 2 (P-2).

4.3.161 
Purpose and Intent
The purpose and intent of the P-2 Zoning District is to provide adequate land for schools in the heart of the City and to avoid the construction of schools in the outlying areas of the City.
4.3.162 
Allowed Uses
Principal, Accessory, and Conditional Uses allowed in the P-2 District are in Table 4.3.162. All Conditional Uses must comply with Section 12.4.4.10, Conditional Uses. Some Principal Uses shall comply with specific standards as referenced in Table 4.3.62. All Uses shall comply with Article 12.4.5, Standards of General Applicability.
An Accessory Structure shall be allowed only when a Principal Use has been established on the lot. In the event the applicant desires to construct an Accessory Structure prior to establishing a Principal Use, the Building Permit for both the Accessory Structure and Principal Use shall be issued together. When an Accessory Structure is constructed prior to the Principal Use, the Final Inspection for the Accessory Structure shall not be issued until the Principal Use has received its Rough Framing Inspection.
Table 4.3.162
Allowed Uses: P-2
Permitted
Public Park, Recreation
Accessory
Storage/Garage
Building/Shed
Conditional
Schools
Governmental Buildings, Facilities
4.3.163 
Dimensional Standards
Development in the P-2 District shall comply with the Dimensional Standards established in Table 4.3.163.
Table 4.3.163
Dimensional Standards: P-2
Lot Standards
Lot Area, min. square feet
NA
Lot Frontage, min. feet
NA
Minimum Setbacks (feet)
Front, Maximum
10
Side
6
Rear (When not on an Alley or Row)
5
Rear (When on an Alley or Row)
0
Building Standards
Building Height
35
4.3.164 
Specific District Standards
The following standards shall apply to development in the P-2 Zoning District.
P-2 Public Use Zoning District Standards Illustration
(Ord. 957, 5-10-2022)

§ 12.4.3.170 Overlay Zoning Districts.

4.3.171 
Overlay Zoning Districts Created
This section establishes the following Overlay Zoning Districts: Skyline Overlay Zoning District, Commercial Historic Overlay Zoning District, Hi Bug Historic Overlay Zoning District, and Airport Safety Overlay Zoning District. Development located in an established overlay district shall comply with the standards created in this section for the overlay district in addition to all other standards and procedures of these regulations unless expressly exempted from certain standards or procedures. The Skyline Overlay Zoning District is not mapped due to the complexity of the overlay.
4.3.172 
Skyline Overlay Zoning District (SOZD)
A. 
Purpose and Intent
The purpose and intent of the Skyline Overlay Zoning District is to protect the health and safety of Red Lodge citizens and avoid property damage to homes and other structures near the rims of the East and West benches. The SOZD also preserves view sheds that serve as public and private amenities and contribute to the character and aesthetic appearance of the City.
B. 
Location
The SOZD applies to the land generally described as being within 100 feet of the rim of the East bench or within 100 feet of the rim of the West bench. The Zoning Administrator shall define the rim based on a distinct change of topography.
C. 
Setback
All buildings shall be set back from the rim, as determined by the Zoning Administrator, a minimum of 40 feet.
D. 
Building Height
The maximum height of buildings shall be 18 feet, measured from original grade at the 40 foot setback from the rim and shall increase one additional foot in height for each additional two feet of setback from the rim (Table 4.3.172), not to exceed the maximum building height of the underlying zoning district. This building height standard shall apply to buildings located above and below the rim, so as not to disturb the skyline.
Table 4.3.172
Building Height Examples
Setback
Height
40 ft
18 ft
42 ft
19 ft
44 ft
20 ft
E. 
Existing Lots
Notwithstanding the standards of this section, platted lots, parcels and tracts that were lawfully created prior to the enactment of this section shall be entitled to a single-family dwelling. If said lots, parcels or tracts do not have a building site that complies with the standards of this section, a building site shall be approved that minimizes the penetration of the natural skyline and mitigates the visual impact of the building in accordance with the following standards.
1. 
Minimum Penetration
The natural skyline is defined as the line where the earth or the vegetation meets the sky as viewed from any location along Highway 212. The permitted building site is a location on the lot, parcel or tract on which a 20 foot tall building, measured from original grade, penetrates the natural skyline the least.
2. 
Building Height
The maximum height of a building that penetrates the natural skyline pursuant to this subsection shall be 20 feet measured from original grade.
4.3.173 
Commercial Historic Overlay Zoning District (CHOZD)
A. 
Purpose and Intent
The purpose and intent of the Commercial Historic Overlay Zoning District is to encourage preservation of the history, character and heritage of the City of Red Lodge. The CHOZD further promotes the preservation, rehabilitation and restoration of distinctive architectural features, landmarks and historic structures that characterize downtown Red Lodge and contribute to tourism and the overall economic stability of the community. The CHOZD accommodates new construction provided the new construction is in keeping with the purpose and intent of this CHOZD and contributes to the aesthetic character of the downtown area.
B. 
Location
The boundaries of the CHOZD are hereby re-established and affirmed and shown on the Official Zoning Map of the City of Red Lodge, which is on file in the office of the Carbon County Clerk and Recorder.
C. 
Applicability
The following development within the CHOZD, not exempted below, shall comply with the standards of this section and require a Record of Decision pursuant to this section:
1. 
New Development
The construction of a new building;
2. 
Expansion
Development that increases the gross floor area of an existing building. When said expansion is less than 20% the Zoning Administrator may waive these compatibility requirements when such a waiver is deemed to be consistent with the intent of this code.
3. 
Increase Building Height
Development that increases the height of an existing building;
4. 
Façade Modification
A modification of a façade of an existing building. A modification is a change to building materials, windows, doors, trim or other exterior building elements or repainting to a color not on the Benjamin Moore's Historical Color Collection; and, when said expansion is less than 20%, the Zoning Administrator may waive these compatibility requirements when such a waiver is deemed to be consistent with the intent of this code.
5. 
Removal of Historic Structure
The complete or partial removal of an historic structure.
D. 
Exemptions
Routine building maintenance, provided said maintenance does not modify 20% or more of a building façade, is exempt from this section. Routine maintenance includes:
1. 
Repainting
Repainting an existing building with the same color or another color from the Benjamin Moore's Historical Color Collection.
2. 
In-Kind Replacement
Replacement of windows, doors, trim or other building elements with the same type of element or the closest current-day replica of the building element.
3. 
Damage Repair
The repair of damage caused by fire, vandalism or natural causes provided the repairs alter less than 20% of a building façade as described in subsection (C)(4), above.
4. 
Structural Repairs
Structural enhancements designed to strengthen a building provided the repairs alter less than 20% of a building façade as described in subsection (C)(4), above.
E. 
Standards
All development performed within this CHOZD shall comply with the following standards:
1. 
Maximum Setback on Broadway
Notwithstanding the setbacks established in other sections of these regulations, the maximum front setback for a new principal building on Broadway shall be one foot.
2. 
Exterior Materials
Primary exterior building materials shall be brick or stone, except single-story buildings may have as the primary material painted horizontal clapboard siding that is not more than six inches wide. Secondary building materials used for trim or architectural features may be wood or an alternative trim material, provided they do not exceed 20% of a building façade. Entry doors facing Broadway shall be painted or stained wood and may include some glass.
3. 
Bulkhead, Kick Plate
All front building elevations that face Broadway shall incorporate a bulkhead or kick plate across the full building front, excluding doorways, that is at least one foot in height, but not more than two and one-half (2½) feet in height.
4. 
Ground Floor Windows
Ground floor windows facing Broadway shall be designed and constructed as display windows with a transom window. The top of the display window shall be at least seven feet high and the top of the transom window shall be at least nine feet high, as measured from the adjoining sidewalk.
5. 
Upper Floor Windows
Windows to floors above the ground floor shall be double-hung windows with a height at least one and a half (1½) times the window width. These upper floor windows shall be symmetrically aligned across the building façades.
6. 
Parapet
When a building contains a parapet, the parapet shall have a minimum height of four feet and a maximum height of 10 feet as measured from the top of the glass in the top floor windows.
7. 
Cornice
When a building contains a parapet, the parapet shall include a cornice that protrudes from the building façade at least eight inches but not more than 24 inches and shall have a minimum height of 12 inches. A cornice may protrude into the public right-of-way but not onto neighboring private property that is in a different ownership, unless the neighboring owner grants an easement to allow such a protrusion.
8. 
Paint Colors
In order to reflect the historical colors used during the era in which most buildings in the Commercial Historic District were constructed, paint colors shall be selected from the Benjamin Moore's Historical Color Collection or an alternative source that contains similar colors that are reflective of the historic era, as approved by the Zoning Administrator. Unpainted stone and brick shall not be painted; however, the Planning Board/Zoning Commission may authorize painting of pre-colored grey smooth or split-face block. Information on the Benjamin Moore's Historical Color Collection is available at the City of Red Lodge Community Development Department.
9. 
Prohibited Lights
Flashing or blinking lights and strings of lights are prohibited on the exterior of buildings. The "Snowflakes across Broadway" and the "strings of lights" around light poles in all intersections are exempt as strings of lights.
10. 
Historic Building Removal
Prior to the issuance of a permit or other approval to remove all or a portion of an historic structure, the owner shall meet with the Planning Board/Zoning Commission and the County Historic Preservation Officer to determine if groups or persons interested in historic preservation may convince the owner to preserve the structure or facilitate the purchase of the property by someone who will preserve it.
F. 
Design Review Approval for Compliance with Standards
All development within this Overlay District shall be subjected to design review and approval, pursuant to Section 12.4.9.82, Design Review, in addition to other review and approval procedures of these regulations.
G. 
Guidelines
In addition to the standards established in subsection E, Standards, above, all development within this Overlay District that is not exempted in subsection D, Exemptions, shall be reviewed for consistency with the United States of America Secretary of the Interior's Standards for Preservation, or Standards for Rehabilitation, or Standards for Restoration, or Standards for Reconstruction, whichever is applicable. These Guidelines are intended to guide the design, construction, remodeling and reconstruction of buildings within this Overlay District. The Secretary of the Interior's Standards are available at the office of the City of Red Lodge Community Development Department and the County Historic Preservation Office.
H. 
Record of Decision for Consistency with Guidelines
A Record of Decision shall be required for all development in this Overlay not exempted in subsection D, Exemptions. Applications for a Record of Decision shall be reviewed and issued or denied pursuant to Section 12.4.9.82, Design Review. A Record of Decision demonstrates that the design and plans for construction, remodeling or reconstruction are consistent with the Secretary of the Interior's Guidelines and appropriately maintain the historical character of the subject property.
I. 
Deviations from Underlying Zoning
For the purpose of complying with the Standards or Guidelines of this section, deviations from the development standards of the underlying zoning district may be approved pursuant to the following criteria:
1. 
Achieve Purpose
The deviation is determined to be essential to achieve the purpose and intent of the Commercial Historic Overlay District; and
2. 
Health and Safety
The deviation will not create an unsafe or dangerous condition for occupants of the subject property or neighboring properties; and
3. 
Minimal Impact
The deviation will create no impact or minimal impact on neighboring property; and
4. 
Procedure
The deviation is approved by the Planning Board/Zoning Commission pursuant to the procedure of Section 12.4.9.82, Design Review.
4.3.174 
Hi Bug Historic Overlay Zoning District (HBHOZD)
A. 
Restricted Uses
Medical offices and professional offices are prohibited in the HBHOZD.
4.3.175 
Airport Safety Overlay Zoning District (ASOZD)
A. 
Purpose and Intent
The purpose and intent of this section is to conform to regulations of the Federal Aviation Administration (FAA) that are designed to protect the lives of pilots and passengers of aircraft, nearby residents and the general population. It also is the purpose of this section to conform to FAA regulations to protect the investment in the Red Lodge Airport and prevent damage to neighboring property.
B. 
Applicability
The ASOZD applies to all property within the Approach Zone for utility Visual approach runways as defined in FAA regulations.
C. 
Approach Zone, Height Limitation
Notwithstanding other dimensional limitations and allowances established by these regulations, no manmade building, tower, antenna or other structure and no tree or other vegetation shall penetrate the vertical plane described as the Approach Zone in FAA regulations for utility visual approach runways. The vertical plane in the Approach Zone is defined by the combination of paragraphs 1 and 2, below.
1. 
The interior edges of the Approach Zone coincide with edges of the primary surface and is 250 feet wide, and expands outward uniformly to a width of 1,250 feet at a horizontal distance of 5,000 feet from the ends of the primary surface and its center line is a continuation of the center line of the runway.
2. 
Furthermore, the surface of the Approach Zone slopes upward one foot for each 20 feet outward beginning at the ends, and at the same elevation as the primary surface and extending a horizontal distance of 5,000 feet along the extended runway centerline.
3. 
By way of example, the Approach Zone establishes a maximum height of 10 feet at a distance of 200 feet from the ends of the runway 200 divided by 20 times one.
D. 
Use Limitations
No use is permitted that will interfere with navigational signals or radio communications between the airport and aircraft, or create difficulty for pilots to distinguish between airport lights, or create glare or impair the visibility of pilots, or create an attraction for birds that may increase the likelihood of bird strikes.
E. 
Nonconforming Conditions
In addition to the standards of Article 12.4.7, Nonconformities, the owner of any nonconforming structure or vegetation within the ASOZD shall permit the Airport Board to install, operate and maintain markers or lights the Board deems necessary to indicate the presence of the structure or vegetation to aircraft pilots. Furthermore, no such nonconformity shall be made more nonconforming or in any way become a greater hazard for aircraft.
F. 
Notice to FAA
In addition to other standards and procedures established by these regulations, the Zoning Administrator or City board granting approval of a permit or variance within the ASOZD shall solicit review comments from the FAA or require the applicant to notify the FAA of the pending application.
(Ord. 957, 5-10-2022)

§ 12.4.3.180 Planned Unit Development.

4.3.181 
Purpose and Intent
The purpose and intent of the Planned Unit Development (PUD) is to create a procedure that allows flexibility to design and develop a site in a creative and unified approach rather than a traditional lot-by-lot approach. The flexibility and unified approach are intended to promote high quality open spaces that are created by clustering development, create a diversity of housing types, permit a compatible mix of land uses, and achieve context sensitive design that conforms to topography and minimizes impacts on natural resources. The flexibility of the PUD also is intended to accomplish goals of the Red Lodge Growth Policy.
4.3.182 
Location
A PUD is a development approved pursuant to the standard and procedures of this section and can be located on any site within the City that contains the following characteristics:
A. 
Infrastructure
Water, wastewater, roadway and storm water facilities with sufficient capacity to accommodate the PUD, or these facilities can be reasonably extended to create the required capacity.
B. 
Connectivity
The opportunity for a PUD with extensive connectivity to the existing roadway, sidewalk and trail systems.
C. 
Natural Resources
Natural resources that can be better protected by the flexible design of a PUD than by a traditional lot-by-lot development.
4.3.183 
Allowed Uses
A. 
Residential Underlying Zoning
When the underlying zoning is residential, the PUD may contain all types of residential structures and commercial uses, provided the mix of uses complies with the findings of Section 12.4.3.187, Required Findings. Industrial uses are not allowed in PUD when underlying zoning is residential.
B. 
Non-Residential Underlying Zoning
When the underlying zoning is commercial, industrial or another non-residential classification, the PUD may contain all types of residential structures, commercial and industrial uses, provided the mix of uses complies with the standards of Section 12.4.3.187, Required Findings.
4.3.184 
Dimensional Standards
A. 
Lot Sizes, Frontage, Setbacks
Lot sizes, lot frontage and setbacks established for the underlying zoning district may be varied for the purpose of clustering buildings in a small footprint of development and setting aside open spaces or protecting natural resources.
B. 
Density, Impervious Coverage
The number of residential units and the amount of impervious coverage may exceed the limits established for the underlying zoning in portions of the PUD provided the total property covered by the PUD complies with these two standards in an overall calculation.
C. 
Building Height
Building heights within the PUD may exceed the maximum height of the underlying zoning district for the purpose of clustering development in a small footprint of development and setting aside open spaces or protecting natural resources.
4.3.185 
Site Design Standards
PUD shall comply with the following site design standards:
A. 
Building Sites
The configuration and arrangement of development shall provide each lot and building with a suitable site that minimizes disturbance of sloping hillsides, protects natural resources and is serviceable by adequate infrastructure.
B. 
Access
Safe and adequate vehicular access shall be provided to all lots and building sites to accommodate routine and emergency accessibility.
C. 
Natural Resources
Natural resources shall receive greater protection than is routinely provided by the standards of these regulations or other State and Federal regulations. Examples of compliance with this standard include, but are not limited to:
1. 
Setbacks
Providing greater setbacks from water bodies and wetlands than required by other sections of these regulations or by the State and Federal regulations, or
2. 
Hillsides
Avoiding the disturbance of hillsides that is otherwise permitted by other sections of these regulations, or
3. 
Wildlife
Protecting wildlife habitats and migration corridors.
D. 
Connectivity, Circulation
The roadway system shall maximize connectivity to the adjoining streets and promote efficient circulation within the PUD.
E. 
Pedestrian System
A safe and logical system of sidewalks, trails and pathways shall provide for convenient pedestrian connections throughout the PUD and to adjoining neighborhoods.
F. 
Integration, Compatibility
Site design and the arrangement of land uses shall integrate the PUD with surrounding developments and maximize compatibility with neighboring properties. The PUD design shall blend with the existing development pattern and street network of the City.
G. 
Human Interaction
Site design, arrangement of buildings and open spaces and the circulation system shall provide places for, and promote, interaction among the residents and workers occupying the PUD.
H. 
Growth Policy
A PUD application shall demonstrate in a convincing and persuasive way that the proposed development will implement goals and strategies of the Red Lodge Growth Policy.
4.3.186 
Statements of Standards
Upon approval of a PUD, the owner shall prepare a Statement of Standards for review and approval by the Zoning Administrator that describes the specific uses, development standards, deviations from the underlying zoning standards and conditions of approval. This Statement of Standards shall be approved as to form by the City Attorney, and upon approval by the Zoning Administrator recorded in the land records of Carbon County.
4.3.187 
Required Findings
Approval of a PUD shall require the Planning Board/Planning Commission making the following findings of fact:
A. 
Growth Policy
The PUD implements the goals and strategies of the Red Lodge Growth Policy.
B. 
Consistent with Purpose, Intent
The PUD is fully consistent with the stated purpose and intent of this section and in no way contradicts the purpose and intent of this section.
C. 
Complies with Standards
The PUD fully complies with all applicable standards of this section and these regulations.
D. 
No Adverse Impact
The PUD creates no significant adverse impact to neighboring property and does not negatively impact natural resources.
4.3.188 
Expiration
Approval of a PUD shall expire and become null and void one year after the date of final approval if development has not commenced. Development of the PUD shall proceed with reasonable diligence to completion or proceed consistent with an approved phasing schedule. If development does not proceed with reasonable diligence to completion or in accordance with an approved phasing schedule, the Planning Board/Zoning Commission may initiate a review of the partially completed PUD and determine if a specific schedule of development should be established for completion or if the PUD approval should be deemed expired. To render the decision about a completion schedule or expiration of approval, the Planning Board/Zoning Commission shall consider the following criteria:
A. 
Functionality
Does the partially complete PUD contain functional infrastructure, including, but not limited to, water, wastewater, streets, storm water management and pedestrian facilities?
B. 
Visual Blight
Does the partially complete PUD create visual blight that deteriorates the aesthetic quality of the neighborhood or the City?
C. 
Community Changes
Has the City of Red Lodge enacted changes to the policies, goals, strategies or regulations that would cause the PUD to be denied approval if it were newly submitted for applicable Zoning Conformance Permits?
(Ord. 957, 5-10-2022)