Red Lodge City Zoning Code
ARTICLE 12
4.4 Standards for Specific Uses
§ 12.4.4.10 Conditional Uses.
4.4.11
Purpose and Intent
This section establishes standards and required Findings of Fact for Conditional Uses. The purpose of Conditional Uses is to allow uses that may be suitable in some but not all locations in the zoning district in which they are allowed, or require special consideration because of unusual operational or physical characteristics, or must be designed and developed with conditions to assure compatibility with adjoining uses.
A Conditional Use Permit (CUP) may be granted to allow a Conditional Use only for a use listed as a "Conditional" use in an Allowed Uses table and only after the Planning Board/Zoning Commission has made Findings of Fact that the Conditional Use complies with the following standards. The following standards apply in addition to standards of general applicability.
4.4.12
Findings of Fact
The Planning Board/Zoning Commission shall make Findings of Fact that a Conditional Use complies with the following standards as a prerequisite to granting a CUP.
A.
Consistent with Growth Policy
The Conditional Use is consistent with the policies, goals, objectives and strategies of the Red Lodge Growth Policy.
B.
Compatibility
The Conditional Use is compatible with the character of the immediate vicinity including the bulk, scale, and general appearance of neighboring buildings and uses.
C.
Minimizes Adverse Impact
The design, development, and operation of the Conditional Use minimize and mitigate adverse effects, including visual impact of the proposed use on adjacent lands.
D.
Minimizes Adverse Environmental Impact
The development and operation of the proposed Conditional Use minimizes adverse environmental impacts. Environmental resources to be assessed include, but are not limited to, wetlands, riparian areas, steep slopes, mature vegetation and the floodplain.
E.
Impact on Public Facilities and Services
The Conditional Use does not have a significant adverse impact on public facilities and services, including, but not limited to, transportation systems, potable water and wastewater facilities, storm drainage, solid waste and recycling, parks, trails, sidewalks, schools, police, fire, and EMT facilities.
F.
Hazard, Nuisance
The proposed Conditional Use will not create a hazard to persons or property and will not create a nuisance arising from, but not limited to, traffic, noise, smoke, odors, dust, vibration or illumination.
G.
Other Codes
The Conditional Use complies with all applicable City codes and ordinances.
4.4.13
Run with the Land
An approved CUP shall run with the land and may be transferred to another owner.
4.4.14
Expiration, Discontinuance or Abandonment
An approved CUP shall expire on the one year anniversary date of approval if the permit is not put to use, unless an alternate timeline is established in the development approval. If a Conditional Use is operationally discontinued or abandoned for a period of more than 12 consecutive months, regardless of the removal or non-removal of furniture/equipment or any intention to resume such activity in the future, the Conditional Use may not be reestablished or resumed. Any subsequent use of the site shall conform to this Zoning Ordinance.
(Ord. 957, 5-10-2022)
§ 12.4.4.20 Use Specific Standards.
4.4.21
Purpose and Intent
The purpose and intent of this section is to establish certain standards that apply to specific uses. Some uses listed in the Allowed Uses tables are required to comply with use-specific standards. The Allowed Uses tables contain references to subsections below that establish the use-specific standards.
4.4.22
Specific Uses
A.
Bed and Breakfasts
1.
Definition
A bed and breakfast is a dwelling where a maximum of five guest units for overnight or otherwise short-term temporary lodging is provided and may include meals. The operator of the facility shall live on the property.
2.
Maximum Number of Rooms
A bed and breakfast shall not exceed five rooms that are rented to guests in addition to the rooms dedicated to the owner/manager. More than five rented rooms in a structure is considered a motel.
3.
Meals
A bed and breakfast includes breakfast in the lodging rate. No other meals are served to guests and no meals are served to the general public.
4.
Duration of Stays
Bed and breakfasts provide short-term lodging and guests shall not stay more than 14 days in a 30 day period.
5.
Residential, Historic Character
Bed and breakfast facilities shall be compatible to the bulk, scale and appearance of the neighborhood in which it is located. When a bed and breakfast is located in an historic structure, the historically significant architectural elements of the structure shall be maintained.
6.
Parking
One space per two rooms rented to guests shall be provided on site.
7.
Signage
Notwithstanding the standards of Article 12.4.6, Outdoor Advertising, a bed and breakfast shall be allowed one sign, not to exceed six square feet in sign area. This sign may be freestanding provided it is set back a minimum of 10 feet from the property line. A bed and breakfast located within a Commercial Zone falls entirely under Article 12.4.6, Outdoor Advertising, for sign requirements.
B.
Day Care or Group Care Centers
1.
Definitions
a.
Day Care Facility
A commercial facility that provides care for more than two children or adults on less than a 24 hour basis for someone other than a family member or a person who lives with the children or adult. Adult day care is the provision of services and assistance to help adults with daily living.
b.
Day Care Group, Day Care Center
An out-of-home place in which care is provided to 13 or more children or adults, or provides adult day care in conjunction with a long-term care facility or health care facility.
c.
Day Care Family, Day Care Home-Large
A private residence or other structure in which day care services are provided to seven to 12 children or adults.
2.
License, Registration Certificates
Day care centers shall be licensed, and day care home facilities shall be issued a registration certificate, by the Montana Department of Family Services.
3.
Compatible Appearance
Day care centers in residential zoning districts shall maintain a residential appearance as viewed from the street.
4.
Centers for Children
a.
Outdoor Play Area
Day care centers for children shall provide at least 75 square feet of outdoor play area per child.
b.
Fence
Notwithstanding other standards of this Zoning Ordinance that regulate fences, day care centers for children may be required to provide a six foot high solid fence, or a minimum 20 foot wide landscape buffer to separate outdoor play areas from adjoining residential dwellings.
5.
Signs
Notwithstanding Article 12.4.6, Outdoor Advertising, a day care center shall be permitted one sign not to exceed 12 square feet in sign area when in a residentially zoned district.
C.
Home Occupations
1.
Purpose and Intent
The purpose and intent of these standards are to provide for limited commercial uses on the site of a residential dwelling unit. Home occupations provide for businesses that are carried out by residents of the dwelling and are incidental and subordinate to the residential use. Home occupations provide a place for businesses to start but do not permit their continued existence once the business has grown beyond the size that can maintain the residential character and scale of the residential property. It also is the purpose of these standards to provide peace, quiet and tranquility in residential neighborhoods and to guarantee all residents freedom from excessive noise, traffic, nuisance, fire hazard and other deleterious effects of commercial uses.
2.
Standards
Home occupations on single-family sites shall comply with the following standard:
a.
One Per Residence
Not more than one home occupation can be located on a single-family lot or property as an Accessory Use.
b.
Residents
A home occupation shall employ at least one resident of the home with which the home occupation is associated and may include one non-resident employee.
c.
Character
Home occupations shall not diminish the residential character of the property.
d.
Inside Structure
Except for agricultural activities, home occupations shall be carried out within the dwelling unit or accessory structure.
e.
Maximum Area
Home occupations shall not occupy more than 33% of the total floor area of the dwelling unit, including accessory buildings.
f.
Equipment
Mechanical equipment used in connection with the home occupations shall be limited to equipment normally found in a dwelling unit, including accessory buildings.
g.
Outside Storage
Outside storage of equipment, materials, merchandise, inventory or heavy equipment that is associated with the home occupation shall be prohibited.
h.
Parking
Off-street parking shall be provided pursuant to Section 12.4.5.40, Parking and Loading Standards.
i.
Signs
Notwithstanding Article 12.4.6, Outdoor Advertising, each home occupation shall be limited to one wall sign containing the name, title and occupation of the home occupation not exceeding six square feet in sign area. Window areas shall not be used to display or advertise merchandise to the exterior of the dwelling unit or accessory building and no freestanding business sign is permitted. Home occupations in commercial districts are permitted 12 square feet of sign area.
j.
Trucks Prohibited
No trucks, vehicles or equipment with a manufacturer's rated capacity of over two tons shall be parked overnight on the street or on the premise unless totally enclosed in a building.
k.
Deliveries
Delivery trucks shall not operate from the residential property. This standard does not prohibit infrequent deliveries in a truck or vehicle to/from the occupants of the dwelling unit.
l.
Nuisance Prohibited
Home occupations shall not create a fire hazard or constitute a nuisance or detrimental condition for neighboring property from excessive traffic, noise, odor, vibrations, electrical disturbance or other impact.
m.
Hazardous Material Prohibited
The storage of flammable liquids in excess of 10 gallons or hazardous materials related to the home occupation is prohibited in the dwelling unit, accessory building or parked vehicles.
3.
Single-Family Standards
The residence containing the home occupation shall comply with all applicable standards for single-family dwellings in the zoning district in which it is located.
D.
Manufactured Home Communities
1.
Purpose and Intent
Manufactured home communities, including tiny homes, are included in the state classification of land subdivisions by rent or lease. Therefore, applicants for such developments shall apply for and be reviewed under both site plan and subdivision. When both review processes are required they will be reviewed concurrently when appropriate. All standards of this chapter are applicable unless explicitly waived.
2.
Standards
a.
State Requirements
All manufactured home communities developed under this section shall comply with State Department of Public Health and Human Services, Department of Environmental Quality and any other applicable State regulations. Prior to final approval for a manufactured home community, copies of approval letters from relevant State agencies shall be submitted or compliance with all applicable regulations shall be certified by a professional civil engineer licensed by the State.
b.
Lot Improvements
The location of boundaries of each manufactured home lot for rent or lease shall be clearly and permanently marked on the ground with flush stakes, markers or other suitable means. The location marked must be closely approximate to those depicted on the approved plans.
i.
Utility Hookup
Every manufactured home shall be permanently connected to electric power, water supply, sewage disposal, gas and telephone service lines in compliance with applicable City codes, and all utility distribution and service lines shall be installed underground.
ii.
Permanent Foundations and Anchoring
All manufactured homes shall be required to be tied or otherwise physically anchored to an approved permanent concrete foundation. Building permits for foundations and anchoring, issued through the City Building Department in accordance with the adopted International Building Code, are required. The method of anchoring and foundations shall be specified as part of the required preliminary development review. Manufactured home communities for lease may be allowed to use temporary blocks with an approved foundation and support.
iii.
Maintenance
(A)
There shall be no exposed outdoor storage of furniture (except lawn furniture), household goods, tools, equipment, or building materials or supplies.
(B)
No manufactured home may be parked on a public or private street for more than 24 hours.
(C)
An abandoned, burned or wrecked manufactured home must be secured against entry as directed by the fire marshal and may not be kept on a lot for more than 45 days.
(D)
Each manufactured home must bear an insignia that attests that the construction of the manufactured home meets regulation A119.1 of the American National Standards Institute (adopted by the U.S. Department of Housing and Urban Development), or be certified as meeting the Mobile Home Construction and Safety Standards of the U.S. Department of Housing and Urban Development.
(E)
Within 21 days of placement, standard manufactured home skirting of fire-resistive material similar in character to that of the manufactured home must be provided around the entire perimeter of the manufactured home between the bottom of the body of the manufactured home and the ground, except where the running gear has been removed and the manufactured home itself is attached directly to the permanent foundation.
(F)
All required front yards of lots for manufactured homes shall be landscaped.
(G)
All private, commonly owned recreation areas not devoted to buildings, structures, surfaced courts, sand boxes, etc., shall be landscaped and irrigated, as needed.
iv.
Manufactured Home Lots for Rent or Lease
All units shall be arranged to permit the practical placement and removal of manufactured homes. Every lot for rent or lease must have direct access on a public or private street.
c.
Permits and Inspections
i.
Owner's and Agent's Responsibility
It shall be the responsibility of the individual property owners or, in the case of a rental community, the managers of the rental community, to see that all sections of this article are complied with, including requirements relative to placement of manufactured homes, and all required permits.
ii.
Move-in Permit Required
All manufactured homes moved into the city must be issued a move-in permit, pursuant to this section, and be inspected by the City Building Official, prior to gas and electric service being turned on by the servicing utility. A copy of the original sales contract shall be available for permit informational purposes.
iii.
City Inspection Required
(A)
The required inspections for manufactured homes shall include: on-site utilities requirements including gas, electric, sewer and water; setback requirements; and off-street parking requirements.
(B)
It is unlawful for any person, firm, corporation or agency to turn on, or allow to be turned on, any gas or electric service without an inspection and clearance from the City Building Official.
iv.
Post Factory Home Improvements to Manufactured Homes Subject to the International Building Code
Permits must be obtained for additions, alterations, awnings, carports, storage areas and detached refrigeration units that were not included in the original sale. Any required fees which are set by the International Building Code and International Mechanical Code.
d.
The Preliminary and Final Plans Shall Accurately Depict:
i.
All proposed and required landscaping;
ii.
Storage Areas
Recreational vehicles storage and other chattels of the residents;
iii.
A Layout of Typical Lots
All lots for rent or lease, showing the location and dimensions of the lot, manufactured home stand, driveway and parking spaces;
iv.
Mail delivery area(s)—as determined by United States Postal Service;
v.
Foundation and anchoring details.
e.
Permanent Enclosure for Temporary Storage of Garbage.
A permanent enclosure for temporary storage of garbage, refuse and other waste material shall be provided for every manufactured home space. If trash dumpsters are to be used, they shall be centrally and conveniently located, shall not be located in any front yard, and shall otherwise comply with the requirements of this chapter.
f.
Landscaping Buffer
Landscaping may be required by the review authority (Planning Board) to provide a buffer between manufactured home communities and adjacent uses, and to enhance the appearance of the development. The landscaping may be interspersed with a fence or wall. Specific perimeter landscape/buffering treatments shall be determined on a case-by-case basis, with the City considering appropriate factors such as the nature of adjacent uses, noise and proximity to busy streets.
E.
Manufactured Homes on a Single Lot
Manufactured homes on a single lot shall comply with MCA 76-2-302(4). A manufactured home means a single-family dwelling, built off site in a factory on or after January 1, 1990, that is placed on a permanent foundation, is at least 1,000 square feet in size, has a pitched roof and siding and roofing materials that are customarily, as defined by local regulations, used on site-built homes, and is in compliance with the applicable prevailing standards of the United States Department of Housing and Urban Development at the time of its production. A manufactured home does not include a mobile home or house trailer, as defined in MCA 15-1-101.
F.
Accessory Dwelling Unit (ADU)/Guest Houses
1.
Relationship to Principal Dwelling
a.
Attached, Separate
The ADU/Guest House may be attached to the principal dwelling with an independent access or in a separate building on the same lot as the principal building.
b.
Dimensional Standards
The ADU/Guest House shall comply with all dimensional standards that are applicable to the principal building.
c.
Not Sold Separately
An ADU/Guest House cannot be sold separately from the principal dwelling.
d.
Permanent Structure
The ADU/Guest House shall be on a permanent foundation. A mobile home, travel trailer, RV or similar temporary or transportable vehicle or structure shall not be approved as an ADU/Guest House.
2.
Size
An ADU/Guest House shall not exceed 1,200 square feet in gross floor area.
3.
One per Lot
Not more than one ADU/Guest House can be located on a single lot, tract or parcel.
4.
No Home Occupation
An ADU/ Guest House shall not contain a home occupation.
5.
Parking
A minimum of one off-street parking space shall be provided for the ADU/Guest House.
G.
Temporary Uses, Building
1.
Definition
Temporary Uses are allowed for a certain length of time that is determined by the Zoning Administrator and prescribed in the permit authorizing such use. The allowed duration of the use and any related structure should reflect the purpose of the Temporary Use. Temporary Uses include, but are not limited to, Christmas tree sales, on-site construction office or construction equipment shed, community event, food and merchandise vendors, temporary real estate office, farm stand or a similar short-term activity.
2.
Temporary Use Permit
The Zoning Administrator may approve a Temporary Use Application for a site or building provided the use complies with all applicable standards of this Zoning Ordinance.
3.
Duration
An approval for a Temporary Use shall expire in six months unless granted a one time six month extension by the Zoning Administrator. After one year, a Temporary Use may be renewed and valid for not more than one year. An annual renewal is subject to denial by the Zoning Administrator for good cause.
H.
Sexually Oriented Business
Sexually oriented business shall comply with the following standards.
1.
Definition
See Section 12.4.11.40, Sexually Oriented Business.
2.
Separation from Other Uses
A building containing a sexually oriented business shall be set back a minimum of 300 feet from the boundary of a lot or a parcel that contains a church, public or private school, public park or a medical marijuana dispensary.
3.
Separation from Another Sexually Oriented Business
A sexually oriented business shall not be located, or an existing business expanded, within 500 feet from another sexually oriented business.
4.
One Per Building
No more than one sexually oriented business can be located in the same structure or building.
5.
Measurement
For the purpose of determining compliance with subsection (H)(2), Separation from Other Uses, above, measurement shall be made in a straight line measured from the lot line of the sexually oriented business to the lot line containing a church, school, public park, marijuana dispensary or another sexually oriented business.
6.
Signs
In addition to the standards of Article 12.4.6, Outdoor Advertising, signs visible from the exterior of the structure may state there is adult material inside but no pictures or other advertising may be displayed that indicates a nude person is available for viewing.
7.
No Alcohol
Alcohol sales, consumption and gambling are prohibited within a building containing or in conjunction with a sexually oriented business.
I.
Marijuana Businesses
1.
Purpose and Intent
The new marijuana statutes under the ballot initiative and House Bill 701 regulate the sale and use of marijuana and establish taxation and licensing programs to be administered by the State. Local land use regulations focus on determining appropriate locations within the City of Red Lodge for the operation of dispensaries, cultivation, and manufacturing by providing for those facilities within certain zones and pursuant to zoning criteria.
2.
Business Categories
a.
The following marijuana business categories per MCA 16-12-301 include,
i.
Cultivator;
ii.
Manufacturer;
iii.
Medical marijuana dispensary;
iv.
Adult-use dispensary;
v.
Combined-use marijuana licensee;
vi.
Testing laboratory; and
vii.
Marijuana transporter facility.
b.
A moratorium via a separate ordinance on marijuana business categories for cultivator, manufacturer, testing laboratory, and combined-use licensee will be placed until further review by the Planning Board and Zoning Commission.
c.
Medical marijuana and adult-use dispensaries are permitted uses under these Zoning Regulations. Dispensary licenses are allowed as a Principal Use in the Central (C-4) Business District, See Table 4.3.142; and as Conditional Uses in the Commercial Entrance North (C-3-N), See Table 4.3.122, and South (C-3-S) Districts, See Table 4.3.132.
3.
Definition
a.
Adult-use dispensary" means a licensed premises from which a person licensed by the department may:
i.
Obtain marijuana or marijuana products from a licensed cultivator, manufacturer, dispensary, or other licensee approved under this chapter; and
ii.
Sell marijuana or marijuana products to registered cardholders, adults that are 21 years of age or older, or both.
b.
"Medical marijuana dispensary" means the location from which a registered cardholder may obtain marijuana or marijuana products.
4.
Limited Licenses
The number of marijuana business licenses allowed within Red Lodge City limits shall be capped to two. The City shall determine the method of allocating licenses.
5.
Separation from Other Uses
A dispensary shall comply with all licensing restrictions set by the Department of Revenue and MCA 16-12-207.
In addition to any licensing restrictions set by the Department of Revenue, a dispensary shall be set back a minimum of 100 feet in any direction from the boundary of a lot or parcel that contains a school, including day care facilities and preschools (see Article 12.4.11, Definitions).
6.
Measurement
For the purpose of determining compliance with subsection (H)(5), Separation from Other Uses, above, measurement shall be made in a straight line without regard to intervening structures or objects from the nearest portion of the building or structure containing the marijuana dispensary to the nearest property line of the lot or parcel that is a church, synagogue, or other place of worship or as a school or postsecondary school.
7.
Signs
Marijuana businesses shall comply with the regulations set by MCA 16-12-211, as well all other State laws and regulations. In addition to the standards above, marijuana businesses shall follow the standards in Article 12.4.6, Outdoor Advertising.
8.
Compliance with State Codes
The operation of a marijuana dispensary shall comply with all applicable provisions of the Montana Marijuana Regulation and Taxation Act and all other applicable State laws and regulations.
J.
Propane Bulk Storage
Compliance with the International Fire Code as adopted by the City of Red Lodge and all subsequent referenced codes shall be required, such as the National Fire Protection Association standards titled 58 Liquefied Petroleum Gas Code. All proposed installations shall be reviewed by the Fire Department prior to and post Conditional Use public hearings.
K.
Fowl—Educational
Use of fowl shall be limited to only female chickens (Gallus gallus domesticus). Slaughtering of fowl is not permitted within City limits. Fowl shall be permitted only as set forth in Section 4-1-22 and Chapter 5-5A.
L.
Hoofed Animals—Domestic
1.
Purpose and Intent
To provide for the keeping of domestic hoofed animals while minimizing off-site impacts to neighbors and protecting the environment. To ensure adequate measures which minimize adverse odor, negative impacts to vegetation and water sources, as well as wildlife and riparian areas.
2.
Definition
Hoofed Animals—Domestic. Include only horses and mules (whether boarded or owned by property owner). Animals less than six months of age shall not count toward the allowable number of animals.
3.
Setbacks
Setbacks for all elements of the conditional use, including, but not limited to, barns, loafing sheds, corrals, arenas, paddocks, run pens, round pens, other similar structures, and fenced areas shall be as follows:
SETBACKS: | ||
|---|---|---|
Avenues and Streets | Side Lot Line | Rear Lot Line |
50' | 100' | 100' |
but no closer than front wall of the principal structure when a principal structure exists | 40' | 75' |
when contiguous with an Avenue or Street | when contiguous with an Alley, Row, or other type of Street not listed | |
4.
Animal Density Restrictions/Minimum Parcel Size
a.
The maximum density shall be one domestic hoofed animal per acre.
b.
The minimum parcel size shall be based upon the fencing standards set forth above and as otherwise may be established via the CUP process.
5.
Vegetation Standards
The following vegetation requirements shall apply to all lands on which domestic hoofed animals are permitted by a CUP.
Areas designated as pasture or grazing area, will be managed according to best grazing management practices as outlined in USDA-Natural Resources Conservation Service Montana Conservation Practice Prescribed Grazing Standard (Code 528), as amended. The purpose is to maintain vegetative ground cover and land health that will improve or maintain desired plant species, improve or maintain quality and quantity of forage for grazing animals' health, improve or maintain surface and/or subsurface water quality, and reduce soil erosion and run-off. Vegetative groundcover includes live native or introduced grasses and forbs, but does not include weeds or bare dirt. In areas where exposed shelf-rock or cap-rock is the natural terrain, this will be considered to be acceptable vegetative groundcover.
6.
Fencing Standards
Animal containment fencing may be of wooden pole/rail or individual wire strand construction; and with metal or wooden posts. All wooden pole/rail fencing shall be of a minimum four pole/rail style. All wire strand fencing shall be of a five wire style (smooth or barbed); and shall be so constructed as to ensure adequate containment of the animal(s).
In the event electrically energized fencing is proposed, the Planning Board may permit it to be included in the CUP on a case by case basis based upon the compatibility with adjacent uses. All such electrically energized fencing shall be clearly marked along all its sides to alert passersby of the electrically energized fencing.
7.
Animal Waste and Odor Standards
The following regulations shall apply to all lands on which domestic hoofed animals are permitted by a Conditional Use Permit.
Manure piles shall not be permitted within the required setback areas and shall be removed on a regular basis; and in no event shall be permitted to remain on-site more than 14 days. Manure shall not be buried.
Manure piles shall be set back a minimum distance of 100 feet from any well, spring, stream, or waterbody. Manure shall not be allowed to create excessive odor problems, present a health hazard to surrounding lands, or result in excessive fly problems.
Adequate drainage facilities or improvements shall be provided by the landowner and constructed to protect all adjacent lands from runoff containing contaminants such as sediment or organic wastes.
8.
Hoofed Animals Additional Requirements
In addition to general submission requirements in Section 12.4.4.10, Conditional Uses, herein, the applicant shall submit one copy of a Management Plan and of a Site Plan, in both hardcopy and electronic format (PDF or Word preferred; however, Staff reserves the right to accept other formats).
a.
Management Plan
The Management Plan shall, at a minimum, include and adequately address the following:
i.
Number of horses to be kept on the proposed site; and
ii.
The duration of the terms of hours per day, days per week, and weeks per year that horses will be kept on the proposed site; and
iii.
Number of acres owned or leased by the applicant included in the application; and
iv.
Zoning of the land; and
v.
The use and zoning of the abutting lands; and
vi.
Amount of land to be used for CUP related elements; and
vii.
Method and frequency of manure disposal; and
viii.
Fly control program; and
ix.
Fencing (types, sizes, and locations); and
x.
Proof of water availability—a minimum water supply of 20 gallons per animal per day shall be required (specific only to parcels not served by City water service); and
xi.
An explanation of whether or not any grazing is proposed, and to what extent in terms of areas and hours per day, days per week, and weeks per year that grazing is proposed (see Site Plan requirements below).
Additionally, if required by the Planning Board, the Management Plan shall include a provision for semi-annual site inspections. Staff will conduct the site inspections to ensure continued compliance with the approved Management Plan. |
b.
Site Plan
The Site Plan shall show and note that the entire parcel, exclusive of all Principal Uses and permitted CUP elements (including but not necessarily limited to, barns, loafing sheds, corrals, arenas, paddocks, run pens, round pens, other similar structures, and fenced areas) shall be maintained at all times with healthy, live vegetative groundcover.
The Site plan shall be drawn to a scale of one inch = 20 feet, or as otherwise approved by staff to assure adequate legibility and clarity, and which depicts, at a minimum:
i.
A north arrow and graphic bar scale; and
ii.
Location and dimensions of all property lines, existing and proposed structures; and
iii.
Location and dimensions of all existing and proposed corrals, outdoor arenas, run pens, round pens, manure storage areas, parking areas, fencing, and trailer parking areas, etc.; and
iv.
Access to the site – delineate public and private roads, dimensions, and note surface material; and
v.
Distances to the nearest residences or other structures on the adjacent lots; or photos of adjacent uses; and
vi.
All drainage ways affecting the site and designation of any 100 year floodplain on or adjacent to the site; and
vii.
Vegetation on the site described by general type (grasses, shrubs, trees); and
viii.
Areas that any grazing is proposed (grazing is specifically prohibited within the required setback areas); and
ix.
All existing and proposed lighting (all CUP lighting shall be of the full cut-off type to prevent off-site glare and trespass); and
x.
Any other elements requested by staff to improve the clarity and understanding of the plan.
c.
Permit Duration
i.
The Conditional Use Permit may be limited in duration.
ii.
The Conditional Use Permit may be revoked by the City Council, after written notice:
(A)
Of failure to operate the CUP in accordance with the approved Conditional Use Permit;
(B)
Of a chargeable offense regarding the mistreatment of animals as determined by the City and/or Carbon County law enforcement authorities;
(C)
Of any form of cruelty to animals as set forth in the State law at MCA 45-8-211, as amended.
M.
Short-Term Rentals
The purpose of this article is to provide for the regulation of short-term rentals within the City in order to preserve neighborhood character while encouraging economic activity and diversity, and to ensure the public health, safety, and welfare of the occupants.
1.
Applicability
The provisions of this article apply only to short-term rentals as defined herein. This article does not apply to any rental of a dwelling unit which is governed and defined by The Montana Residential Landlord and Tenant Act of 1977.
A lower-priced or moderate-priced dwelling that received financial support from the City, including, but not limited to, down payment assistance, or other financial subsidy, may not be used as a shortterm rental until such time as the lien instrument against the property in favor of the City securing the amount of such subsidy has been released and the release recorded with the Carbon County Clerk and Recorder's Office.
2.
Definitions
a.
Short-Term Rental
A home that is rented by or on behalf of the owner to the general public for compensation for transient occupancy of 30 days or less.
b.
Owner-Occupied Short-Term Rental
A short-term rental of one or more bedrooms in an owner-occupied or agent-occupied dwelling while the owner/agent is occupying the same dwelling unit for the entire rental period.
c.
Hosting Platform
A person or entity that provides a means through which an owner may advertise and offer for rent a short-term rental to the general public.
d.
Local Property Manager/Owner
A person who must be available to take and respond, within 30 minutes, to reports of concerns and complaints 24 hours a day, seven days a week during the rental period. The local property manager may be an owner or authorized agent of the property.
3.
Compliance with Laws
In addition to the provisions of this article, the short-term rental owner must comply with all other applicable local, State and Federal laws, including, but not limited to, City business license, resort tax, lodging facility use tax and accommodations sales tax regulations; permitting requirements; fair housing laws; approved codes; building code and health department regulations. Loss of any required permit or license will result in revocation of the short-term rental license.
Compliance with all applicable laws and regulations is the sole responsibility of the owner. City approval of an application for short-term rental license in no way waives or transfers to the City such responsibility. In addition, the owner is solely responsible for verifying that the use of a property as a short-term rental is compatible with insurance and mortgage contracts, homeowners' association covenants, rental agreements and any other contracts which govern the use of the property.
4.
Safety, Health, Nuisance, and Environmental Regulations
Owners of short-term rental property shall comply with applicable rules and regulations of the Red Lodge Fire Department and Carbon County Health Department.
a.
Safety Hazards and Public Health
The owner or their representative acknowledges that the City has the right to suspend operation of any short-term rental when the City determines the rental is causing or contributing to an imminent public health, safety hazard, or nuisance, as defined in Section 4-1-1.
b.
Maximum Occupancy for Short-Term Rentals
The maximum occupancy of a short-term rental will be determined by the Fire Chief, or designee. The maximum occupancy will be noted on the short-term rental registration and must be included in the list of short-term rental rules.
c.
Signage
The list of rules must be prominently displayed within the short-term rental.
i.
Safety
During a rental period, there must be a sign posted inside the short-term rental showing the locations of all fire extinguishers in the unit, the gas shut-off valve, and fire exits.
ii.
Trash Removal
The local property manager/owner must ensure proper disposal of solid waste pursuant to local and state rules, regulations and laws. The schedule for trash and recycling collection must be included within the short-term rental rules.
iii.
Noise
All activities producing noise discernible from a neighboring property (as defined in municipal code) shall cease by 10:00 p.m. This requirement must be included in the short-term rental rules.
d.
Change in Ownership
A short-term rental license does not run with the land.
e.
Expiration
Licenses are valid for one year from date of issue.
f.
Renewal
The registrant may apply to renew the license annually.
g.
Short-Term Rental Agreement; Written Rules for Guests
The guest must be provided with a written list of rules applicable to the short-term rental with the rental agreement, and the rental agreement must include a written acknowledgement by the renters of their agreement to comply with such rules.
h.
Property Management
The short-term rental property shall be managed by a local property manager/owner, which is a person who must be available to take and respond, within 30 minutes, to reports of concerns and complaints 24 hours per day, seven days per week during the rental period. The local property manager may be an owner or authorized agent of the property.
i.
Parking
Local property manager/owner needs to be cognizant of on-street parking issues and not infringe on parking of neighbors.
(Ord. 957, 5-10-2022)
§ 12.4.4.30 Outside Storage.
A.
Standards
Commercial and industrial uses permitted to have outside storage of merchandise, material or equipment shall provide screening from neighboring properties and streets. Notwithstanding other standards of this Zoning Ordinance regulating fences and walls, stored material shall be fully screened to preclude viewing of said stored materials from adjacent streets or properties. Screening methods may consist of any combination of earthen berms, fences, and walls, along with vegetation to both enhance the screening efforts and to visually break up the wall and/or fence. Berms shall be designed and constructed in such a manner as to ensure stability and successful vegetation growth. Walls and fences shall be designed and built in conformance with the Building Code as adopted by the City. When a permit for fences and walls is required by the Building Codes adopted by the City, said permit will be available from City Building Inspector in the Building Division office.
B.
Exemptions
This requirement shall not apply to the storage of plant material associated with nurseries, the display for sale or rent of new and used automobiles in operational condition, recreational vehicles, boats, mobile homes, or the use and sale of farm and construction equipment.
4.4.31 | Storage Units and Containers | ||
A. | Non-Residential Districts, Sites | ||
Secure storage units, cargo, freight or overseas containers are permitted as accessory structures on non-residential sites in non-residential zoning districts in accordance with the following standards. | |||
1. | These units shall be located to the rear of the building they serve and screened from view from the street. | ||
2. | The maximum size of these units is eight feet by 40 feet. | ||
3. | The number of these units shall be limited to one per acre or fraction thereof. | ||
B. | Residential Districts, Sites | ||
Secure storage units or containers are prohibited in all residential zoning districts and on residential sites in non-residential zoning districts except as temporary storage units during active construction jobs. | |||
(Ord. 957, 5-10-2022)
§ 12.4.4.40 Wireless Communication Facilities.
A.
Purpose and Intent
The purpose and intent of this section is to provide for commercial wireless communication facilities in a safe, efficient and orderly manner, to encourage the co-location of facilities to reduce the number of new communication towers and to minimize the adverse visual effects of such towers.
B.
Definitions
For the purpose of this section, certain words and terms are defined below:
1.
"Antenna" means the arrangement of wires, poles, rods or similar devices used in the commercial transmitting and/or receiving of electromagnetic waves, digital signals and other communication signals.
2.
"Communication tower" means an antenna support structure designed and constructed for the primary purpose of supporting one or more antennas, including a mast, pole, monopole, guyed or lattice tower, freestanding tower or any similar structure.
3.
"Camouflage" means the integration of an antenna or communication tower with an existing building, structure, or natural surroundings to disguise it from the true purpose of the facility.
4.
"Conceal" means to place an antenna or tower out of sight by enclosing it in a structure.
5.
"Co-locate" means placing more than one antenna or wireless communication provider on a single communication tower or antenna support structure.
6.
"Wireless communication facility" means a tower/antenna support structure and antenna(s) that transmits and/or receives electromagnetic signals for commercial wireless communications.
C.
Exemptions
Amateur radio antennas or similar non-commercial wireless facilities shall be exempt from this section.
D.
Approvals
1.
Antennas
Antennas that are co-located on existing buildings or communication towers, or are concealed or camouflaged, shall be approved by the Zoning Administrator pursuant to the terms of this Zoning Ordinance.
2.
Communication Towers
Wireless communication towers may be approved with a Conditional Use Permit pursuant to Section 12.4.4.10, Conditional Uses, and further provided they comply with standards of this section.
E.
Standards for Communication Towers
1.
Location
Wireless communication facilities shall be located in the R-1 Low Density Rural Residential Zoning District.
2.
No Attempt to Exclude
No wireless communication facility owner or lessee shall act to exclude or attempt to exclude any other wireless telecommunication provider from using the same building, structure or location. Wireless communication facility owners and lessees shall cooperate in good faith with other wireless providers to achieve co-location of antennas and wireless communication facilities.
3.
Excess Capacity
All new communication towers shall be constructed with excess capacity for co-location of future antennas or wireless facilities. Owners of communication towers shall work in good faith to reach mutually agreeable terms to allow co-location of antennas and wireless communication facilities.
4.
Tower Height
A roof- or wall-mounted antenna shall not extend more than four feet above the height of the roof or wall on which the antenna(s) is located. Freestanding towers or antenna(s) shall not exceed 75 feet in height.
5.
Setbacks
Ground mounted facilities and buildings related to a communications tower shall comply with the setbacks of the zoning district in which they are located. A communication tower shall be set back from all property lines at least one foot for every foot of height of the tower but in no case less than the setback of the zoning district in which it is located.
6.
Equipment Location, Visual Mitigation
a.
Roof-Mounted
Roof-mounted wireless communications equipment shall be located as far from the edge of the roof as possible or screened by parapet walls.
b.
Wall-Mounted
Wall-mounted wireless communication equipment shall be mounted as flush to the wall as possible and shall not project above the wall on which it is mounted.
c.
Screening
Ground-mounted wireless communication equipment shall be screened by walls in a manner compatible with the building design, color and material, or by landscaping or a solid fence.
d.
Color
Wireless communication equipment shall match as closely as practical the color, materials and texture of the wall, building or surrounding built environment.
7.
Signals, Lights Prohibited
Signals, lights, illumination and signs are prohibited on a communication tower or facility unless required by the FAA or other applicable regulatory authority.
8.
No Hazard, No Interference
Communications towers shall be operated to avoid any health hazard to the general public and any interference with the operation of public safety/communication facilities and home appliances.
9.
FAA Certification, FCC Standards
Certification shall be obtained from the Federal Aviation Administration that the communications tower poses no hazard to the operation of aircraft. Wireless communication facilities shall comply with the technical emissions standards of the Federal Communications Commission.
F.
Removal of Abandoned Wireless Communication Facilities
If due to changes in technology or other reasons, a wireless communication facility, communication tower, antenna support structure or related equipment is not operated for a period of 12 continuous months it shall be considered abandoned. The owner of such facility shall remove the facility, including antennas, attachments, related appurtenances and equipment building, within 90 days of receipt of notice from the Zoning Administrator notifying the owner of such abandonment. If the abandoned wireless communication facility is not removed within the 90 day period, the City of Red Lodge shall have the authority to remove the facility and bill the owner for all costs associated with the removal.
(Ord. 957, 5-10-2022)
§ 12.4.4.50 Short-Term Rentals Regulations.
A.
Introduction and Purpose. The purpose of this section is to establish a procedure for reviewing and approving short-term rental business registrations and ensure adherence to rules and regulations set forth.
B.
Definitions:
Short-Term Rental.
Any individually or collectively owned residential dwelling unit or any unit or group of units in a condominium, cooperative, timeshare, or owner-occupied residential home that is offered for 30 days or less for compensation.
Short-Term Rental Types.
Short-term rental registrations shall be designated by type which are defined as follows:
1.
General Short-Term Rental:
a.
Any residential dwelling that is rented by or on behalf of the owner to the general public for transient occupancy of 30 days or less for compensation;
b.
The property may be owned individually, collectively, or by a corporate entity or LLC;
c.
Property is available for rental and/or owner use at any time throughout the year without restriction;
d.
General short-term rental registrations will be assigned to the tax assessed property, determined by property tax assessment code, and the corresponding owner(s) of that property;
2.
Professionally Managed Short-Term Rental:
a.
Any residential dwelling that is rented on behalf of the owner to the general public for transient occupancy of 30 days or less for compensation by a professionally licensed property manager, a person or company designated and registered within the City of Red Lodge and licensed through the State of Montana to provide property management of one or more properties, as regulated by Section 37-51-6, Licensure of Property Managers of Montana Code Annotated. Management includes, but is not limited to, maintenance, coordination, remittance of lodging taxes on behalf of their clients as well as act as the responsible person/local emergency contact/owner representative. Property managers are required to maintain all necessary licensing, insurance and records as required by law;
b.
Property manager may be the licensed owner, designated licensed property manager, or property management company;
c.
Property manager/property management company will be designated as the primary contact for occupants, City staff, and/or emergency services;
d.
Professionally managed short-term rental registrations will be assigned to the tax assessed property, determined by property tax assessment code, the designated property manager/property management company, and the corresponding owner(s) of that property;
e.
If your property manager/property management changes, you have 30 days to submit the changes to City.
3.
Owner Occupied Short-Term Rental:
a.
Any residential dwelling that is rented by or on behalf of the owner to the general public for transient occupancy of 30 days or less for compensation and is designated as the owner's principle residence as defined in MCA;
b.
At the owner's discretion the home may be professionally managed;
c.
Owner must reside at the premises during duration of rental;
d.
Owner Occupied Short Term Rental registrations will be assigned to the tax assessed property, determined by property tax assessment code, and the corresponding owner(s) of that property;
4.
Onsite Managed Short-Term Rental:
a.
Any residential dwelling that is rented by or on behalf of the owner to the general public for transient occupancy of 30 days or less for compensation and has an onsite manager on premises at all times during the entire duration of public occupancy;
b.
Onsite manager may be the owner of the residence or a designated onsite management company/manager;
c.
Onsite management will be designated as the primary contact for occupants, City staff, and/or emergency services;
d.
Onsite management short-term rental registrations will be assigned to the tax assessed property, determined by property tax assessment code, the designated onsite manager, and the corresponding owner(s) of that property.
5.
Temporary Short-Term Rental:
a.
Any residential dwelling that is rented by or on behalf of the owner to the general public for transient occupancy of 30 days or less for compensation and is designated as the owner's principle residence as defined in MCA;
b.
The property will be only listed as available during the dates designated by the owner to the City in their application, no more than 60 days throughout the year. Dates are not required to be sequential;
c.
At the owner's discretion they may have their home professionally managed;
d.
Temporary short-term rental registrations will be assigned to the tax assessed property, determined by property tax assessment code, and the corresponding owner(s) of that property.
C.
Regulations:
1.
Each registered short-term rental is required to have a designated emergency contact, whether an individual or business, that is available to respond to the property reports of concerns and complaints 24 hours per day, seven days per week during the rental period.
2.
The short-term rental owner must comply with all other applicable local, State and Federal laws, including, but not limited to, City business regulations; resort tax regulations; lodging facility use tax and accommodations sales tax regulations; permitting requirements; fair housing laws; approved codes; building code and health department regulations. Loss of any required permit or license will result in revocation of the short-term rental license registration.
3.
Compliance with all applicable laws and regulations is the sole responsibility of the owner. City approval of an application for short-term rental license registration in no way waives or transfers to the City such responsibility. In addition, the owner is solely responsible for verifying that the use of a property as a short-term rental is compatible with insurance and mortgage contracts, homeowners' association covenants, rental agreements, and any other contracts which govern the use of the property.
4.
The owner and their representative acknowledges that the City has the right to suspend operation of any short-term rental when the City determines the rental is causing or contributing to an imminent public health, safety hazard, or nuisance, as defined in Municipal Code Section 4-1-1.
5.
The maximum occupancy of a short-term rental will be determined by the owner and/or the representative of the home. The maximum occupancy will be noted on the short-term rental registration and must be posted at the property at all times of occupancy.
6.
All signage required by City ordinance and regulatory bodies must be posted in the property at all times of occupancy.
7.
The guest must be provided with a written list of rules applicable to the short-term rental with the rental agreement, and the rental agreement must include acknowledgement by the renters of their agreement to comply with such rules.
8.
The City shall adopt a written Good Neighbor Policy summarizing local laws and regulations for visitors. It is the responsibility of the STR business owner to ensure the Good Neighbor Policy is provided to all guests, and it is the responsibility of the City to provide the most updated Good Neighbor Policy to each STR business owner. The Good Neighbor Policy will be adopted by means of resolution.
D.
Application Procedure for a New Business Registration Certificate: The applicant shall submit an application, records of applicable inspection requirements to promote the health, safety, and welfare of its citizens along with the required fees.
In order for the certificate of business registration to be valid, the applicant shall:
1.
Be in compliance with all current and future City ordinances, including, but not limited to, resort tax, zoning, building, health and fire codes; and
2.
Have submitted a completed application accompanied by required inspection reports and the full amount of the applicable fees; and
3.
The applicant is required to provide either an Employer Identification Number (EIN) issued by the Internal Revenue Service or a Lodging Facility Sales and Use Tax Permit (LFT) issued by the Montana Department of Revenue.
4.
The certificate of business registration will be designated as defined herein. If the registration type changes as defined, the owner must notify the City within seven business days. Applicable fees and bonds may be required upon type change.
E.
Procedures for Renewal of Business Registration Certificate: The applicant shall submit an updated application, updated records of applicable inspection requirements to promote the health, safety, and welfare of its citizens, along with the full amount of required fees before the beginning of each fiscal year.
If the renewal process is not completed by September 1st of each year, the registration certificate shall be automatically terminated. If a registration certificate is terminated, the property owner or their designated operator will be required to apply for a new registration certificate.
The registration certificate must be used within a year of issuance or renewal. If a registration certificate is not used within 365 consecutive days, it will be automatically revoked. Use of the registration certificate will be determined by the remittance of resort tax to the City of Red Lodge. An exemption will be granted if the home has been used as a long-term rental residence for the past fiscal year and owner/operator can provide a written lease agreement with dates of lease, has obtained all required inspections, and has still paid all required fees.
F.
Revocation: Once a registration certificate has been revoked. The business will be required to apply as a new business registration certificate.
G.
Additional Registrations: Property management companies and holding companies are required to have business registration. Likewise, each property and/or company that is managed thereby is also required to have their own business registration as the property and/or company. This is due to the fact that the properties and/or companies managed are independent third-party entities that have contracted to provide day-to-day operations to the holding company/property management company.
H.
Registration Business Transfer: Registration certificates are assigned to the owner and the dwelling unit. They are non-transferable. Owners cannot take their registration to a different dwelling unit, and registrations do not convey to a new owner if there is a change in ownership of the registered dwelling unit.
I.
Short-Term Business Registration Limit:
1.
The following registrations types are determined exempt from the limit of STR registrations and will not be included against the STR limit: owner-occupied short-term rental, onsite managed short-term rental, and temporary short-term rental.
2.
55% of the limit registrations shall be reserved for professionally managed short-term rentals as defined herein. The remaining 45% of limit registrations shall be made available to general short-term rentals as defined herein If a registration type changes to either professionally managed short-term rental or general short-term rental from an exempt registration type, an owner will be subject to the limit stated herein.
3.
If a registration has been revoked or has expired, the STR business will be required to apply for a new business. Should the limit be reached, the business will be placed on a waiting list until an existing registration expires and is not renewed or has been revoked.
J.
Applicability:
1.
The City of Red Lodge hereby establishes a limit of total STR registrations permitted within the City of Red Lodge calculated as 20% of the total number of dwelling units in the City of Red Lodge, as determined by the County authority. The limit will be calculated by Red Lodge City staff annually in June. In the event the limit is reached, a waiting list shall be established to facilitate new registrations when existing registrations either terminate or expire and are not renewed.
2.
No provision of this title shall be construed as an attempt to regulate any occupation, industry, trade, pursuit, profession, vocation, or business which is exempted from regulation or control of local government by the laws of the State of Montana or the United States.
3.
No provision of this section shall be construed as an attempt to exercise any power that applies to or affects the standards of professional or occupational competence established pursuant to MCA Title 37 as prerequisites to the practicing of a profession or occupation.
4.
A lower-priced or moderate-priced dwelling that received financial support from the City, including, but not limited to, down payment assistance, or other financial subsidy, may not be used as a short-term rental until such time as the lien instrument against the property in favor of the City securing the amount of such subsidy has been released and the release recorded with the Carbon County Clerk and Recorder's Office.
5.
The provisions of this section apply only to short-term rentals as defined herein. This section does not apply to any rental of a dwelling unit which is governed and defined by the Montana Residential Landlord and Tenant Act of 1977.[1]
[1]
Editor's Note: See MCA Title 70, Chapter 24.
6.
Annually, the City Council will review this section to determine if the limit is deemed appropriate for the public health, safety, and preservation of the City of Red Lodge. A presentation will be provided to the public.
(Ord. 963, 2/10/2026)