Red Lodge City Zoning Code

ARTICLE 12

4.5 Standards of General Applicability

§ 12.4.5.10 Purpose and Intent.

The following general development standards are established to assure that property in all zoning districts of the City will be developed in a uniform and orderly manner which will promote public health safety and general welfare, and implement the Red Lodge Growth Policy. These general development standards shall apply to all development in addition to specific standards for certain uses and zoning districts set forth in other articles of this Zoning Ordinance.

(Ord. 957, 5-10-2022)

§ 12.4.5.20 Hillside Developments.

4.5.21

Purpose and Intent

This section is intended to provide for the orderly and reasonable use of hillside areas while protecting public health, safety and general welfare by accomplishing the following.

Soil Conditions

Steer development to locations that have stable soil and utilize appropriate engineering techniques that accommodate the natural site conditions as determined by the natural slope of the site.

Maintain Natural Conditions

Minimize alterations to natural hillsides to maintain significant landforms and natural drainage patterns.

Intensity

Permit an intensity of development compatible with the natural characteristics of hillside terrain.

Public Services

Promote cost effective public services by encouraging development in less steeply sloped areas and ensuring adequate access for emergency vehicles.

Safety

Protect the public from unsafe development and property damage by ensuring that hillside development is reasonably located and properly constructed. Minor and isolated slope variations occurring over a run of 10 feet or less are exempt.

4.5.22

Applicability

This section shall apply to all development on slopes steeper than 8% except development occurring on minor and isolated slope variations in which the slope may be steeper than 8% for a run of 10 feet or less.

4.5.23

Grading and Filling

Amount of Grading Permitted

The percentage of the site that can be graded and/or filled shall be determined by the natural slope of the site, with more grading allowed on less steep slopes. The amount of grading permitted is established in Table 4.5.23, Percent Grading or Filling Allowed on Slopes.

Ungraded Area

The undeveloped portion of the site that is not graded or filled shall be maintained in an undisturbed state with natural grade and vegetation.

Table 4.5.23 Percent Grading or Filling Allowed on Slopes
Slope	Percent Allowed Grading
8-15%	70
15.1-20%	50
20.1-25%	30
>25%	0
Minor and isolated slope variations occurring over a run of 10 feet or less are exempt.

4.5.24

Lot Coverage

Amount of Coverage Permitted

The percentage of the site that can be covered with impermeable surfaces is determined by the slope of the site, with more lot coverage allowed on less steep slopes. The amount of lot coverage permitted is established in Table 4.5.24, Percent Coverage Allowed on Slopes.

Uncovered Area

The portion of the site that is not covered with impervious surfaces shall be revegetated with native landscaping materials to minimize erosion and stabilize slopes. At a minimum, the density of vegetation shall approximate the density of vegetation that existed in the pre-construction state.

Table 4.5.24 Percent Lot Coverage Allowed on Slopes
Slope	Percent Coverage Allowed
0-15%	NA
15.1-20%	15
20.1-25%	10
>25%	0
Minor and isolated slope variations occurring over a run of 10 feet or less are exempt

4.5.25

Cuts and Fills

Maximum Grade

The slope of a cut or fill grade shall not exceed two to one (2:1) grade to allow revegetation.

Setback

The toe of a fill slope, or top of a cut or fill slope, shall be set back from the property line at least one-half (½) the height of the cut or fill slope.

Toe of Natural Slope

Cutting the toe of a natural slope is prohibited.

4.5.26

Drainage

Natural drainage channels shall be preserved.

4.5.27

Soils and Hillside Stability

Development shall not be located on unstable soils or in rock slide or avalanche areas. The Zoning Administrator may require a geotechnical study to determine the stability of soils and hillslope.

4.5.28

Retaining Walls/Fencing

Retaining walls shall not exceed the height of eight feet. Fences in Residential Zones shall not exceed six feet in height above natural grade. More than one retaining wall in a terraced arrangement shall be permitted. Retaining walls designed and constructed to retain earth are exempt from other standards of this Zoning Ordinance that regulate walls.

(Ord. 957, 5-10-2022)

§ 12.4.5.30 Environmental Regulations.

4.5.31

Wetlands

Development shall comply with all applicable State and Federal wetland regulations and standards. When a proposed development requires a State or Federal wetland permit, the applicant shall include in the application for a City permit copies of the applicable permits to demonstrate compliance with the State or Federal regulation. The Zoning Administrator may require verification that no such State or Federal permit is required.

4.5.32

Water Quality

Development shall comply with all applicable State and Federal water quality regulations and standards. When a proposed development requires a State or Federal water quality or discharge permit, the applicant shall include in the application for a City permit copies of the applicable permits to demonstrate compliance with the State or Federal regulation.

4.5.33

Air Quality

Development shall comply with all applicable State and Federal air quality regulations and standards. When a proposed development requires a State or Federal air quality permit, the applicant shall include in the application for a City Permit copies of the applicable permits to demonstrate compliance with the State or Federal regulation.

4.5.34

Subsidence

When a development is proposed on areas mapped by the Montana Department of State Lands, or other governing agencies, as having a potential for mine subsidence, the applicant shall include in the application for a City permit a written report by an engineer licensed in the State of Montana that details how the development will avoid further damage and loss of property.

4.5.35

Rock Creek, Floodplain

All development shall be set back at least 50 feet from the Ordinary High Water Mark (OHWM) of Rock Creek. The OHWM is to be determined consistent with the following U.S. Army Corps. definition:

The term ordinary high water mark means that line on the shore established by the fluctuations of water and indicated by physical characteristics such as a clear, natural line impressed on the bank, shelving, changes in the character of soil, destruction of terrestrial vegetation, the presence of litter and debris, or other appropriate means that consider the characteristics of the surrounding areas.

All development in the Special Flood Hazard Area (formerly known as the FEMA 100 year floodplain), according to current FEMA maps (https://msc.fema.gov/portal/search#searchresultsanchor), shall comply with the

Floodplain Hazard Management standards set forth in Title 12, Chapter 3 of the City of Red Lodge Municipal Code.

(Ord. 957, 5-10-2022)

§ 12.4.5.40 Parking and Loading Standards.

4.5.41

Purpose and Intent

The purpose and intent of this section is to establish adequate off-street parking standards designed to lessen congestion on streets, but not excessive, off-street parking requirements, while remaining compatible with Growth Policy goals. These regulations are intended to encourage the use of alternate forms of transportation throughout the community.

4.5.42

Applicability

Any building or structure erected or located and any use of land established after the effective date of this Zoning Ordinance, including changes of use and additions to existing uses, shall provide off-street parking in accordance with the standards of this section.

Notwithstanding, development and uses located in the Central Business District (C-4) are exempt from the parking requirement.

Required Parking

All development shall provide the minimum number of off-street parking spaces as established in Table 4.5.43, Required Off-Street Parking. If two or more uses occupy the same building, lot or parcel of land, the total requirement for off-street parking spaces shall be the sum of the requirement of the individual uses.

Uses Not Identified and Excess Parking

The required off-street parking for any building, structure or use of land not listed in Table 4.5.43, Required Off-Street Parking, shall be determined by the Zoning Administrator based on the required parking for similar uses listed in the Table and other reliable sources of data.

When similar uses cannot be readily identified, the applicant may request a ratio other than as required based upon Table 4.5.43. The applicant shall submit citations of similar, existing built uses in other jurisdictions (preferably similar to Red Lodge); and supporting documentation from the Planning, Public Works and Law Enforcement Divisions of said jurisdiction(s). In the case of any discrepancies, the decision of the Zoning Administrator shall rule.

The Planning Board shall review requests for parking in excess of requirements as shown in Table 4.5.43 through a Conditional Use application. If a Conditional Use application is not required, the change of use shall follow the parking requirements as shown in Table 4.5.43. Documentation from acceptable industry publications justifying the request must accompany said request. Such acceptable publications include: ITE-Institute of Traffic Engineers, ULI-Urban Land Institute, APA-American Planning Association, and ICSC-International Conference of Shopping Centers. Approval of increased parking may require significant increases to both landscape area and planting density. The decision of the Planning Board shall rule.

Parking for Physical Disabilities

Parking lots shall provide parking for persons with physical disabilities pursuant to the currently adopted International Building Codes, and all other applicable regulations.

Approval of parking plans by the City of Red Lodge does not signify that the requirements of the Americans with Disabilities Act (ADA) or Federal Fair Housing Act have been satisfied. The applicant is responsible to ensure said requirements have been met. The following contact information is provided as a customer service only, and the applicant is advised to seek legal counsel for confirmation:

Office of the Americans with Disabilities Act, Civil Rights Division, U.S. Department of Justice, 950 Pennsylvania Avenue NW, Housing and Civil Enforcement Section, Washington, DC

U.S. Department of Justice, 950 Pennsylvania Avenue, Civil Rights Division, Disability Rights Section, Washington, DC

Change of Use

When an existing use of a structure or land is changed to another use, the number of off-street parking spaces shall be provided for the new use as established in Table 4.5.43, Required Off-Street Parking. In the event the new use requires more parking than is able to be accommodated on the site, the applicant may request a ratio other than as required based upon the Required Off-Street Parking Table. The applicant shall submit citations of similar existing built uses in other jurisdictions (preferably similar to Red Lodge); and supporting documentation from the Planning, Public Works and Law Enforcement Divisions of said jurisdiction(s). In the case of any discrepancies, the decision of the Zoning Administrator shall rule.

Expansion

When an existing use is expanded, off-street parking shall be provided for the expanded area in compliance with Table 4.5.43, Required Off-Street Parking. In the event the expanded use requires more parking than is able to be accommodated on the site, the applicant may request a ratio other than as required based upon the Required Off-Street Parking Table. The applicant shall submit citations of similar, existing built uses in other jurisdictions (preferably similar to Red Lodge); and supporting documentation from the Planning, Public Works and Law Enforcement Divisions of said jurisdiction(s). In the case of any discrepancies, the decision of the Zoning Administrator shall rule.

If a development is proposed within a parcel that can extend or connect to a trail as identified in the Active Transportation Plan, or if a proposed trail can demonstrate a benefit to active transportation, an applicant can request a parking reduction of up to 15% from the parking requirements of Table 4.5.43. A permanent easement recorded by the Carbon County Clerk and Recorder will be required by the applicant to qualify for the parking reduction.

4.5.43

Computation of Required Spaces

For the purpose of computing off-street parking spaces required by this section, the following rules shall apply:

Gross Floor Area

Floor area shall mean gross floor area unless otherwise specified for a particular use.

Bench Seating

Churches and other places of assembly in which benches or pews are used in place of seats, each 24 inches in length of such benches or pews shall be counted as one seat.

Fractions

When calculation of the number of off-street parking spaces results in a requirement of a fractional space, any fraction of less than one-half (½) may be disregarded, while a fraction of one-half (½) or more shall be counted as one required parking space.

Table 4.5.43 Required Off-Street Parking
Residential
1 Dwelling	2/du
2 Dwellings	1.5/du
≥3 Dwellings ≥2 Bedrooms	1.5/du
ADU/Guest House	0/du
Efficiency/Studio Units	1/du
Assisted Living	.5/du
1 Bedroom Apartments	1/du
Commercial
Auto, Vehicle Sales	1/salesperson
Auto, Vehicle Service	2.5/ service bay
Bank	1/250 sf + 2 stacking spaces per drive up
Bed & Breakfast	0.5/1 room
Restaurants	1/3 seats
Fast Food Restaurants	1/4 seats
Bars/Gaming Establishments	1/3 seats
Hotel & Motel	1/room
Conference w/ Lodging	.5/seat
Restaurant w/ Lodging	1/4 seats
Retail	3/1,000 sf
Office
General Professional	3/1,000 sf
Medical & Dental	3/1,000 sf
Public & Quasi Public
Day Care, Family	2
Day Care, Group	1/staff plus 5
Government Buildings	2/1,000 sf
Health Care Facility, Long-Term Care Facility	1/3 employee & 1/3 beds
Library	1/600 sf
School, Elementary or Jr. High	1/staff & faculty
School, Senior High	1/staff & faculty & 1/10 students
Worship Facility	1/5 seats
Business or Trade	1/5 seats staff
Auditorium	1/3 seats or 1/150 sf
Recreation & Entertainment
Bowling Alley	3/alley
Golf Course	4/ hole
Indoor Entertainment	5.5/1,000 sf
Miniature Golf Course	1/hole
Private Health Club	4/court & 1/200 other sf
Public Assembly	1/3 seats
Theater	1/3 seats
Industrial
Freight, Distribution	2/3 employees
Manufacturing, Assembly	2/3 employees
Mini-Storage	1/10 units
Warehousing	2/3 employees
Notes: du = dwelling unit; sf = square feet

4.5.44

Parking Lot Design

All required parking spaces shall comply with the standards of this subsection.

Size

Parking spaces shall be at least nine feet by 18 feet in size and have a minimum head clearance of seven feet; except that parallel spaces may have width of eight feet.

Setbacks

Parking shall not be located in the required minimum front setback.

Surfacing, Grading

All off-street parking and access drives shall be paved with asphalt, concrete or an approved permeable surface, and shall be graded and drained to shed all surface water.

Parking lots shall comply with Section 12.4.5.90, Storm Water Management and Erosion Control.

Parking Areas

All parking lots, landscape islands, and drive lanes shall be designed and constructed as shown below.

The following tables establish minimum parking lot space, island and aisle dimensions. The illustrations are intended to assist the designer and show typical parking configurations; as such, each parking lot may be designed differently, but shall incorporate these concepts.

While parking aisles may terminate with landscape islands (as shown below), based upon specific site constraints, the designer may eliminate the landscape islands at the end of the aisles and instead aggregate larger islands elsewhere along the parking aisles.

Accessible parking spaces shall be designed in compliance with the Americans with Disabilities Act (ADA). It shall be the responsibility of the developer to ensure the design is ADA compliant. Approval of site plans shall not be construed as compliance with ADA.

(Note: Off-street parking spaces shall not be situated at an angle less than 45 degrees, except parallel parking shall be permitted.)

Full-Size Car
Angle	0º	45º	60º	90º
Width	8'	9'	9'	9'
Length	24'	18'	18'	18'
Aisle Width	12' (one-way) 24' (two-way)	16'	22'	24'

Compact Car
Angle	0º	45º	60º	90º
Width	8'	8'	8'	8'
Length	22'	16'	16'	16'
Aisle Width	12' (one-way) 24' (two-way)	16'	22'	24'

(In the event that the designer chooses to incorporate compact parking spaces, the amount of compact parking spaces shall not exceed 20% of the total number of parking spaces provided. Compact spaces shall be aggregated within the lot to the maximum extent possible.)

Snow Storage

A snow storage area at least 2% of the size of the parking lot, drive aisles, and circulation area shall be provided to avoid the loss of required parking spaces to snow storage.

Tree Cover

Parking lots containing more than 10 parking spaces shall contain vegetative cover that provides shade for at least 50% of the area of the parking lot as measured on August 15th at noon, 15 years after installation; based upon average growth rates consistent with the International Society of Arboriculture and the American Association of Nurserymen. The owner shall be responsible for maintaining the vegetation. The applicant proposing the parking lot shall submit for the review and approval of the Zoning Administrator the plan for vegetative cover designed to satisfy this standard.

Residential Garages

Parking spaces in residential garages shall count toward residential parking requirements.

Lighting

Parking lot illumination shall meet applicable lighting standards found in Section 12.4.5.70.

4.5.45

Access, Curb Cuts

All parking lots shall have adequate and safe ingress and egress to and from a local alley or street. The access shall not exceed 24 feet in width measured at the property line and shall comply with Section 12.4.5.50, Intersection Visibility, unless a wider approach width is approved by the City Public Works Director. Curb cuts to a City street shall be approved by the City Public Works Director. Backing from a parking space into a street or alley is prohibited except for single-family and two-family dwelling units.

4.5.46

Parking Lots on Broadway

New Buildings Facing Broadway, Side Street

Any new building facing Broadway or a side street between Broadway and alleys paralleling Broadway on the east or west shall:

Provide at least one parking space at the rear of the building.

Parking Along U.S. Highway 212

Off-street parking shall not abut U.S. Highway 212 between Two Mile Bridge Road and the southern City limits.

4.5.47

Loading Area Standards

Each commercial or industrial building larger than 10,000 gross square feet shall provide at least one off-street loading area. Businesses in the Central Business District (C-4) are exempt from providing off-street loading areas.

Clearance

Loading areas shall contain a vertical clearance of at least 14 feet.

Dimension

Loading areas shall be at least 12 feet wide and 35 feet deep.

Location, Design

Loading areas shall be on the same lot as the building requiring the loading area and the loading area shall be designed to prevent vehicles parked in the loading area from extending into the public right-of-way.

4.5.48

Shared Parking

When parking is required as part of a Conditional Use Permit, the developer may reach an agreement with a neighboring property to reduce new parking spaces.

General

Shared parking is allowed among different categories of uses or among uses with different hours of operation, but not both.

Up to 20% of required parking spaces for any use may be used jointly by a temporary commercial use.

Applicants must provide a shared parking agreement executed by the parties establishing the shared parking spaces. The agreement must be filed with the Carbon County Clerk and Recorder. Shared parking privileges will continue in effect only as long as the agreement, binding on all parties, remains in force. If the agreement is no longer in force, then parking must be provided as otherwise required by this chapter.

Shared parking may be located off-site, subject to the regulations of subsection (E)(2) below.

Required accessible parking spaces (for persons with disabilities) may not be shared and must be located on site.

Shared Parking for Different Categories of Uses

A use may share parking with a different category of use according to only one of the following subsections:

If an office use and a retail sales-related use share parking, the parking requirement for the retail sales-related use may be reduced by up to 30%, provided that the reduction does not exceed the minimum parking requirement for the office use.

If a residential use shares parking with a retail sales-related use (expressly excluding lodging uses, restaurants and entertainment-related uses), the parking requirement for the residential use may be reduced by up to 40%, provided that the reduction does not exceed the minimum parking requirement for the retail sales-related use.

If an office and a residential use share off-street parking, the parking requirement for the residential use may be reduced by up to 50%, provided that the reduction does not exceed the minimum parking requirement for the office use.

If office, retail sales and residential uses share off-street parking, the applicant may elect to use any one of the shared parking reductions of subsection (B)(1).

The applicant may also elect to prepare a shared parking analysis using the Urban Land Institute's (ULI) shared parking analysis methodology. Parking reductions based on the ULI methodology require review and approval by the Zoning Administrator after consultation with the City Public Works Department.

Shared Parking for Uses with Different Hours of Operation

For the purposes of this section, the following uses are considered daytime uses:

Customer service and administrative offices;

Retail sales uses, except restaurants, lodging uses, and entertainment-related uses;

Warehousing, wholesaling, and freight movement uses;

Manufacturing, production and industrial service uses; and

Other similar primarily daytime uses, as determined by the Zoning Administrator.

For the purposes of this section, the following uses are considered nighttime or weekend uses:

Auditoriums accessory to public or private schools;

Religious assembly uses;

Entertainment-related uses, such as theaters, bowling alleys, and dance halls; and

Other similar primarily nighttime or weekend uses, as determined by the Zoning Administrator.

Up to 90% of the parking required by this chapter for a daytime use may be supplied by the off-street parking provided for a nighttime or weekend use and vice-versa, when authorized by the Zoning Administrator.

The applicant must show that there is no substantial conflict in the principal operating hours of the uses for which shared parking is proposed.

General, Location of Off-Street Parking

Except as otherwise expressly stated, required off-street parking spaces must be located on the same parcel as the building or use they are required to serve.

Off-Site Parking

General

All or a portion of required off-street parking may be provided off site, in accordance with the provisions of this section. Off-site parking areas must comply with all applicable parking area design and accessibility standards. Required accessible parking spaces may not be located off-site.

Location

Off-site parking areas must be located within a 500 foot radius of the use served by such parking, measured between the entrance of the use to be served and the outer perimeter of the farthest parking space within the off-site parking lot.

Control of Off-Site Parking Area

The property to be occupied by the off-site parking facilities must be under the same ownership as the parcel containing the use to be served by the parking. The off-site parking area may be under separate ownership only if an agreement is provided guaranteeing the long-term availability of the parking, commensurate with the use served by the parking. Off-site parking privileges will continue in effect only as long as the agreement, binding on all parties, remains in force. If an off-site parking agreement lapses or is no longer valid, then parking must be provided as otherwise required by this chapter.

Use of Off-Street Parking Areas

Required off-street parking areas may be used solely for the temporary parking of licensed motor vehicles in operating condition.

Required off-street parking spaces may not be used for the display of goods for sale or lease or for storage of building materials.

Required off-street parking spaces are intended to serve residents, tenants, patrons, employees, or guests of the principal use. Off-street parking spaces that are required by this Zoning Ordinance must be maintained for the life of the principal use.

No commercial motor vehicle repair work of any kind is permitted in a required parking space.

Driveway Parking Area Design

Parking areas must be laid out and designed in accordance with Municipal Code requirements and City standards and specifications.

Driveways must be reviewed and approved by the City Public Works Department before issuance of a zoning compliance permit. Driveways exceeding 150 feet in length require an additional approval from the Fire Department.

Driveways from streets may not be created in residential zoning districts for parcels with access to an alley except those approved by the City Public Works Department due to topographic, physical or easement constraints.

Driveways may not exceed a grade of 8%, provided that a maximum grade of up to 10% may be allowed for short distances, not exceeding 50 feet, if approved by the Fire Department and the City Public Works Department.

4.5.49

Bicycle Parking

A minimum of 50% of required bicycle parking spaces shall be located within 50 feet of the front door of the business or the multi-family entrance when bicycle parking is required. An inverted U or other similar device, approved through Design Review, shall be required. Bicycle racks shall be made of solid construction, resistant to rust, corrosion, hammers and saws, and be located in a well illuminated location.

Commercial Business

A minimum of two bicycle parking spaces are required for every 10 automobile parking spaces required.

Multifamily Housing

A minimum of two bicycle-parking spaces are required for multifamily housing units of at least five units.

Industrial

A minimum of one bicycle parking space is required for every 20 automobile parking spaces required.

(Ord. 957, 5-10-2022)

§ 12.4.5.50 Intersection Visibility.

4.5.51

Purpose and Intent

The purpose of this section is to avoid traffic hazards that occur from obstructed visibility at intersections of streets, alleys and driveways.

4.5.52

Applicability

The standards of this section apply to all development not exempted below. The standards of this section shall not apply to:

Existing Buildings

Permanent buildings existing on the effective date of this Zoning Ordinance.

Controlled Intersections

Stop sign controlled or traffic signal controlled intersections in the Central Business District (C-4).

4.5.53

Establishment of Sight Triangle

For the purpose of this section a sight triangle is defined and established at the intersection of all streets, streets and alleys, and streets and driveways. The sight triangle is measured from the center of the approaching traffic lane for each direction for a distance of 450 feet for 45 mph, 400 feet for 40 mph, and 350 feet for 35 mph, and so on.

4.5.54

Standard

Height

Within the area of the sight triangle, the height of mature landscaping, walls and fences shall not exceed two and one-half (2½) feet in height measured from the top of the existing curb grade or crown of abutting road, whichever is lower.

Trees

Within the sight triangle, trees shall be permitted as long as only the tree trunk (no leaves, limbs, etc.) is visible within eight feet of the ground.

(Ord. 957, 5-10-2022)

§ 12.4.5.60 Landscaping.

4.5.61

Purpose and Intent

The purpose and intent of this section is to establish landscaping requirements that promote attractive and high quality development and preserve and enhance the natural beauty of the City. It is further the purpose of this section to require landscaping that ensures compatibility among adjacent land uses; controls dust, glare and erosion; screens objectionable objects; visually softens the mass of buildings; promotes air quality and enhances property values. Safe and attractive landscaping is encouraged adjacent to public streets and throughout parking areas. It is not the intent of this section to prescribe a certain style of landscaping except to include plants that are indigenous to the area and tolerant of Red Lodge winter conditions.

4.5.62

Applicability

The standards of this section shall apply to the following types of development.

New Development

All new developments and expansions of existing developments that result in an increase of more than 1,000 square feet of gross floor area shall comply with this section.

Change of Use

The change of use of an existing development shall comply with this section.

Conditions

Landscaping may be required as a condition of a Variance or the rezoning of a lot or parcel of land.

4.5.63

Landscape Plan

Plan Required

A Landscape Plan is required for all developments and changes of use except for single-family and duplex/two-family residential units. Despite the exemption from a Landscape Plan, single-family and duplex/two-family residential units shall comply with Section 12.4.5.64, Landscaping Standards.

Plan Contents

The Zoning Administrator shall establish a checklist of items required in a Landscape Plan.

Plan Review

Review of the Landscape Plan shall be performed concurrently with the Development Plan it accompanies.

4.5.64

Landscape Standards

Minimum Number of Trees

The applicant shall select from the options described below for providing the required number of trees.

Overstory Trees

A minimum of one deciduous overstory tree or one large evergreen tree per 5,000 square feet of lot or parcel area; or

Understory Trees

A minimum of four understory trees or four small evergreen trees per 5,000 square feet of lot or parcel area.

Additional Landscape Screening

Additional landscaping may be required by standards in other sections of this Zoning Ordinance to screen parking, loading areas and similar functions. Additional landscaping also may be required as a condition of approval to mitigate the visual or operational impacts of a specific development. These may include understory vegetation composed of shrubs, grass, or flowering plants which create vertical and horizontal structural variability.

Minimum Tree Sizes and Type

Trees planted to meet the requirements of this section shall comply with the following requirements upon installation. Tree types shall be selected from a list of Red Lodge recommended tree species (the Urban Forest Management Plan Appendix of the Growth Policy) available from the City Zoning Administrator.

Overstory Trees

Deciduous overstory trees shall be a minimum two inch caliper at breast height (DBH) and projected to reach a height of 40 feet at maturity.

Large Evergreen Trees

Large evergreen trees shall be at least six feet tall and projected to reach a height of 40 feet at maturity.

Understory Trees

Deciduous understory trees or ornamental trees shall be a minimum of one and one-half (1½) inch caliper at breast height (DBH).

Small Evergreen Trees

Small evergreen trees shall be at least five feet tall.

Design Elements

Landscape Plans shall be designed and installed to meet the following standards.

Landscape Area

The entire lot or parcel not occupied by impervious surface or left in natural vegetation shall be planted with trees, grass, ground cover or other live ground cover plantings that are known to be tolerant to the climate of Red Lodge.

Use of Landscape Planting

Landscape plans shall be designed and installed to landscape required setbacks, screen parking lots, soften the mass of buildings and buffer neighboring property from new development.

Landscape Material

Landscape plans shall use plant material that minimizes attraction to wildlife other than songbirds, e.g. berries.

Maintenance

Required landscaping shall be continually maintained by the owner after installation. Any landscaping or ground cover or other elements of the Landscape Plan that die or become damaged shall be replaced by the end of the growing season in which the plant material died or became damaged. Any required landscaping that dies or is damaged and is not replaced shall be considered a violation of this Zoning Ordinance.

(Ord. 957, 5-10-2022)

§ 12.4.5.70 Lighting.

4.5.71

Purpose and Intent

To set forth lighting standards for outdoor uses commensurate with the City's adopted Energy Conservation Plan (ECP). To create a safe and comfortable nighttime environment, while protecting the night sky as a feature of rural character by reducing sky glow. These lighting standards are designed with input from North-western Energy using the Model Light Ordinance (MLO), a joint document created by International Dark-Sky Association's (IDA) and the Illuminating Engineering Society of North America (IES). These standards ensure personal safety and prevent motor vehicle and pedestrian conflicts by reducing the negative effects of glare, light pollution and light trespass.

4.5.72

General Standards

This section sets out the requirements that apply to all outdoor lighting, both residential and non-residential.

Conformance with all Applicable Codes

All outdoor lighting shall be installed in conformance with the provisions of this Zoning Ordinance, applicable Electrical and Energy Codes, and applicable sections of the Building Code.

Applicability and Requirements

All outdoor lighting installed after the date of effect of this Zoning Ordinance shall comply with these requirements except those exempted in Sections 12.4.5.73 and 12.4.5.75. These requirements include, but are not limited to, new lighting, replacement lighting, or any other lighting whether attached to structures, poles, the earth, or any other location, including lighting installed by any third party.

New Uses or Structures, or Change of Use

Whenever there is a new use of a property (zoning or variance change or the use on the property is changed) all outdoor lighting on the property shall be brought into compliance with this Zoning Ordinance before the new or changed use commences.

Additions or Alterations

Major Additions

If a major addition occurs on a property, lighting for the entire property shall comply with the requirements of this code. For purposes of this section, the following are considered to be major additions:

Additions of 20% or more in terms of additional dwelling units, gross floor area, outdoor seating capacity, or parking spaces, either with a single addition or with cumulative additions after the effective date of this Zoning Ordinance.

Minor Modifications, Additions, or New Lighting Fixtures for Non-Residential and Multiple Dwellings

For non-residential and multiple dwellings, all additions, modifications, or replacement of more than 20% of outdoor lighting fixtures existing as of the effective date of this Zoning Ordinance shall require the submission of a complete inventory and site plan to the authority detailing all existing and any proposed new outdoor lighting.

Any new lighting shall meet the requirements of this Zoning Ordinance.

Full Cutoff Luminaire

All luminaires, except as otherwise permitted herein, are required to be full cutoff as defined by the Illuminating Engineers Society of North America (IESNA). Full cutoff light luminaires result in a light distribution pattern where no light is permitted at or above a horizontal plane at the bottom of the fixture. Full cutoff fixtures may not be tilted or aimed in a manner that results in light distribution above the horizontal plane (see Figure 1).

A full explanation of BUG rating codes, their meaning and how they are calculated is described in Appendix 12.4.1.6, "Bug Rating System and Nighttime LED Lighting."

Figure 1—Backlight, Uplight, and Glare (BUG) Ratings for Outdoor Lighting

Shielding

All outdoor lighting fixtures may be fully or side shielded to mitigate light trespass. Unacceptable fixtures are those that expose a bare bulb allowing light to escape in multiple directions causing light trespass and glare. Acceptable fixtures are those that shield bulb(s) while directing light into only those areas necessary for better vision at night (see Figure 2).

Figure 2—Examples of Lighting Fixtures Published by IDA to Demonstrate Acceptable vs. Unacceptable Lighting Fixtures

Lamps

To minimize blue light, use "warm-white" or filtered LEDs that are 3,000 Kelvin or lower, as recommended by IESNA and the American Medical Association (AMA). No lamps shall exceed 1,000 lumens for any single lamp, unless for temporary lighting or permitted by special use (see Figure 3).

Figure 3—Color Temperature Scale Measured in Kelvin

Backlight, Uplight and Glare (BUG) Rated Luminaires

Luminaires that are backlight, uplight and glare (BUG) rated and fitting to site and situation with exception of existing lighting (see Figure 1). BUG ratings for Red Lodge are listed for low ambient lighting, moderate ambient lighting, and moderately high ambient lighting (see Section 12.4.5.79, Definitions) for purposes of fitting BUG ratings relative to the site and situation of variable projects (see Table 4.5.72).

For a full explanation of BUG rating descriptions and how they're calculated, see Appendix 12.4.1.6.

Table 4.5.72 has been especially prepared for Red Lodge by adopting the three most applicable classifications/lighting zones from IESNA and IDA's MLO as indicated below:

Low Ambient Lighting Area

Single or two-family residential areas;

ii.

Moderate Ambient Lighting Area

Light commercial business districts and high density or mixed-use residential districts;

iii.

Moderately High Ambient Lighting Area

Recommended default for large cities' business district or areas with nighttime human activity needing higher security or safety.

The lowest and highest lighting classifications from IESNA and IDA's MLO have been excluded because they are not applicable to the site and situation of a small rural city such as Red Lodge (at present):

Non-Permanent Lighting Area

Recommended default for wilderness areas, parks and preserves, and undeveloped rural areas;

ii.

High Ambient Lighting Area

High intensity business or heavy industrial zone districts, not appropriate for most cities, only for special cases.

For full descriptions of the lighting areas adopted by Red Lodge, see Section 12.4.5.79, Definitions.

Table 4.5.72 Maximum Allowable Backlight, Uplight and Glare (BUG) Ratings
	Low Ambient Lighting Area	Moderate Ambient Lighting Area	Moderately High Ambient Lighting Area
Allowed Backlight Rating*
Fixture greater than 2 mounting heights from property line	B3	B4	B5
Fixture 1 to less than 2 mounting heights from property line and ideally oriented**	B2	B3	B4
Fixture 0.5 to 1 mounting heights from property line and ideally oriented**	B1	B2	B3
Fixture less than 0.5 mounting height to property line and properly oriented**	B0	B0	B1
Allowed Uplight Rating
Allowed % light emission above 90 degrees for street or area lighting for any fixture	0%	0%	0%
Allowed Glare Rating***
Any luminaire not ideally oriented with 1 to less than 2 mounting heights to any property line of concern***	G0	G1	G1
Any luminaire not ideally oriented with 0.5 to 1 mounting heights to any property line of concern***	G0	G0	G1
Any luminaire not ideally oriented with less than 0.5 mounting heights to any property line of concern***	G0	G0	G0

*	For property lines that abut public walkways, bikeways, plazas, and parking lots, the property line may be considered to be five feet beyond the actual property line for purpose of determining compliance with this section. For property lines that abut public roadways and public transit corridors, the property line may be considered to be the centerline of the public roadway or public transit corridor for the purpose of determining compliance with this section.
**	To be considered '"ideally oriented," the luminaire must be mounted with the backlight portion of the light output oriented perpendicular and towards the property line of concern.
***	Any luminaire that cannot be mounted with its backlight perpendicular to any property line within two times the mounting heights of the luminaire location shall meet the reduced allowed glare rating.

Lighting Control

Additional requirements for luminaires may be required to reduce overnight light trespass. Controls include, but are not limited to, automated switching systems, use of timers, light dimmers, or motion sensors and/or lighting reduction of at least 30% or extinguished by curfew as established by the authority.

Light Distribution – Area and Roadway Lighting

All light fixtures mounted for the purpose of area or roadway lighting shall be classified as IESNA Type I—V with luminaires demonstrated to provide similar distribution patterns and shielding properties. Luminaires may be fitted with "side shield" reflectors on the sides facing adjacent property lines to prevent light trespass. IES distribution patterns as explained below shall be applied per site condition as appropriate:

Type 1

This distribution is great for lighting walkways, paths, and sidewalks. This type of lighting is designed to be placed near the center of the pathway. This provides good lighting for narrower paths or roadways.

Type I is a two way lateral distribution, with two concentrated light beams that illuminate in opposite directions, a preferred lateral width of 15 degrees and where the mounting height is approximately equal to the roadway width.

Type II

Distribution is used for wide walkways, on ramps and entrance roadways, as well as other long, narrow lighting. This type is meant for lighting larger areas and usually is located near the roadside. You'll find this type of lighting mostly on smaller side streets or jogging paths.

Type II light distributions have a preferred lateral width of 25 degrees. They are generally applicable to luminaires located at or near the side of relatively narrow roadways, where the width of the roadway does not exceed 1.75 times the designed mounting height.

Type III

Distribution is meant for general roadway lighting, parking areas and other areas where a larger area of lighting is required. Type III lighting needs to be placed to the side of the area, allowing the light to project outward and fill the area. Its throw is taller than Type II but its side-to-side throw is shorter.

Type III light distributions have a preferred lateral width of 40 degrees and are intended for luminaires mounted at or near the side of medium width roadways or areas, where the width of the roadway or area does not exceed 2.75 times the mounting height.

Type IV

Distribution produces a semicircular light meant for mounting on the sides of buildings and walls. It's best for illuminating the perimeter of parking areas and businesses. The intensity of the Type IV lighting has the same intensity at angles from 90 degrees to 270 degrees.

Type IV light distributions have a preferred lateral width of 60 degrees. This distribution is intended for side-of-road mounting and is generally used on wide roadways where the roadway width does not exceed 3.7 times the mounting height.

Type V

Produces a circular 360 degree distribution that has equal light distribution at all positions. This distribution has a circular symmetry of light that is essentially the same at all viewing angles. It is intended for luminaire mounting at or near the center of roadways, center islands of the parkway, and intersections. Type V distribution is great for parking areas or flooding large areas of light directly in front of the fixture. It is one of the most common distribution types available today.

Prohibitions

The following types of lighting or conditions shall be prohibited:

Light Bulb Types

The installation of any metal halide, mercury vapor, low pressure sodium, or high-pressure sodium fixtures for use as outdoor lighting is prohibited.

Searchlights

The operation of searchlights for advertising or any other purpose is prohibited.

Upcast Lights (Uplight)

Lights mounted on the ground or buildings aimed upward are prohibited.

Off-Site Glare/Light Trespass

Glare or light directed off-site or shining onto the adjacent property or street shall be prohibited.

4.5.73

General Exemptions

The following types of lighting situations are exempt from the standards of this section:

Existing Outdoor Lighting

Luminaires installed prior to and operable before the effective date of this Zoning Ordinance provided the fixtures were not a pre-existing nuisance pursuant to Title 12, Chapter 4 of the Red Lodge Municipal Code.

Broadway Street Lights

Street lighting from the roundabout at 3rd Street to 8th are maintained solely by City of Red Lodge. Street lights from 8th to 14th are owned and operated by NorthWestern Energy. The above ornamental street lights shall be exempt.

Central Business District Alley Lights

Lighting mounted on utility poles within the alleys for safety and security.

Highways

State highways are exempt as they follow jurisdiction of Montana Department of Transportation (MDT) Lighting Standards.

Recreation Facility

Lighting period beyond curfew related to a recreational facility or event in agreement between the City and a User Group by Memorandum of Understanding (MOU), or by application for special permit.

Navigation Lights

Navigation lights at an air navigation facility (MCA 67-1-101 "Definitions and Policy") or similar lights providing a navigational function.

Temporary and Seasonal Lighting

Individual fixtures or arrays that do not exceed 70 lumens.

Lighting Exempted by Ordinance for Special Requirements

Lighting required by federal, state, territorial, commonwealth or provincial laws or regulations. lights necessary for compliance with United States Code Title 4 Chapter 1 Section 6, as amended. For example, Federal law requires that US flags left up through the night are "properly illuminated" during hours of darkness so the flag is not enveloped in darkness.

Lighting specified or identified in a specific use permit.

4.5.74

Non-Residential Standards

This sets standards for all non-residential properties including multi-family residential properties subject to Design Review. The lighting design shall be included at the time of application to the authority. These standards are in addition to Section 12.4.5.72, General Standards.

Non-Residential Applicability and Requirements

These standards are applicable to all non-residential outdoor lighting luminaires installed after the effective date of this Zoning Ordinance and the new development of all buildings with exception of those exempted in Section 12.4.5.73, General Exemptions.

Any non-residential outdoor lighting installation complies if it meets the requirements outlined below:

Amortization

On or before 10 years from the effective date of this Zoning Ordinance, all non-residential outdoor lighting shall be brought into compliance with this Zoning Ordinance by the property owner.

Residential Streets and Roadway Lights

As of the adoption of this Zoning Ordinance, all existing street and roadway lights are in compliance and shall continue to follow best practices of IES RP and AASHTO standards for the State of Montana (mdt.mt.gov).

Recreation Facility

Lighting period at any outdoor recreational facility or field is limited to curfew at 11:00 p.m. (or as revised by the authority). Notwithstanding, said lighting may continue to allow the completion of a sporting event if it began earlier the same evening. Depending on the recreational activity and location, application for special permit may be required.

Limits to Off-Site Impacts

All luminaires shall be rated and installed according to Table 4.5.72.

Light Shielding for Parking Lot Illumination

Non-residential lighting pattern types IV and V are recommended for non-residential parking areas that include lighting. Depending on the number of parking spaces (one to 10) or for a larger lot, the requirements may be met using the Parking Space Method or the Hardscape Area Method.

See Section 12.4.5.72(B)(8) for general information about lighting pattern types.

See subsection G, below, describing the Parking Space Method (one to 10 parking spaces) or Hardscape Area Method for a larger number of parking spaces (as in a lot).

Resumption of Use after Abandonment

If a property with non-conforming lighting is abandoned for a period of one year or more, then all outdoor lighting shall be brought into compliance by the property owner with this Zoning Ordinance before any further use of the property occurs.

Lighting Plan Compliance

Considering the nature of small rural cities and outdoor lighting projects, IDA/IESNA's recommended "prescriptive method" as a fitting standard for non-residential lighting in Red Lodge. The prescriptive method contains precise and easily verifiable requirements for luminaire light output and fixture design that limits glare, uplight and light trespass and the amount of light that can be used. As most outdoor lighting projects do not involve a lighting professional, this method is simple to follow and does not require engineering expertise.

Submission to the authority of a Lighting Plan/project is required as a precondition to any approvals. The Lighting Plan should include the location and BUG rating for each luminaire, specify compliance with subsection H, Prescriptive Method—Total Site Lumen Limit, and a worksheet to show that the luminaires and their BUG ratings, and total site lumen limits are compliant. The intent is to mitigate light trespass which is defined as "light that falls beyond the property it is intended to illuminate, falling where it is not wanted or needed. Spill light. Obtrusive light."

Prescriptive Method—Total Site Lumen Limit

The total installed initial luminaire lumens of all outdoor lighting shall not exceed the total site lumen limit. The total site lumen limit shall be determined using either the Parking Space Method (Table 4.5.74A) or the Hardscape Area Method (Table 4.5.74B). Only one method shall be used per permit application, and for sites with existing lighting, existing lighting shall be included in the calculation of total installed lumens.

The Parking Space Method may only be applied to properties up to 10 parking spaces (including handicapped accessible spaces). The Hardscape Area Method may be used for any project and when lighting intersections of site drives, streets, or roads, a total of 600 square feet for each intersection may be added to the actual site hardscape area to provide for intersection lighting.

Both method tables (below) outline measures for moderate ambient lighting and moderately high ambient lighting. Light commercial or multifamily residential units without common areas that are not active 24 hours, seven days a week may consider moderate lighting while centralized commercial operations with heavier night-time activity may apply moderately high lighting limits (see Section 12.4.5.74, Definitions).

The total installed initial luminaire lumens is calculated as the sum of the initial luminaire lumens for all luminaires.

Table 4.5.74A Parking Space Method: Allowed Total Initial Luminaire Lumens per Site for Non-residential Outdoor Lighting
Parking Spaces	Allowed Lumens/Space (Moderate Ambient Lighting)	Total Luminaire Lumens/Site (Moderate Ambient Lighting)	Allowed Lumens/Space (Moderately High Ambient Lighting)	Total Luminaire Lumens/Site (Moderately High Ambient Lighting)
1	630 lmns	630	840 lmns	840
2	630 lmns	1,260	840 lmns	1,680
3	630 lmns	1,890	840 lmns	2,520
4	630 lmns	2,520	840 lmns	3,360
5	630 lmns	3,150	840 lmns	4,200
6	630 lmns	3,780	840 lmns	5,040
7	630 lmns	4,410	840 lmns	5,880
8	630 lmns	5,040	840 lmns	6,720
9	630 lmns	5,670	840 lmns	7,560
10	630 lmns	6,300	840 lmns	8,400

Table 4.5.74B Hardscape Area Method: Allowed and Additional Total Initial Lumens per Site for Non-Residential Outdoor Lighting
Lumens/SqFt of Hardscape	Moderate Ambient Lighting	Moderately High Ambient Lighting
Base Allowance
	2.5 lumens per Sq Ft of Hardscape	5.0 lumens per Sq Ft of Hardscape
Additional Allowances for Sales and Service Facilities No more than two additional allowances per site may be added to base allowance
Outdoor Sales Lots. This allowance is lumens per square foot of un-covered sales lots used exclusively for the display of vehicles or other merchandise for sale, and may not include driveways, parking or other non-sales areas. To use this allowance, luminaires must be within 2 mounting heights of sales lot area.	8 lumens per Sq Ft	8 lumens per Sq Ft
Outdoor Sales Frontage. This allowance is for lineal feet of sales frontage immediately adjacent to the principal viewing location(s) and unobstructed for its viewing length. A corner sales lot may include two adjacent sides provided that a different principal viewing location exists for each side. In order to use this allowance, luminaires must be located between the principal viewing location and the frontage outdoor sales area	1,000 lumens per LF	1,500 lumens per LF
Drive Up Windows. In order to use this allowance, luminaires must be within 20 feet horizontal distance of the center of the window.	4,000 lumens per drive-up window	8,000 lumens per drive-up window
Vehicle Service Station. This allowance is lumens per installed fuel pump.	8,000 lumens per pump (based on 10 fc horiz)	8,000 lumens per pump (based on 20 fc horiz)

4.5.75

Non-Residential Exemptions

The following types of lighting situations are exempt from the standards of this section: Bollards, or Similar Light Luminaires (Trail Lighting)

Fixtures that do not exceed four feet in height, intended to illuminate public landscape features or walkways, may be permitted as part of the overall design review lighting plan for non-residential properties. Lamps shall not exceed 900 lumens for any single lamp. A maximum of two fixtures per bollard.

4.5.76

Residential Standards

This section applies to single-family homes, duplexes, row houses, and low-rise multifamily buildings of six dwelling units or less. These standards are in addition to, Section 12.4.5.72, General Standards.

Residential Applicability and Requirements

The standards of this section shall apply to all outdoor lighting luminaires installed after the effective date of this Zoning Ordinance and the new development of all buildings with exception of those exempted in Section 12.4.5.73, General Exemptions, or Section 12.4.5.77, Residential Exemptions.

These standards shall also apply to the redevelopment, addition or remodeling of residential or multi-family property that increases the gross floor area of the building(s) or the area of developed land 25% or more. The intent is to mitigate light trespass which is defined as "light that falls beyond the property it is intended to illuminate, falling where it is not wanted or needed. Spill light. Obtrusive light."

Shielding

For residential properties including multiple residential properties (not exceeding six units) not having common areas, all outdoor luminaires shall be shielded as needed to prevent light trespass onto adjacent properties and shall not exceed the allowed lumen output in Table 4.5.77, row 2.

Landscape Lighting

Shall comply with Table 4.5.77, row 4 and/or 6.

Shall not be aimed onto adjacent properties.

Lighting Plan

4.5.77

Residential Exemptions

One partly shielded or unshielded luminaire at the main entry, not exceeding the allowed lumen output in Table 4.5.77, row 1.

Any other partly shielded or unshielded luminaires not exceeding the allowed lumen output in Table 4.5.77, row 3.

Low voltage landscape lighting aimed away from adjacent properties and not exceeding the allowed lumen output in Table 4.5.77, row 4.

Shielded directional flood lighting aimed so that direct glare is not visible from adjacent properties and not exceeding the allowed lumen output in Table 4.5.77, row 5.

Motion Sensor and/or Time Controlled Lighting

Lighting shall not be left on by default through the night. If lighting for safety and security is desired, residents may implement time controlled or motion sensor lighting that extinguishes after 15 minutes or less. Motion sensor and controlled lighting must also comply with Table 4.5.77, Residential Lighting Limits.

Residential Lighting Exemption Within Limitations

Most residential lighting has traditionally used incandescent lamps which are identified by their wattage. However, since new technologies provide more light for fewer watts, it is no longer possible to regulate residential lighting solely by providing a maximum wattage. This table, therefore, lists maximum initial luminaire lumens only.

These lumen allowances assume IDA/IESNA recommendations for low ambient lighting areas (rural and low-density residential areas / single or two-family homes) and moderate ambient lighting areas (high density or mixed-use residential areas). See definitions for clarification.

Table 4.5.77 Residential Lighting Limits
Row	Residential Lighting Application	Limit in Low Ambient Lighting Area	Limit in Moderate Ambient Lighting Area
1	Maximum Allowed Luminaire Lumens* for Unshielded Luminaires at one entry only	420 lumens	630 lumens
2	Maximum Allowed Luminaire Lumens* for each Fully Shielded Luminaire	1,260 lumens	1,260 lumens
3	Maximum Allowed Luminaire Lumens* for each Unshielded Luminaire excluding main entry	315 lumens	315 lumens
4	Maximum Allowed Luminaire Lumens* for each Landscape Lighting	Not allowed	1,050 lumens
5	Maximum Allowed Luminaire Lumens* for each Shielded Directional Flood Light	Not allowed	1,260 lumens
6	Maximum Allowed Luminaire Lumens* for each Low Voltage Landscape Lighting	Not allowed	525 lumens

*	Luminaire lumens equals initial lamp lumens for a lamp, multiplied by the number of lamps in the luminaire

4.5.78

Lighting by Special Permit Only

High Intensity and Special Purpose Lighting

The following lighting systems are prohibited from being installed or used except by special use permit:

Temporary lighting in which any single luminaire exceeds 20,000 initial luminaire lumens or the total lighting load exceeds 160,000 lumens.

Aerial lasers.

Searchlights.

Other very intense lighting, defined as having a light source exceeding 200,000 initial luminaire lumens, or an intensity in any direction of more than two million (2,000,000) candelas.

Complex and Non-Conforming Uses

Upon special permit issued by the authority or a Memorandum of Understanding (MOU) with the authority, lighting not complying with the technical requirements of this Zoning Ordinance but consistent with its intent may be installed for complex sites or uses or special uses, including, but not limited to, the following applications:

Sports facilities, including, but not limited to, unconditioned rinks, open courts, sports fields, and stadiums.

Construction lighting.

Lighting for industrial sites having special requirements, such as, but not limited to, petrochemical manufacturing or storage, shipping piers, etc.

Parking structures or parking lots.

Urban parks.

Ornamental and architectural lighting of bridges, public monuments, statuary and public buildings.

Theme and amusement parks.

Correctional facilities.

Traffic controls outside the jurisdiction of MDT.

To obtain such a permit, applicants shall demonstrate that the proposed lighting installation:

Has sustained every reasonable effort to mitigate the effects of light on the environment and surrounding properties, supported by a signed statement describing the mitigation measures.

Employs lighting controls to reduce lighting at a project specific curfew time to be established in the permit.

Complies with the general lighting requirements after curfew.

The authority shall review each such application. A permit may be granted if, upon review, the authority believes that the proposed lighting will not create unwarranted glare, sky glow or light trespass.

4.5.79

Definitions

Authority.

The adopting municipality, agency or other governing body.

Backlight.

For an exterior luminaire, lumens emitted in the quarter sphere below horizontal and in the opposite direction of the intended orientation of the luminaire. For luminaires with symmetric distribution, backlight will be the same as front light.

BUG.

A luminaire classification system that classifies backlight (B), uplight (U) and glare (G).

Canopy.

A covered, unconditioned structure with at least one side open for pedestrian and/or vehicular access. (An unconditioned structure is one that may be open to the elements and has no heat or air conditioning.)

Curfew.

A time defined by the authority when outdoor lighting is reduced or extinguished. City of Red Lodge has established a lighting curfew of 11:00 p.m.

Full-cutoff luminaire.

An IES definition; Zero intensity at or above the horizontal plane (90 degrees nadir) and limited to a value not exceeding 10% of lamp lumens at or above 80 degrees.

Fully shielded luminaire.

A luminaire constructed and installed in such a manner that all light emitted by the luminaire, either directly from the lamp or a diffusing element, or indirectly by reflection or refraction from any part of the luminaire, is projected below the horizontal plane through the luminaire's lowest light-emitting part.

Glare.

Lighting entering the eye directly from luminaires or indirectly from reflective surfaces that causes visual discomfort or reduced visibility.

Hardscape.

Permanent hardscape improvements to the site including parking lots, drives, entrances, curbs, ramps, stairs, steps, medians, walkways and non-vegetated landscaping that is 10 feet or less in width. Materials may include concrete, asphalt, stone, gravel, etc.

Hardscape area.

The area measured in square feet of all hardscapes. It is used to calculate the Total Lumen Limit for the Prescriptive Method.

Illuminated sign.

Any informational or advertising sign that is illuminated by either internal or external means.

Illuminating Engineering Society of North America (IES or IESNA).

The professional society of lighting engineers, including those from manufacturing companies, and others professionally involved in lighting.

International Dark-Sky Association (IDA, Inc.).

A non-profit organization whose goals are to build awareness of the value of dark skies, and of the need for quality outdoor lighting.

Kelvin.

The color temperature measured on a scale of one to 10,000 degrees. Kelvin of 3,000 degrees or lower is red/yellow along the spectrum (warmer whites).

Below statements from american medical association (AMA).

"More recently engineered LED lighting is now available at 3000K or lower. At 3000K, the human eye still perceives the light as "white," but it is slightly warmer in tone, and has about 21% of its emission in the blue-appearing part of the spectrum. This emission is still very blue for the nighttime environment, but is a significant improvement over the 4000K lighting because it reduces discomfort and disability glare. Because of different coatings, the energy efficiency of 3000K lighting is only 3% less than 4000K, but the light is more pleasing to humans and has less of an impact on wildlife.

That our AMA encourages the use of 3000K or lower lighting for outdoor installations such as roadways. All LED lighting should be properly shielded to minimize glare and detrimental human and environmental effects, and consideration should be given to utilize the ability of LED lighting to be dimmed for off-peak time periods."

Lamp.

A generic term for a source of optical radiation (i.e. "light"), often called a "bulb" or "tube." Examples include incandescent, fluorescent, high-intensity discharge (HID) lamps, and low-pressure sodium (LPS) lamps, as well as light-emitting diode (LED) modules and arrays.

Landscape lighting.

Lighting of trees, shrubs, or other plant material as well as ponds and other landscape features.

LED.

Light Emitting Diode.

Lighting.

"Electric" or "man-made" or "artificial" lighting.

Light trespass.

Light that falls beyond the property it is intended to illuminate, falling where it is not wanted or needed. Spill light. Obtrusive light.

Low ambient lighting.

Areas where lighting might adversely affect flora and fauna or disturb the character of the area. The vision of human residents and users is adapted to low light levels. Lighting may be used for safety and convenience but it is not necessarily uniform or continuous. After curfew, most lighting should be extinguished or reduced as activity levels decline. Recommended default for rural and low-density residential areas (single or two-family homes).

Low voltage landscape lighting.

Landscape lighting powered at less than 15 volts and limited to luminaires having a rated initial luminaire lumen output of 525 lumens or less.

Lumen.

The unit of measure used to quantify the amount of light produced by a lamp or emitted from a luminaire (as distinct from "watt," a measure of power consumption).

Luminaire.

The complete lighting unit (fixture), consisting of a lamp, or lamps and ballast(s) (when applicable), together with the parts designed to distribute the light (reflector, lens, diffuser), to position and protect the lamps, and to connect the lamps to the power supply.

Luminaire lumens.

For luminaires with relative photometry per IES, it is calculated as the sum of the initial lamp lumens for all lamps within an individual luminaire, multiplied by the luminaire efficiency. If the efficiency is not known for a residential luminaire, assume 70%. For luminaires with absolute photometry per IES LM-79, it is the total luminaire lumens. The lumen rating of a luminaire assumes the lamp or luminaire is new and has not depreciated in light output.

Moderate ambient lighting.

Areas of human activity where the vision of human residents and users is adapted to moderate light levels. Lighting may typically be used for safety and convenience but it is not necessarily uniform or continuous. After curfew, lighting may be extinguished or reduced as activity levels decline. Recommended for light commercial business districts and high density or mixed-use residential districts.

Moderately high ambient lighting.

Areas of human activity where the vision of human residents and users is adapted to moderately high light levels. Lighting is generally desired for safety, security and/or convenience and it is often uniform and/or continuous. After curfew, lighting may be extinguished or reduced in most areas as activity levels decline. Recommended default for large cities' business district.

Ornamental street lighting.

A luminaire intended for illuminating streets that serves a decorative function in addition to providing optics that effectively deliver street lighting. It has a historical period appearance or decorative appearance, and has the following design characteristics:

Designed to mount on a pole using an arm, pendant, or vertical tenon;

Opaque or translucent top and/or sides;

An optical aperture that is either open or enclosed with a flat, sag or drop lens;

Mounted in a fixed position; and

With its photometric output measured using Type C photometry per IESNA LM-75-01.

Outdoor lighting.

Lighting equipment installed within the property line and outside the building envelopes, whether attached to poles, building structures, the earth, or any other location; and any associated lighting control equipment.

Partly shielded luminaire.

A luminaire with opaque top and translucent or perforated sides, designed to emit most light downward.

Sales area.

Uncovered area used for sales of retail goods and materials, including but not limited to automobiles, boats, tractors and other farm equipment, building supplies, and gardening and nursery products.

Seasonal lighting.

Temporary lighting installed and operated in connection with holidays or traditions.

Shielded directional luminaire.

A luminaire that includes an adjustable mounting device allowing aiming in any direction and contains a shield, louver, or baffle to reduce direct view of the lamp.

Sky glow.

The brightening of the nighttime sky that results from scattering and reflection of artificial light by moisture and dust particles in the atmosphere. Sky glow is caused by light directed or reflected upwards or sideways and reduces one's ability to view the night sky.

Temporary lighting.

Lighting installed and operated for periods not to exceed 60 days, completely removed and not operated again for at least 30 days.

Unshielded luminaire.

A luminaire capable of emitting light in any direction including downwards.

Uplight.

For an exterior luminaire, flux radiated in the hemisphere at or above the horizontal plane. Also referred to as upcast lighting.

(Ord. 957, 5-10-2022)

§ 12.4.5.80 Infrastructure.

4.5.81

Purpose and Intent

The purpose and intent of this section are to ensure required infrastructure and utilities are constructed and maintained to protect the health, safety and welfare of the occupants of developments approved pursuant to this Zoning Ordinance and the general community. Required infrastructure and utilities include but are not limited to water distribution, wastewater collection, vehicular circulation, pedestrian and bicycle facilities, storm water runoff and erosion control, and the private utilities of electricity, cable television, telephone, and, where available, natural gas.

4.5.82

Required Infrastructure and Utility Improvements

All development shall provide and maintain safe and orderly infrastructure and utilities that connect to the infrastructure systems of the City of Red Lodge and private utilities. All development shall provide access to water and wastewater systems, public streets or roads, pedestrian trails and/or sidewalks, and wire utilities such as electricity, cable television and telephone, and, where available, natural gas. Street lighting shall be provided by means of lighting fixtures.

4.5.83

Public Water Supply, Public Wastewater System

Connection to Municipal Systems

All development shall connect to municipal water and wastewater infrastructure systems which may require off-site and on-site facilities to provide the necessary mains, lift stations, pump stations, service lines and other appurtenances necessary to connect the development to the City infrastructure.

Construction Standards

City, DEQ

All infrastructure systems shall be constructed and maintained to the applicable codes of the City of Red Lodge, the Montana Department of Environmental Quality standards and other Federal and State codes that may be duly applicable.

Shared Use

All infrastructure lines in new developments shall be located and constructed to allow adjoining properties to access the infrastructure mains at the common property lines.

Developer's Expense

Installation of the required infrastructure shall be the developer's expense except where shared expenses are approved by the City.

City Participation

At its sole discretion and subject to adopted ordinances controlling infrastructure, the City may participate in funding the construction of infrastructure related to any development when an infrastructure facility is oversized to accommodate the current or future needs of adjacent properties.

Agreement

The City and developer may enter into a "late comer's" agreement or a reimbursement agreement to allow infrastructure costs to be shared by owners of neighboring properties when the infrastructure will benefit the neighboring properties.

Proportionate Share

The City shall establish appropriate shares of the infrastructure costs for all participating properties, whether the properties will benefit from the infrastructure now or in the future. The cost shares shall be determined on a proportional basis to reflect a reasonable approximation of the proportionate benefit or use to be enjoyed by each participating property

Sunset Provision

Any cost sharing agreement shall have a sunset provision or termination provision for reimbursement of infrastructure costs that is no later than 15 years from the execution date of the agreement.

4.5.84

Private Utilities

Underground Installation

All wire and natural gas utilities shall be installed underground except as provided below:

Above Ground Appurtenances

Transformers, switching boxes, terminal boxes, meter cabinets, pedestals, ducts and other facilities that are necessary appurtenances to underground utilities may be placed above ground within utility easements or street right-of-way or easements with approval of the land owner or City Council, whichever is applicable.

Connections to Above Ground Facilities

Facilities reasonably necessary to connect underground utilities to existing or permitted overhead or above ground facilities shall be allowed above ground.

Existing Facilities

Existing above ground utility facilities may be allowed to remain. It shall not be required to remove or replace existing above ground utility facilities that are useful in serving the development.

Transmission, Distribution Feeder Lines

Overhead electric transmission and distribution feeder lines and overhead long distance communication, trunk and feeder lines shall not be required to be underground.

Construction Standards

All utilities shall be installed and maintained pursuant to the applicable utility company standards.

Structures in Utility Easements

Structures shall not be located in public or private utility easements except fences may be allowed as prescribed in this paragraph. Fences with a gate or removable sections may be placed across municipal utility easements if approved in writing by the Red Lodge Public Works Director. Fences across other utility easements shall be approved by the utility company benefitting from the easement or permitted by the terms of the easement.

Developer's Expense

Costs of installation and construction of all utilities pursuant to this Zoning Ordinance shall be paid by the developer, whether the utility is on site or off site. The developer shall make all necessary arrangements, including payment for installation and construction, with each utility company serving the development.

4.5.85

Vehicular Circulation

Safe Direct Access

All development shall include safe, legal and physical access to a public street or road. The access may first connect to a private street or road before then connecting to the public street or road.

Shared Use

When public streets or easements are provided in new developments, the streets or easements shall be located and constructed to allow an adjacent property owner(s) to gain direct access to the public street or easement.

Circulation Planning

The location, layout, character and extent of legal and physical circulation shall comply with the following standards:

Red Lodge Growth Policy

Legal and physical accesses to public streets shall be consistent with the Red Lodge Growth Policy.

Natural Topography

Accesses, streets and roads shall be designed and constructed to conform to the natural topography to the greatest extent practical and minimize ground disturbance.

Drainage

Accesses, streets and roads shall not block natural drainage ways and shall be designed and constructed to provide positive storm water runoff.

Number of Access

The allowed number of access shall be determined by the Red Lodge Subdivision Regulations.

No Commercial Access Through Residential

A commercial or industrial development shall not have a principal access through a residential zoning district. This prohibition does not prevent a commercial or industrial access through a mixed-use district.

Emergency Access

All development shall provide safe and efficient access suitable for emergency vehicles.

Street Standards

Street extensions or construction shall be designed and constructed pursuant to the street standards in the Red Lodge Subdivision Regulations.

Arterial Streets

Accesses to arterial streets shall be minimized and shall comply to any applicable access management plans in effect. A residential development that adjoins an arterial street shall use reverse frontage or side access to minimize accesses to arterial streets.

Developer's Expense

The construction of the required accesses, streets or roads shall be the developer's expense except where shared expenses are approved by the City.

City Participation

At its sole discretion and subject to adopted ordinances controlling streets and roads the City may participate in funding the construction of an access, street or road related to any development when the access facility is oversized or extended to accommodate the current or future needs of adjacent properties.

Agreement

The City and a developer may enter into a "late comer's" agreement or a reimbursement agreement to allow access costs to be shared by owners of neighboring properties when the access will benefit the neighboring properties.

Proportionate Share

The City shall establish the appropriate share of the access costs for all participating properties, whether the properties will benefit from the access now or in the future. The costs shall be determined on a proportional basis in which the costs reflect a reasonable approximation of the proportionate benefit or use to be enjoyed by each participating property.

Sunset Provision

Any cost-sharing agreement shall have a sunset provision or termination provision for reimbursement of infrastructure costs that is no later than 15 years from the execution date of the agreement.

4.5.86

Pedestrian Access

Effective immediately, the below noted requirements of this section shall be temporarily suspended and not enforced until such time as the City Council adopts an ordinance to repeal this suspension. However any sidewalk built during the time of suspension shall comply with ADA requirements. Existing sidewalks may require repairs to meet ADA requirements. Sidewalks are required when a development abuts existing sidewalks. Boulevards shall not be paved.

The following italicized text (strikethrough) has been left in the document for historic clarification purposes, and as noted above its requirements are no longer in effect.

All new development, including single-family houses, shall construct a sidewalk across the street frontages of the lot. The sidewalk(s) shall be within the public right-of-way at a location approved by the Red Lodge Public Works Director and extended to connect to existing sidewalks if present at the lot boundary.

~~A. Exemptions~~

Change of use, expansion to existing developments that increase the gross floor area by less than 20%, and new development within existing subdivisions that have no sidewalks shall be exempt from a required sidewalk.

~~B. ADA~~

~~All sidewalks shall be constructed in compliance with the Americans with Disabilities Act (ADA).~~

~~C. Commercial Development~~

~~Commercial developments, not exempted above, shall provide a sidewalk from the entrance of the commercial development to the public right-of-way.~~

~~D. Construction Standards~~

~~Sidewalks shall be designed and constructed to comply with the construction specifications and widths as adopted in the Red Lodge Subdivision Regulations.~~

~~E. Developer's Expense~~

~~Sidewalks shall be designed and constructed at the developer's expense.~~

4.5.87

Development Agreement

Agreement Required

Developments that require the construction of public infrastructure or other public improvements shall require a Development Agreement that establishes the detailed requirements, responsibilities and timing of performance for both the developer and the City. The Development Agreement shall contain all requirements from authority review.

Content of Agreement

A Development Agreement shall contain, but not be limited to, the following items.

Site Plan

The Development Agreement shall incorporate or reference an approved development plan.

Required Improvements

Detailed description of infrastructure and other improvements required as part of the approved development including specifications.

Costs

Costs of the improvements required in the initial phase and projected costs of improvements of any future phases.

Phasing Plan/Schedule for Completion

An established schedule of completion required in the initial phase and a projected completion schedule of any future phases.

City Completion

A process by which the City may, if necessary, complete the required improvements using the surety or financial guarantee provided by the developer.

Renegotiation

A process by which either the developer or the City may request a renegotiation of the agreement.

Transfer

A process by which the agreement may be transferred with the prior written approval of the City Council.

Guarantee

The form of the financial surety or guarantee shall be specified.

Warranty

A statement or warranty for the materials and workmanship pursuant to subsection G, Warranty of Improvements, below.

Phasing

The construction of public infrastructure or improvements may be phased in accordance with an approved phasing plan.

Effect of Agreement

An approved Development Agreement shall create a legal contract binding the parties to the contract.

Guarantee

Completion of the required improvements identified in the Development Agreement shall be guaranteed by a method in Article 12.2.4, Guarantee of Public Improvements, in the Red Lodge Subdivision Regulations.

Inspection and Acceptance of Improvements

Inspection Required

All infrastructure and improvements related to the City shall be inspected by the Public Works Director and all other improvements shall be inspected by the Zoning Administrator for compliance with the approved Development Agreement, construction plans and specifications.

Developer Request

Upon completion of the infrastructure or improvements, the developer shall submit to the Zoning Administrator a written request for a Certificate of Compliance or acceptance.

Improvements Accepted

Upon a written verification from the developer and a project engineer licensed in the State of Montana that the infrastructure or improvements have been completed pursuant to all approvals, plans and specifications, and upon further verification from the inspection described in subsection (F)(1), Inspection Required, above, the Zoning Administrator or Public Works Director, whichever is designated by adopted City ordinances, shall issue a Certification of Compliance. Notwithstanding, some public infrastructure facilities or improvements may require City Council approval of acceptance based upon adopted City ordinances. In such instances, the Zoning Administrator shall place the developer's request on the City Council agenda following verification by the Administrator or Public Works Director that the infrastructure or improvements have been completed pursuant to all approvals, plans and specifications.

Fees

The City Council may establish fees to offset the administrative costs of inspecting public infrastructure or improvements. Any such fees shall be paid by the developer prior to the issuance of a Certificate of Compliance or acceptance.

Warranty of Improvements

The developer shall warrant the materials and workmanship of the public infrastructure or improvement for a period of one year from issuance of the Certificate of Compliance or acceptance of the infrastructure or improvement by the Mayor and City Council, whichever is applicable.

Warranty Enforcement

The warranty shall be enforced or secured by one of the following methods.

Escrow

An escrow account containing funds equal to 125% of the construction costs pursuant to Article 12.2.4, Guarantee of Public Improvements, in the Red Lodge Subdivision Regulations.

Letter of Credit

Continuing an Irrevocable Standby Letter of Credit or opening a new Irrevocable Standby Letter of Credit in an amount equal to 125% of the construction costs pursuant to Article 12.2.4, Guarantee of Public Improvements, in the Red Lodge Subdivision Regulations.

Use of Funds

The City may use funds or draw upon the Letter of Credit to correct any deficiency in the materials or workmanship of the infrastructure or improvement. Notwithstanding, the developer may remedy the deficiency in lieu of the City drawing upon the funds.

Release of Funds

Warranty funds held in escrow or the Letter of Credit shall be released upon expiration of the one year warranty period provided the funds were not spent to remedy a deficiency in the infrastructure or improvement.

4.5.88

Livestock Prohibited

The keeping or raising of domestic livestock or fowl for show, breeding or other purposes is prohibited in the City limits; except as otherwise permitted in the Municipal Code.

(Ord. 957, 5-10-2022)

§ 12.4.5.90 Storm Water Management Erosion Control.

4.5.91

Purpose and Intent

The purposes and intent of this section are to ensure storm water runoff is sufficiently managed to avoid dangerous conditions, flooding or property damage and to further minimize erosion from wind and water.

4.5.92

Applicability

All developments, not exempted below in Section 12.4.5.93, Exemptions, proposing to disturb a cumulative total of more than 20,000 square feet of contiguous impervious coverage shall comply with the standards of this section, and meet Montana Department of Environmental Quality Regulations.

4.5.93

Exemptions

Development in the Central Business Zoning District (C-4) shall be exempt from this section.

4.5.94

Storm Water Runoff and Erosion Control Plan

Any application for a development permit, including a building permit if no other development application is required, not exempted in Section 12.4.5.93, Exemptions, shall include a storm water runoff and erosion control plan. The developer is to include calculations and techniques that demonstrate compliance with the standards of this section and shall be prepared by a professional engineer licensed in the State of Montana. Encourage use of green infrastructure elements for storm water management and erosion control in the plan. Green infrastructure elements that slow run-off, encourage retention and absorption of storm water onsite, and filter run-off may include bioswales, rain gardens, porous parking lot surface materials and use of terrestrial or wetland vegetation appropriate for the location.

4.5.95

Standards

Pre-Development Discharge

The post-development runoff rate from the site shall not exceed the pre-development runoff rate. Storm water retention areas may be required to comply with this standard.

Velocities Minimized

Runoff velocities shall be minimized and the receiving drainage ways shall be designed and constructed to accommodate the runoff.

One hundred Year Detention

On-site storm water facilities shall be designed and constructed to detain a 100 year storm event that is 24 hours in duration, while meeting subsection A, Pre-Development Discharge.

Maintenance

Storm water facilities shall be continually maintained to ensure on-going compliance with this section.

Retention of Vegetation

Existing natural vegetation shall be maintained as much as practical and disturbed areas that do not receive structures or impervious surfaces shall be revegetated.

Disturbed Areas Minimized

The amount of ground area disturbed at any one time shall be minimized as much as practical.

Silt Fencing

Silt fencing, hay bales or comparable techniques shall be used to prevent sediment from leaving the site due to erosion during construction and until the site is fully vegetated.

Water Quality

Water quality of nearby streams, wetlands or other riparian areas shall be protected by the use of vegetative buffer or other techniques.

(Ord. 957, 5-10-2022)

§ 12.4.5.100 Operational Performance Standards.

4.5.101

Purpose and Intent

The purposes and intent of this section is to establish performance standards that ensure developments and land uses do not become dangerous or objectionable to neighbors or the general community. It is the purpose and intent of this section that all land uses and related activities are maintained and operated to avoid detracting from the health, safety and welfare of the citizens of Red Lodge.

4.5.102

Air Quality

Dust, ash, vapors, fumes, gases or other forms of air pollution shall not be emitted from any development to an extent that can cause damage to the health of people, animals or vegetation or can degrade neighboring property.

4.5.103

Combustibles and Explosives

The storage of combustible and explosive materials shall comply with applicable standards of the Red Lodge Fire Prevention and Safety Code and the applicable building codes.

4.5.104

Hazardous Materials Storage

State, Federal Regulations

Development that proposes to generate, handle or store hazardous materials shall comply with all applicable State and Federal regulations and standards. When a proposed development requires a State or Federal permit, the applicant shall include in the application for a City permit copies of the applicable permits to demonstrate compliance with the State or Federal regulations.

Other City Codes

Development that proposes to generate, handle or store hazardous materials shall comply with all applicable regulations and standards in the currently adopted building code and Fire Prevention and Safety Code. When a proposed development requires approval for such activities under these additional codes, the applicant shall include in the application for a City permit copies of the applicable permits or plans that demonstrate compliance with the codes.

4.5.105

Noise

Noise Levels

Developments and land uses shall not create noises that exceed the levels established in Table 4.5.105.

Exceptions

Notwithstanding the noise limitations established in Table 4.5.105, exceptions to the subsection are:

During all hours the following items are exempt: emergency vehicle safety and warning signals, other safety and warning signals and devices, aircraft operations at the airport and hospital, vehicles with legal and properly functioning exhaust systems, those noise generators that in the opinion of the Zoning Administrator or law enforcement personnel meet the intent of this section, and limited temporary noises that occur for five minutes or less.

During non-quiet hours the following items are exempt: home appliances, chainsaws, lawn mowers and snow blowers in private use, those noise generators that in the opinion of the Zoning Administrator or law enforcement personnel meet the intent of this section, and limited temporary noises that occur for 15 minutes or less.

The City Council may grant waivers for special events (parades, street dances, grand openings, 4th of July Celebrations, etc.) or via the Conditional Use Permit or Use of City-Owned Lands approval process. All such waivers shall be in writing and on the property where the exemption is applicable.

If you have a City-issued building permit, construction activities are exempt from the maximum sound level for any given district from 7:00 AM to 10:00 PM level for any given district.

Measurement

Noise levels shall be measured at the property line of the development or land use generating the noise and shall be measured with a sound meter.

Table 4.5.105 Noise Levels
Zoning District in Which the Sound Is Generated	Maximum Sound Level	Quiet Hours Unless Exempted by 4.5.105(B)
R-1, R-2	65 dBA	Reduce to 55 dBA from 10:00 p.m. to 6:00 a.m.
R-3, R-4, C-1	70 dBA	Reduce to 60 dBA from 10:00 p.m. to 6:00 a.m.
C-2, C-3	80 dBA	Reduce to 70 dBA from 12:00 a.m. to 7:00 a.m.
C-4	85 dBA	Reduce to 75 dBA from 12:00 p.m. to 7:00 a.m.
P-1, P-2	80 dBA	Reduce to 70 dBA from 10:00 p.m. to 6:00 a.m.

(Ord. 957, 5-10-2022)

§ 12.4.5.110 Building Design.

Street Wall Length and Shape

To avoid long and monotonous building façades, the building façade facing any street 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.

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 rectangular or square roofs. Roof penetrations shall be ganged and screened to the maximum extent practicable.

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 not be inconsistent 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.

(Ord. 957, 5-10-2022)

Red Lodge City Zoning Code

ARTICLE 12

4.5 Standards of General Applicability

§ 12.4.5.10 Purpose and Intent.

(Ord. 957, 5-10-2022)

§ 12.4.5.20 Hillside Developments.

4.5.21

Purpose and Intent

This section is intended to provide for the orderly and reasonable use of hillside areas while protecting public health, safety and general welfare by accomplishing the following.

Soil Conditions

Steer development to locations that have stable soil and utilize appropriate engineering techniques that accommodate the natural site conditions as determined by the natural slope of the site.

Maintain Natural Conditions

Minimize alterations to natural hillsides to maintain significant landforms and natural drainage patterns.

Intensity

Permit an intensity of development compatible with the natural characteristics of hillside terrain.

Public Services

Promote cost effective public services by encouraging development in less steeply sloped areas and ensuring adequate access for emergency vehicles.

Safety

4.5.22

Applicability

4.5.23

Grading and Filling

Amount of Grading Permitted

Ungraded Area

The undeveloped portion of the site that is not graded or filled shall be maintained in an undisturbed state with natural grade and vegetation.

Table 4.5.23 Percent Grading or Filling Allowed on Slopes
Slope	Percent Allowed Grading
8-15%	70
15.1-20%	50
20.1-25%	30
>25%	0
Minor and isolated slope variations occurring over a run of 10 feet or less are exempt.

4.5.24

Lot Coverage

Amount of Coverage Permitted

Uncovered Area

Table 4.5.24 Percent Lot Coverage Allowed on Slopes
Slope	Percent Coverage Allowed
0-15%	NA
15.1-20%	15
20.1-25%	10
>25%	0
Minor and isolated slope variations occurring over a run of 10 feet or less are exempt

4.5.25

Cuts and Fills

Maximum Grade

The slope of a cut or fill grade shall not exceed two to one (2:1) grade to allow revegetation.

Setback

The toe of a fill slope, or top of a cut or fill slope, shall be set back from the property line at least one-half (½) the height of the cut or fill slope.

Toe of Natural Slope

Cutting the toe of a natural slope is prohibited.

4.5.26

Drainage

Natural drainage channels shall be preserved.

4.5.27

Soils and Hillside Stability

Development shall not be located on unstable soils or in rock slide or avalanche areas. The Zoning Administrator may require a geotechnical study to determine the stability of soils and hillslope.

4.5.28

Retaining Walls/Fencing

(Ord. 957, 5-10-2022)

§ 12.4.5.30 Environmental Regulations.

4.5.31

Wetlands

4.5.32

Water Quality

4.5.33

Air Quality

4.5.34

Subsidence

4.5.35

Rock Creek, Floodplain

All development shall be set back at least 50 feet from the Ordinary High Water Mark (OHWM) of Rock Creek. The OHWM is to be determined consistent with the following U.S. Army Corps. definition:

Floodplain Hazard Management standards set forth in Title 12, Chapter 3 of the City of Red Lodge Municipal Code.

(Ord. 957, 5-10-2022)

§ 12.4.5.40 Parking and Loading Standards.

4.5.41

Purpose and Intent

4.5.42

Applicability

Notwithstanding, development and uses located in the Central Business District (C-4) are exempt from the parking requirement.

Required Parking

Uses Not Identified and Excess Parking

Parking for Physical Disabilities

Parking lots shall provide parking for persons with physical disabilities pursuant to the currently adopted International Building Codes, and all other applicable regulations.

Office of the Americans with Disabilities Act, Civil Rights Division, U.S. Department of Justice, 950 Pennsylvania Avenue NW, Housing and Civil Enforcement Section, Washington, DC

U.S. Department of Justice, 950 Pennsylvania Avenue, Civil Rights Division, Disability Rights Section, Washington, DC

Change of Use

Expansion

4.5.43

Computation of Required Spaces

For the purpose of computing off-street parking spaces required by this section, the following rules shall apply:

Gross Floor Area

Floor area shall mean gross floor area unless otherwise specified for a particular use.

Bench Seating

Churches and other places of assembly in which benches or pews are used in place of seats, each 24 inches in length of such benches or pews shall be counted as one seat.

Fractions

Table 4.5.43 Required Off-Street Parking
Residential
1 Dwelling	2/du
2 Dwellings	1.5/du
≥3 Dwellings ≥2 Bedrooms	1.5/du
ADU/Guest House	0/du
Efficiency/Studio Units	1/du
Assisted Living	.5/du
1 Bedroom Apartments	1/du
Commercial
Auto, Vehicle Sales	1/salesperson
Auto, Vehicle Service	2.5/ service bay
Bank	1/250 sf + 2 stacking spaces per drive up
Bed & Breakfast	0.5/1 room
Restaurants	1/3 seats
Fast Food Restaurants	1/4 seats
Bars/Gaming Establishments	1/3 seats
Hotel & Motel	1/room
Conference w/ Lodging	.5/seat
Restaurant w/ Lodging	1/4 seats
Retail	3/1,000 sf
Office
General Professional	3/1,000 sf
Medical & Dental	3/1,000 sf
Public & Quasi Public
Day Care, Family	2
Day Care, Group	1/staff plus 5
Government Buildings	2/1,000 sf
Health Care Facility, Long-Term Care Facility	1/3 employee & 1/3 beds
Library	1/600 sf
School, Elementary or Jr. High	1/staff & faculty
School, Senior High	1/staff & faculty & 1/10 students
Worship Facility	1/5 seats
Business or Trade	1/5 seats staff
Auditorium	1/3 seats or 1/150 sf
Recreation & Entertainment
Bowling Alley	3/alley
Golf Course	4/ hole
Indoor Entertainment	5.5/1,000 sf
Miniature Golf Course	1/hole
Private Health Club	4/court & 1/200 other sf
Public Assembly	1/3 seats
Theater	1/3 seats
Industrial
Freight, Distribution	2/3 employees
Manufacturing, Assembly	2/3 employees
Mini-Storage	1/10 units
Warehousing	2/3 employees
Notes: du = dwelling unit; sf = square feet

4.5.44

Parking Lot Design

All required parking spaces shall comply with the standards of this subsection.

Size

Parking spaces shall be at least nine feet by 18 feet in size and have a minimum head clearance of seven feet; except that parallel spaces may have width of eight feet.

Setbacks

Parking shall not be located in the required minimum front setback.

Surfacing, Grading

All off-street parking and access drives shall be paved with asphalt, concrete or an approved permeable surface, and shall be graded and drained to shed all surface water.

Parking lots shall comply with Section 12.4.5.90, Storm Water Management and Erosion Control.

Parking Areas

All parking lots, landscape islands, and drive lanes shall be designed and constructed as shown below.

(Note: Off-street parking spaces shall not be situated at an angle less than 45 degrees, except parallel parking shall be permitted.)

Full-Size Car
Angle	0º	45º	60º	90º
Width	8'	9'	9'	9'
Length	24'	18'	18'	18'
Aisle Width	12' (one-way) 24' (two-way)	16'	22'	24'

Compact Car
Angle	0º	45º	60º	90º
Width	8'	8'	8'	8'
Length	22'	16'	16'	16'
Aisle Width	12' (one-way) 24' (two-way)	16'	22'	24'

Snow Storage

A snow storage area at least 2% of the size of the parking lot, drive aisles, and circulation area shall be provided to avoid the loss of required parking spaces to snow storage.

Tree Cover

Residential Garages

Parking spaces in residential garages shall count toward residential parking requirements.

Lighting

Parking lot illumination shall meet applicable lighting standards found in Section 12.4.5.70.

4.5.45

Access, Curb Cuts

4.5.46

Parking Lots on Broadway

New Buildings Facing Broadway, Side Street

Any new building facing Broadway or a side street between Broadway and alleys paralleling Broadway on the east or west shall:

Provide at least one parking space at the rear of the building.

Parking Along U.S. Highway 212

Off-street parking shall not abut U.S. Highway 212 between Two Mile Bridge Road and the southern City limits.

4.5.47

Loading Area Standards

Clearance

Loading areas shall contain a vertical clearance of at least 14 feet.

Dimension

Loading areas shall be at least 12 feet wide and 35 feet deep.

Location, Design

4.5.48

Shared Parking

When parking is required as part of a Conditional Use Permit, the developer may reach an agreement with a neighboring property to reduce new parking spaces.

General

Shared parking is allowed among different categories of uses or among uses with different hours of operation, but not both.

Up to 20% of required parking spaces for any use may be used jointly by a temporary commercial use.

Shared parking may be located off-site, subject to the regulations of subsection (E)(2) below.

Required accessible parking spaces (for persons with disabilities) may not be shared and must be located on site.

Shared Parking for Different Categories of Uses

A use may share parking with a different category of use according to only one of the following subsections:

If office, retail sales and residential uses share off-street parking, the applicant may elect to use any one of the shared parking reductions of subsection (B)(1).

Shared Parking for Uses with Different Hours of Operation

For the purposes of this section, the following uses are considered daytime uses:

Customer service and administrative offices;

Retail sales uses, except restaurants, lodging uses, and entertainment-related uses;

Warehousing, wholesaling, and freight movement uses;

Manufacturing, production and industrial service uses; and

Other similar primarily daytime uses, as determined by the Zoning Administrator.

For the purposes of this section, the following uses are considered nighttime or weekend uses:

Auditoriums accessory to public or private schools;

Religious assembly uses;

Entertainment-related uses, such as theaters, bowling alleys, and dance halls; and

Other similar primarily nighttime or weekend uses, as determined by the Zoning Administrator.

The applicant must show that there is no substantial conflict in the principal operating hours of the uses for which shared parking is proposed.

General, Location of Off-Street Parking

Except as otherwise expressly stated, required off-street parking spaces must be located on the same parcel as the building or use they are required to serve.

Off-Site Parking

General

Location

Control of Off-Site Parking Area

Use of Off-Street Parking Areas

Required off-street parking areas may be used solely for the temporary parking of licensed motor vehicles in operating condition.

Required off-street parking spaces may not be used for the display of goods for sale or lease or for storage of building materials.

No commercial motor vehicle repair work of any kind is permitted in a required parking space.

Driveway Parking Area Design

Parking areas must be laid out and designed in accordance with Municipal Code requirements and City standards and specifications.

4.5.49

Bicycle Parking

Commercial Business

A minimum of two bicycle parking spaces are required for every 10 automobile parking spaces required.

Multifamily Housing

A minimum of two bicycle-parking spaces are required for multifamily housing units of at least five units.

Industrial

A minimum of one bicycle parking space is required for every 20 automobile parking spaces required.

(Ord. 957, 5-10-2022)

§ 12.4.5.50 Intersection Visibility.

4.5.51

Purpose and Intent

The purpose of this section is to avoid traffic hazards that occur from obstructed visibility at intersections of streets, alleys and driveways.

4.5.52

Applicability

The standards of this section apply to all development not exempted below. The standards of this section shall not apply to:

Existing Buildings

Permanent buildings existing on the effective date of this Zoning Ordinance.

Controlled Intersections

Stop sign controlled or traffic signal controlled intersections in the Central Business District (C-4).

4.5.53

Establishment of Sight Triangle

4.5.54

Standard

Height

Trees

Within the sight triangle, trees shall be permitted as long as only the tree trunk (no leaves, limbs, etc.) is visible within eight feet of the ground.

(Ord. 957, 5-10-2022)

§ 12.4.5.60 Landscaping.

4.5.61

Purpose and Intent

4.5.62

Applicability

The standards of this section shall apply to the following types of development.

New Development

All new developments and expansions of existing developments that result in an increase of more than 1,000 square feet of gross floor area shall comply with this section.

Change of Use

The change of use of an existing development shall comply with this section.

Conditions

Landscaping may be required as a condition of a Variance or the rezoning of a lot or parcel of land.

4.5.63

Landscape Plan

Plan Required

Plan Contents

The Zoning Administrator shall establish a checklist of items required in a Landscape Plan.

Plan Review

Review of the Landscape Plan shall be performed concurrently with the Development Plan it accompanies.

4.5.64

Landscape Standards

Minimum Number of Trees

The applicant shall select from the options described below for providing the required number of trees.

Overstory Trees

A minimum of one deciduous overstory tree or one large evergreen tree per 5,000 square feet of lot or parcel area; or

Understory Trees

A minimum of four understory trees or four small evergreen trees per 5,000 square feet of lot or parcel area.

Additional Landscape Screening

Minimum Tree Sizes and Type

Overstory Trees

Deciduous overstory trees shall be a minimum two inch caliper at breast height (DBH) and projected to reach a height of 40 feet at maturity.

Large Evergreen Trees

Large evergreen trees shall be at least six feet tall and projected to reach a height of 40 feet at maturity.

Understory Trees

Deciduous understory trees or ornamental trees shall be a minimum of one and one-half (1½) inch caliper at breast height (DBH).

Small Evergreen Trees

Small evergreen trees shall be at least five feet tall.

Design Elements

Landscape Plans shall be designed and installed to meet the following standards.

Landscape Area

Use of Landscape Planting

Landscape plans shall be designed and installed to landscape required setbacks, screen parking lots, soften the mass of buildings and buffer neighboring property from new development.

Landscape Material

Landscape plans shall use plant material that minimizes attraction to wildlife other than songbirds, e.g. berries.

Maintenance

(Ord. 957, 5-10-2022)

§ 12.4.5.70 Lighting.

4.5.71

Purpose and Intent

4.5.72

General Standards

This section sets out the requirements that apply to all outdoor lighting, both residential and non-residential.

Conformance with all Applicable Codes

All outdoor lighting shall be installed in conformance with the provisions of this Zoning Ordinance, applicable Electrical and Energy Codes, and applicable sections of the Building Code.

Applicability and Requirements

New Uses or Structures, or Change of Use

Additions or Alterations

Major Additions

Minor Modifications, Additions, or New Lighting Fixtures for Non-Residential and Multiple Dwellings

Any new lighting shall meet the requirements of this Zoning Ordinance.

Full Cutoff Luminaire

A full explanation of BUG rating codes, their meaning and how they are calculated is described in Appendix 12.4.1.6, "Bug Rating System and Nighttime LED Lighting."

Figure 1—Backlight, Uplight, and Glare (BUG) Ratings for Outdoor Lighting

Shielding

Figure 2—Examples of Lighting Fixtures Published by IDA to Demonstrate Acceptable vs. Unacceptable Lighting Fixtures

Lamps

Figure 3—Color Temperature Scale Measured in Kelvin

Backlight, Uplight and Glare (BUG) Rated Luminaires

For a full explanation of BUG rating descriptions and how they're calculated, see Appendix 12.4.1.6.

Table 4.5.72 has been especially prepared for Red Lodge by adopting the three most applicable classifications/lighting zones from IESNA and IDA's MLO as indicated below:

Low Ambient Lighting Area

Single or two-family residential areas;

ii.

Moderate Ambient Lighting Area

Light commercial business districts and high density or mixed-use residential districts;

iii.

Moderately High Ambient Lighting Area

Recommended default for large cities' business district or areas with nighttime human activity needing higher security or safety.

Non-Permanent Lighting Area

Recommended default for wilderness areas, parks and preserves, and undeveloped rural areas;

ii.

High Ambient Lighting Area

High intensity business or heavy industrial zone districts, not appropriate for most cities, only for special cases.

For full descriptions of the lighting areas adopted by Red Lodge, see Section 12.4.5.79, Definitions.

Table 4.5.72 Maximum Allowable Backlight, Uplight and Glare (BUG) Ratings
	Low Ambient Lighting Area	Moderate Ambient Lighting Area	Moderately High Ambient Lighting Area
Allowed Backlight Rating*
Fixture greater than 2 mounting heights from property line	B3	B4	B5
Fixture 1 to less than 2 mounting heights from property line and ideally oriented**	B2	B3	B4
Fixture 0.5 to 1 mounting heights from property line and ideally oriented**	B1	B2	B3
Fixture less than 0.5 mounting height to property line and properly oriented**	B0	B0	B1
Allowed Uplight Rating
Allowed % light emission above 90 degrees for street or area lighting for any fixture	0%	0%	0%
Allowed Glare Rating***
Any luminaire not ideally oriented with 1 to less than 2 mounting heights to any property line of concern***	G0	G1	G1
Any luminaire not ideally oriented with 0.5 to 1 mounting heights to any property line of concern***	G0	G0	G1
Any luminaire not ideally oriented with less than 0.5 mounting heights to any property line of concern***	G0	G0	G0

*	For property lines that abut public walkways, bikeways, plazas, and parking lots, the property line may be considered to be five feet beyond the actual property line for purpose of determining compliance with this section. For property lines that abut public roadways and public transit corridors, the property line may be considered to be the centerline of the public roadway or public transit corridor for the purpose of determining compliance with this section.
**	To be considered '"ideally oriented," the luminaire must be mounted with the backlight portion of the light output oriented perpendicular and towards the property line of concern.
***	Any luminaire that cannot be mounted with its backlight perpendicular to any property line within two times the mounting heights of the luminaire location shall meet the reduced allowed glare rating.

Lighting Control

Light Distribution – Area and Roadway Lighting

Type 1

Type II

Type III

Type IV

Type V

Prohibitions

The following types of lighting or conditions shall be prohibited:

Light Bulb Types

The installation of any metal halide, mercury vapor, low pressure sodium, or high-pressure sodium fixtures for use as outdoor lighting is prohibited.

Searchlights

The operation of searchlights for advertising or any other purpose is prohibited.

Upcast Lights (Uplight)

Lights mounted on the ground or buildings aimed upward are prohibited.

Off-Site Glare/Light Trespass

Glare or light directed off-site or shining onto the adjacent property or street shall be prohibited.

4.5.73

General Exemptions

The following types of lighting situations are exempt from the standards of this section:

Existing Outdoor Lighting

Broadway Street Lights

Central Business District Alley Lights

Lighting mounted on utility poles within the alleys for safety and security.

Highways

State highways are exempt as they follow jurisdiction of Montana Department of Transportation (MDT) Lighting Standards.

Recreation Facility

Lighting period beyond curfew related to a recreational facility or event in agreement between the City and a User Group by Memorandum of Understanding (MOU), or by application for special permit.

Navigation Lights

Navigation lights at an air navigation facility (MCA 67-1-101 "Definitions and Policy") or similar lights providing a navigational function.

Temporary and Seasonal Lighting

Individual fixtures or arrays that do not exceed 70 lumens.

Lighting Exempted by Ordinance for Special Requirements

Lighting specified or identified in a specific use permit.

4.5.74

Non-Residential Standards

Non-Residential Applicability and Requirements

Any non-residential outdoor lighting installation complies if it meets the requirements outlined below:

Amortization

On or before 10 years from the effective date of this Zoning Ordinance, all non-residential outdoor lighting shall be brought into compliance with this Zoning Ordinance by the property owner.

Residential Streets and Roadway Lights

Recreation Facility

Limits to Off-Site Impacts

All luminaires shall be rated and installed according to Table 4.5.72.

Light Shielding for Parking Lot Illumination

See Section 12.4.5.72(B)(8) for general information about lighting pattern types.

See subsection G, below, describing the Parking Space Method (one to 10 parking spaces) or Hardscape Area Method for a larger number of parking spaces (as in a lot).

Resumption of Use after Abandonment

Lighting Plan Compliance

Prescriptive Method—Total Site Lumen Limit

The total installed initial luminaire lumens is calculated as the sum of the initial luminaire lumens for all luminaires.

Table 4.5.74A Parking Space Method: Allowed Total Initial Luminaire Lumens per Site for Non-residential Outdoor Lighting
Parking Spaces	Allowed Lumens/Space (Moderate Ambient Lighting)	Total Luminaire Lumens/Site (Moderate Ambient Lighting)	Allowed Lumens/Space (Moderately High Ambient Lighting)	Total Luminaire Lumens/Site (Moderately High Ambient Lighting)
1	630 lmns	630	840 lmns	840
2	630 lmns	1,260	840 lmns	1,680
3	630 lmns	1,890	840 lmns	2,520
4	630 lmns	2,520	840 lmns	3,360
5	630 lmns	3,150	840 lmns	4,200
6	630 lmns	3,780	840 lmns	5,040
7	630 lmns	4,410	840 lmns	5,880
8	630 lmns	5,040	840 lmns	6,720
9	630 lmns	5,670	840 lmns	7,560
10	630 lmns	6,300	840 lmns	8,400

Table 4.5.74B Hardscape Area Method: Allowed and Additional Total Initial Lumens per Site for Non-Residential Outdoor Lighting
Lumens/SqFt of Hardscape	Moderate Ambient Lighting	Moderately High Ambient Lighting
Base Allowance
	2.5 lumens per Sq Ft of Hardscape	5.0 lumens per Sq Ft of Hardscape
Additional Allowances for Sales and Service Facilities No more than two additional allowances per site may be added to base allowance
Outdoor Sales Lots. This allowance is lumens per square foot of un-covered sales lots used exclusively for the display of vehicles or other merchandise for sale, and may not include driveways, parking or other non-sales areas. To use this allowance, luminaires must be within 2 mounting heights of sales lot area.	8 lumens per Sq Ft	8 lumens per Sq Ft
Outdoor Sales Frontage. This allowance is for lineal feet of sales frontage immediately adjacent to the principal viewing location(s) and unobstructed for its viewing length. A corner sales lot may include two adjacent sides provided that a different principal viewing location exists for each side. In order to use this allowance, luminaires must be located between the principal viewing location and the frontage outdoor sales area	1,000 lumens per LF	1,500 lumens per LF
Drive Up Windows. In order to use this allowance, luminaires must be within 20 feet horizontal distance of the center of the window.	4,000 lumens per drive-up window	8,000 lumens per drive-up window
Vehicle Service Station. This allowance is lumens per installed fuel pump.	8,000 lumens per pump (based on 10 fc horiz)	8,000 lumens per pump (based on 20 fc horiz)

4.5.75

Non-Residential Exemptions

The following types of lighting situations are exempt from the standards of this section: Bollards, or Similar Light Luminaires (Trail Lighting)

4.5.76

Residential Standards

Residential Applicability and Requirements

Shielding

Landscape Lighting

Shall comply with Table 4.5.77, row 4 and/or 6.

Shall not be aimed onto adjacent properties.

Lighting Plan

4.5.77

Residential Exemptions

One partly shielded or unshielded luminaire at the main entry, not exceeding the allowed lumen output in Table 4.5.77, row 1.

Any other partly shielded or unshielded luminaires not exceeding the allowed lumen output in Table 4.5.77, row 3.

Low voltage landscape lighting aimed away from adjacent properties and not exceeding the allowed lumen output in Table 4.5.77, row 4.

Shielded directional flood lighting aimed so that direct glare is not visible from adjacent properties and not exceeding the allowed lumen output in Table 4.5.77, row 5.

Motion Sensor and/or Time Controlled Lighting

Residential Lighting Exemption Within Limitations

Table 4.5.77 Residential Lighting Limits
Row	Residential Lighting Application	Limit in Low Ambient Lighting Area	Limit in Moderate Ambient Lighting Area
1	Maximum Allowed Luminaire Lumens* for Unshielded Luminaires at one entry only	420 lumens	630 lumens
2	Maximum Allowed Luminaire Lumens* for each Fully Shielded Luminaire	1,260 lumens	1,260 lumens
3	Maximum Allowed Luminaire Lumens* for each Unshielded Luminaire excluding main entry	315 lumens	315 lumens
4	Maximum Allowed Luminaire Lumens* for each Landscape Lighting	Not allowed	1,050 lumens
5	Maximum Allowed Luminaire Lumens* for each Shielded Directional Flood Light	Not allowed	1,260 lumens
6	Maximum Allowed Luminaire Lumens* for each Low Voltage Landscape Lighting	Not allowed	525 lumens

*	Luminaire lumens equals initial lamp lumens for a lamp, multiplied by the number of lamps in the luminaire

4.5.78

Lighting by Special Permit Only

High Intensity and Special Purpose Lighting

The following lighting systems are prohibited from being installed or used except by special use permit:

Temporary lighting in which any single luminaire exceeds 20,000 initial luminaire lumens or the total lighting load exceeds 160,000 lumens.

Aerial lasers.

Searchlights.

Other very intense lighting, defined as having a light source exceeding 200,000 initial luminaire lumens, or an intensity in any direction of more than two million (2,000,000) candelas.

Complex and Non-Conforming Uses

Sports facilities, including, but not limited to, unconditioned rinks, open courts, sports fields, and stadiums.

Construction lighting.

Lighting for industrial sites having special requirements, such as, but not limited to, petrochemical manufacturing or storage, shipping piers, etc.

Parking structures or parking lots.

Urban parks.

Ornamental and architectural lighting of bridges, public monuments, statuary and public buildings.

Theme and amusement parks.

Correctional facilities.

Traffic controls outside the jurisdiction of MDT.

To obtain such a permit, applicants shall demonstrate that the proposed lighting installation:

Has sustained every reasonable effort to mitigate the effects of light on the environment and surrounding properties, supported by a signed statement describing the mitigation measures.

Employs lighting controls to reduce lighting at a project specific curfew time to be established in the permit.

Complies with the general lighting requirements after curfew.

4.5.79

Definitions

Authority.

The adopting municipality, agency or other governing body.

Backlight.

BUG.

A luminaire classification system that classifies backlight (B), uplight (U) and glare (G).

Canopy.

Curfew.

A time defined by the authority when outdoor lighting is reduced or extinguished. City of Red Lodge has established a lighting curfew of 11:00 p.m.

Full-cutoff luminaire.

An IES definition; Zero intensity at or above the horizontal plane (90 degrees nadir) and limited to a value not exceeding 10% of lamp lumens at or above 80 degrees.

Fully shielded luminaire.

Glare.

Lighting entering the eye directly from luminaires or indirectly from reflective surfaces that causes visual discomfort or reduced visibility.

Hardscape.

Hardscape area.

The area measured in square feet of all hardscapes. It is used to calculate the Total Lumen Limit for the Prescriptive Method.

Illuminated sign.

Any informational or advertising sign that is illuminated by either internal or external means.

Illuminating Engineering Society of North America (IES or IESNA).

The professional society of lighting engineers, including those from manufacturing companies, and others professionally involved in lighting.

International Dark-Sky Association (IDA, Inc.).

A non-profit organization whose goals are to build awareness of the value of dark skies, and of the need for quality outdoor lighting.

Kelvin.

The color temperature measured on a scale of one to 10,000 degrees. Kelvin of 3,000 degrees or lower is red/yellow along the spectrum (warmer whites).

Below statements from american medical association (AMA).

Lamp.

Landscape lighting.

Lighting of trees, shrubs, or other plant material as well as ponds and other landscape features.

LED.

Light Emitting Diode.

Lighting.

"Electric" or "man-made" or "artificial" lighting.

Light trespass.

Light that falls beyond the property it is intended to illuminate, falling where it is not wanted or needed. Spill light. Obtrusive light.

Low ambient lighting.

Low voltage landscape lighting.

Landscape lighting powered at less than 15 volts and limited to luminaires having a rated initial luminaire lumen output of 525 lumens or less.

Lumen.

The unit of measure used to quantify the amount of light produced by a lamp or emitted from a luminaire (as distinct from "watt," a measure of power consumption).

Luminaire.

Luminaire lumens.

Moderate ambient lighting.

Moderately high ambient lighting.

Ornamental street lighting.

Designed to mount on a pole using an arm, pendant, or vertical tenon;

Opaque or translucent top and/or sides;

An optical aperture that is either open or enclosed with a flat, sag or drop lens;

Mounted in a fixed position; and

With its photometric output measured using Type C photometry per IESNA LM-75-01.

Outdoor lighting.

Partly shielded luminaire.

A luminaire with opaque top and translucent or perforated sides, designed to emit most light downward.

Sales area.

Uncovered area used for sales of retail goods and materials, including but not limited to automobiles, boats, tractors and other farm equipment, building supplies, and gardening and nursery products.

Seasonal lighting.

Temporary lighting installed and operated in connection with holidays or traditions.

Shielded directional luminaire.

A luminaire that includes an adjustable mounting device allowing aiming in any direction and contains a shield, louver, or baffle to reduce direct view of the lamp.

Sky glow.

Temporary lighting.

Lighting installed and operated for periods not to exceed 60 days, completely removed and not operated again for at least 30 days.

Unshielded luminaire.

A luminaire capable of emitting light in any direction including downwards.

Uplight.

For an exterior luminaire, flux radiated in the hemisphere at or above the horizontal plane. Also referred to as upcast lighting.

(Ord. 957, 5-10-2022)

§ 12.4.5.80 Infrastructure.

4.5.81

Purpose and Intent

4.5.82

Required Infrastructure and Utility Improvements

4.5.83

Public Water Supply, Public Wastewater System

Connection to Municipal Systems

Construction Standards

City, DEQ

Shared Use

All infrastructure lines in new developments shall be located and constructed to allow adjoining properties to access the infrastructure mains at the common property lines.

Developer's Expense

Installation of the required infrastructure shall be the developer's expense except where shared expenses are approved by the City.

City Participation

Agreement

Proportionate Share

Sunset Provision

Any cost sharing agreement shall have a sunset provision or termination provision for reimbursement of infrastructure costs that is no later than 15 years from the execution date of the agreement.

4.5.84

Private Utilities

Underground Installation

All wire and natural gas utilities shall be installed underground except as provided below:

Above Ground Appurtenances

Connections to Above Ground Facilities

Facilities reasonably necessary to connect underground utilities to existing or permitted overhead or above ground facilities shall be allowed above ground.

Existing Facilities

Existing above ground utility facilities may be allowed to remain. It shall not be required to remove or replace existing above ground utility facilities that are useful in serving the development.

Transmission, Distribution Feeder Lines

Overhead electric transmission and distribution feeder lines and overhead long distance communication, trunk and feeder lines shall not be required to be underground.

Construction Standards

All utilities shall be installed and maintained pursuant to the applicable utility company standards.

Structures in Utility Easements

Developer's Expense

4.5.85

Vehicular Circulation

Safe Direct Access

All development shall include safe, legal and physical access to a public street or road. The access may first connect to a private street or road before then connecting to the public street or road.

Shared Use

Circulation Planning

The location, layout, character and extent of legal and physical circulation shall comply with the following standards:

Red Lodge Growth Policy

Legal and physical accesses to public streets shall be consistent with the Red Lodge Growth Policy.

Natural Topography

Accesses, streets and roads shall be designed and constructed to conform to the natural topography to the greatest extent practical and minimize ground disturbance.

Drainage

Accesses, streets and roads shall not block natural drainage ways and shall be designed and constructed to provide positive storm water runoff.

Number of Access

The allowed number of access shall be determined by the Red Lodge Subdivision Regulations.

No Commercial Access Through Residential

Emergency Access

All development shall provide safe and efficient access suitable for emergency vehicles.

Street Standards

Street extensions or construction shall be designed and constructed pursuant to the street standards in the Red Lodge Subdivision Regulations.

Arterial Streets

Developer's Expense

The construction of the required accesses, streets or roads shall be the developer's expense except where shared expenses are approved by the City.

City Participation

Agreement

Proportionate Share

Sunset Provision

Any cost-sharing agreement shall have a sunset provision or termination provision for reimbursement of infrastructure costs that is no later than 15 years from the execution date of the agreement.

4.5.86

Pedestrian Access

The following italicized text (strikethrough) has been left in the document for historic clarification purposes, and as noted above its requirements are no longer in effect.

~~A. Exemptions~~

~~B. ADA~~

~~All sidewalks shall be constructed in compliance with the Americans with Disabilities Act (ADA).~~

~~C. Commercial Development~~

~~Commercial developments, not exempted above, shall provide a sidewalk from the entrance of the commercial development to the public right-of-way.~~

~~D. Construction Standards~~

~~Sidewalks shall be designed and constructed to comply with the construction specifications and widths as adopted in the Red Lodge Subdivision Regulations.~~

~~E. Developer's Expense~~

~~Sidewalks shall be designed and constructed at the developer's expense.~~

4.5.87

Development Agreement

Agreement Required

Content of Agreement

A Development Agreement shall contain, but not be limited to, the following items.

Site Plan

The Development Agreement shall incorporate or reference an approved development plan.

Required Improvements

Detailed description of infrastructure and other improvements required as part of the approved development including specifications.

Costs

Costs of the improvements required in the initial phase and projected costs of improvements of any future phases.

Phasing Plan/Schedule for Completion

An established schedule of completion required in the initial phase and a projected completion schedule of any future phases.

City Completion

A process by which the City may, if necessary, complete the required improvements using the surety or financial guarantee provided by the developer.

Renegotiation

A process by which either the developer or the City may request a renegotiation of the agreement.

Transfer

A process by which the agreement may be transferred with the prior written approval of the City Council.

Guarantee

The form of the financial surety or guarantee shall be specified.

Warranty

A statement or warranty for the materials and workmanship pursuant to subsection G, Warranty of Improvements, below.

Phasing

The construction of public infrastructure or improvements may be phased in accordance with an approved phasing plan.

Effect of Agreement

An approved Development Agreement shall create a legal contract binding the parties to the contract.

Guarantee

Inspection and Acceptance of Improvements

Inspection Required

Developer Request

Upon completion of the infrastructure or improvements, the developer shall submit to the Zoning Administrator a written request for a Certificate of Compliance or acceptance.

Improvements Accepted

Fees

Warranty of Improvements

Warranty Enforcement

The warranty shall be enforced or secured by one of the following methods.

Escrow

An escrow account containing funds equal to 125% of the construction costs pursuant to Article 12.2.4, Guarantee of Public Improvements, in the Red Lodge Subdivision Regulations.

Letter of Credit

Use of Funds

Release of Funds

4.5.88

Livestock Prohibited

The keeping or raising of domestic livestock or fowl for show, breeding or other purposes is prohibited in the City limits; except as otherwise permitted in the Municipal Code.

(Ord. 957, 5-10-2022)

§ 12.4.5.90 Storm Water Management Erosion Control.

4.5.91

Purpose and Intent

4.5.92

Applicability

4.5.93

Exemptions

Development in the Central Business Zoning District (C-4) shall be exempt from this section.

4.5.94

Storm Water Runoff and Erosion Control Plan

4.5.95

Standards

Pre-Development Discharge

The post-development runoff rate from the site shall not exceed the pre-development runoff rate. Storm water retention areas may be required to comply with this standard.

Velocities Minimized

Runoff velocities shall be minimized and the receiving drainage ways shall be designed and constructed to accommodate the runoff.

One hundred Year Detention

On-site storm water facilities shall be designed and constructed to detain a 100 year storm event that is 24 hours in duration, while meeting subsection A, Pre-Development Discharge.

Maintenance

Storm water facilities shall be continually maintained to ensure on-going compliance with this section.

Retention of Vegetation

Existing natural vegetation shall be maintained as much as practical and disturbed areas that do not receive structures or impervious surfaces shall be revegetated.

Disturbed Areas Minimized

The amount of ground area disturbed at any one time shall be minimized as much as practical.

Silt Fencing

Silt fencing, hay bales or comparable techniques shall be used to prevent sediment from leaving the site due to erosion during construction and until the site is fully vegetated.

Water Quality

Water quality of nearby streams, wetlands or other riparian areas shall be protected by the use of vegetative buffer or other techniques.

(Ord. 957, 5-10-2022)

§ 12.4.5.100 Operational Performance Standards.

4.5.101

Purpose and Intent

4.5.102

Air Quality

4.5.103

Combustibles and Explosives

The storage of combustible and explosive materials shall comply with applicable standards of the Red Lodge Fire Prevention and Safety Code and the applicable building codes.

4.5.104

Hazardous Materials Storage

State, Federal Regulations

Other City Codes

4.5.105

Noise

Noise Levels

Developments and land uses shall not create noises that exceed the levels established in Table 4.5.105.

Exceptions

Notwithstanding the noise limitations established in Table 4.5.105, exceptions to the subsection are:

If you have a City-issued building permit, construction activities are exempt from the maximum sound level for any given district from 7:00 AM to 10:00 PM level for any given district.

Measurement

Noise levels shall be measured at the property line of the development or land use generating the noise and shall be measured with a sound meter.

Table 4.5.105 Noise Levels
Zoning District in Which the Sound Is Generated	Maximum Sound Level	Quiet Hours Unless Exempted by 4.5.105(B)
R-1, R-2	65 dBA	Reduce to 55 dBA from 10:00 p.m. to 6:00 a.m.
R-3, R-4, C-1	70 dBA	Reduce to 60 dBA from 10:00 p.m. to 6:00 a.m.
C-2, C-3	80 dBA	Reduce to 70 dBA from 12:00 a.m. to 7:00 a.m.
C-4	85 dBA	Reduce to 75 dBA from 12:00 p.m. to 7:00 a.m.
P-1, P-2	80 dBA	Reduce to 70 dBA from 10:00 p.m. to 6:00 a.m.

(Ord. 957, 5-10-2022)

§ 12.4.5.110 Building Design.

Street Wall Length and Shape

Roof Standards

Historic Character

(Ord. 957, 5-10-2022)

Red Lodge City Zoning Code

ARTICLE 12

4.5 Standards of General Applicability

§ 12.4.5.10 Purpose and Intent.

(Ord. 957, 5-10-2022)

§ 12.4.5.20 Hillside Developments.

4.5.21

Purpose and Intent

This section is intended to provide for the orderly and reasonable use of hillside areas while protecting public health, safety and general welfare by accomplishing the following.

Soil Conditions

Steer development to locations that have stable soil and utilize appropriate engineering techniques that accommodate the natural site conditions as determined by the natural slope of the site.

Maintain Natural Conditions

Minimize alterations to natural hillsides to maintain significant landforms and natural drainage patterns.

Intensity

Permit an intensity of development compatible with the natural characteristics of hillside terrain.

Public Services

Promote cost effective public services by encouraging development in less steeply sloped areas and ensuring adequate access for emergency vehicles.

Safety

4.5.22

Applicability

4.5.23

Grading and Filling

Amount of Grading Permitted

Ungraded Area

The undeveloped portion of the site that is not graded or filled shall be maintained in an undisturbed state with natural grade and vegetation.

Table 4.5.23 Percent Grading or Filling Allowed on Slopes
Slope	Percent Allowed Grading
8-15%	70
15.1-20%	50
20.1-25%	30
>25%	0
Minor and isolated slope variations occurring over a run of 10 feet or less are exempt.

4.5.24

Lot Coverage

Amount of Coverage Permitted

Uncovered Area

Table 4.5.24 Percent Lot Coverage Allowed on Slopes
Slope	Percent Coverage Allowed
0-15%	NA
15.1-20%	15
20.1-25%	10
>25%	0
Minor and isolated slope variations occurring over a run of 10 feet or less are exempt

4.5.25

Cuts and Fills

Maximum Grade

The slope of a cut or fill grade shall not exceed two to one (2:1) grade to allow revegetation.

Setback

The toe of a fill slope, or top of a cut or fill slope, shall be set back from the property line at least one-half (½) the height of the cut or fill slope.

Toe of Natural Slope

Cutting the toe of a natural slope is prohibited.

4.5.26

Drainage

Natural drainage channels shall be preserved.

4.5.27

Soils and Hillside Stability

Development shall not be located on unstable soils or in rock slide or avalanche areas. The Zoning Administrator may require a geotechnical study to determine the stability of soils and hillslope.

4.5.28

Retaining Walls/Fencing

(Ord. 957, 5-10-2022)

§ 12.4.5.30 Environmental Regulations.

4.5.31

Wetlands

4.5.32

Water Quality

4.5.33

Air Quality

4.5.34

Subsidence

4.5.35

Rock Creek, Floodplain

All development shall be set back at least 50 feet from the Ordinary High Water Mark (OHWM) of Rock Creek. The OHWM is to be determined consistent with the following U.S. Army Corps. definition:

Floodplain Hazard Management standards set forth in Title 12, Chapter 3 of the City of Red Lodge Municipal Code.

(Ord. 957, 5-10-2022)

§ 12.4.5.40 Parking and Loading Standards.

4.5.41

Purpose and Intent

4.5.42

Applicability

Notwithstanding, development and uses located in the Central Business District (C-4) are exempt from the parking requirement.

Required Parking

Uses Not Identified and Excess Parking

Parking for Physical Disabilities

Parking lots shall provide parking for persons with physical disabilities pursuant to the currently adopted International Building Codes, and all other applicable regulations.

Office of the Americans with Disabilities Act, Civil Rights Division, U.S. Department of Justice, 950 Pennsylvania Avenue NW, Housing and Civil Enforcement Section, Washington, DC

U.S. Department of Justice, 950 Pennsylvania Avenue, Civil Rights Division, Disability Rights Section, Washington, DC

Change of Use

Expansion

4.5.43

Computation of Required Spaces

For the purpose of computing off-street parking spaces required by this section, the following rules shall apply:

Gross Floor Area

Floor area shall mean gross floor area unless otherwise specified for a particular use.

Bench Seating

Churches and other places of assembly in which benches or pews are used in place of seats, each 24 inches in length of such benches or pews shall be counted as one seat.

Fractions

Table 4.5.43 Required Off-Street Parking
Residential
1 Dwelling	2/du
2 Dwellings	1.5/du
≥3 Dwellings ≥2 Bedrooms	1.5/du
ADU/Guest House	0/du
Efficiency/Studio Units	1/du
Assisted Living	.5/du
1 Bedroom Apartments	1/du
Commercial
Auto, Vehicle Sales	1/salesperson
Auto, Vehicle Service	2.5/ service bay
Bank	1/250 sf + 2 stacking spaces per drive up
Bed & Breakfast	0.5/1 room
Restaurants	1/3 seats
Fast Food Restaurants	1/4 seats
Bars/Gaming Establishments	1/3 seats
Hotel & Motel	1/room
Conference w/ Lodging	.5/seat
Restaurant w/ Lodging	1/4 seats
Retail	3/1,000 sf
Office
General Professional	3/1,000 sf
Medical & Dental	3/1,000 sf
Public & Quasi Public
Day Care, Family	2
Day Care, Group	1/staff plus 5
Government Buildings	2/1,000 sf
Health Care Facility, Long-Term Care Facility	1/3 employee & 1/3 beds
Library	1/600 sf
School, Elementary or Jr. High	1/staff & faculty
School, Senior High	1/staff & faculty & 1/10 students
Worship Facility	1/5 seats
Business or Trade	1/5 seats staff
Auditorium	1/3 seats or 1/150 sf
Recreation & Entertainment
Bowling Alley	3/alley
Golf Course	4/ hole
Indoor Entertainment	5.5/1,000 sf
Miniature Golf Course	1/hole
Private Health Club	4/court & 1/200 other sf
Public Assembly	1/3 seats
Theater	1/3 seats
Industrial
Freight, Distribution	2/3 employees
Manufacturing, Assembly	2/3 employees
Mini-Storage	1/10 units
Warehousing	2/3 employees
Notes: du = dwelling unit; sf = square feet

4.5.44

Parking Lot Design

All required parking spaces shall comply with the standards of this subsection.

Size

Parking spaces shall be at least nine feet by 18 feet in size and have a minimum head clearance of seven feet; except that parallel spaces may have width of eight feet.

Setbacks

Parking shall not be located in the required minimum front setback.

Surfacing, Grading

All off-street parking and access drives shall be paved with asphalt, concrete or an approved permeable surface, and shall be graded and drained to shed all surface water.

Parking lots shall comply with Section 12.4.5.90, Storm Water Management and Erosion Control.

Parking Areas

All parking lots, landscape islands, and drive lanes shall be designed and constructed as shown below.

(Note: Off-street parking spaces shall not be situated at an angle less than 45 degrees, except parallel parking shall be permitted.)

Full-Size Car
Angle	0º	45º	60º	90º
Width	8'	9'	9'	9'
Length	24'	18'	18'	18'
Aisle Width	12' (one-way) 24' (two-way)	16'	22'	24'

Compact Car
Angle	0º	45º	60º	90º
Width	8'	8'	8'	8'
Length	22'	16'	16'	16'
Aisle Width	12' (one-way) 24' (two-way)	16'	22'	24'

Snow Storage

A snow storage area at least 2% of the size of the parking lot, drive aisles, and circulation area shall be provided to avoid the loss of required parking spaces to snow storage.

Tree Cover

Residential Garages

Parking spaces in residential garages shall count toward residential parking requirements.

Lighting

Parking lot illumination shall meet applicable lighting standards found in Section 12.4.5.70.

4.5.45

Access, Curb Cuts

4.5.46

Parking Lots on Broadway

New Buildings Facing Broadway, Side Street

Any new building facing Broadway or a side street between Broadway and alleys paralleling Broadway on the east or west shall:

Provide at least one parking space at the rear of the building.

Parking Along U.S. Highway 212

Off-street parking shall not abut U.S. Highway 212 between Two Mile Bridge Road and the southern City limits.

4.5.47

Loading Area Standards

Clearance

Loading areas shall contain a vertical clearance of at least 14 feet.

Dimension

Loading areas shall be at least 12 feet wide and 35 feet deep.

Location, Design

4.5.48

Shared Parking

When parking is required as part of a Conditional Use Permit, the developer may reach an agreement with a neighboring property to reduce new parking spaces.

General

Shared parking is allowed among different categories of uses or among uses with different hours of operation, but not both.

Up to 20% of required parking spaces for any use may be used jointly by a temporary commercial use.

Shared parking may be located off-site, subject to the regulations of subsection (E)(2) below.

Required accessible parking spaces (for persons with disabilities) may not be shared and must be located on site.

Shared Parking for Different Categories of Uses

A use may share parking with a different category of use according to only one of the following subsections:

If office, retail sales and residential uses share off-street parking, the applicant may elect to use any one of the shared parking reductions of subsection (B)(1).

Shared Parking for Uses with Different Hours of Operation

For the purposes of this section, the following uses are considered daytime uses:

Customer service and administrative offices;

Retail sales uses, except restaurants, lodging uses, and entertainment-related uses;

Warehousing, wholesaling, and freight movement uses;

Manufacturing, production and industrial service uses; and

Other similar primarily daytime uses, as determined by the Zoning Administrator.

For the purposes of this section, the following uses are considered nighttime or weekend uses:

Auditoriums accessory to public or private schools;

Religious assembly uses;

Entertainment-related uses, such as theaters, bowling alleys, and dance halls; and

Other similar primarily nighttime or weekend uses, as determined by the Zoning Administrator.

The applicant must show that there is no substantial conflict in the principal operating hours of the uses for which shared parking is proposed.

General, Location of Off-Street Parking

Except as otherwise expressly stated, required off-street parking spaces must be located on the same parcel as the building or use they are required to serve.

Off-Site Parking

General

Location

Control of Off-Site Parking Area

Use of Off-Street Parking Areas

Required off-street parking areas may be used solely for the temporary parking of licensed motor vehicles in operating condition.

Required off-street parking spaces may not be used for the display of goods for sale or lease or for storage of building materials.

No commercial motor vehicle repair work of any kind is permitted in a required parking space.

Driveway Parking Area Design

Parking areas must be laid out and designed in accordance with Municipal Code requirements and City standards and specifications.

4.5.49

Bicycle Parking

Commercial Business

A minimum of two bicycle parking spaces are required for every 10 automobile parking spaces required.

Multifamily Housing

A minimum of two bicycle-parking spaces are required for multifamily housing units of at least five units.

Industrial

A minimum of one bicycle parking space is required for every 20 automobile parking spaces required.

(Ord. 957, 5-10-2022)

§ 12.4.5.50 Intersection Visibility.

4.5.51

Purpose and Intent

The purpose of this section is to avoid traffic hazards that occur from obstructed visibility at intersections of streets, alleys and driveways.

4.5.52

Applicability

The standards of this section apply to all development not exempted below. The standards of this section shall not apply to:

Existing Buildings

Permanent buildings existing on the effective date of this Zoning Ordinance.

Controlled Intersections

Stop sign controlled or traffic signal controlled intersections in the Central Business District (C-4).

4.5.53

Establishment of Sight Triangle

4.5.54

Standard

Height

Trees

Within the sight triangle, trees shall be permitted as long as only the tree trunk (no leaves, limbs, etc.) is visible within eight feet of the ground.

(Ord. 957, 5-10-2022)

§ 12.4.5.60 Landscaping.

4.5.61

Purpose and Intent

4.5.62

Applicability

The standards of this section shall apply to the following types of development.

New Development

All new developments and expansions of existing developments that result in an increase of more than 1,000 square feet of gross floor area shall comply with this section.

Change of Use

The change of use of an existing development shall comply with this section.

Conditions

Landscaping may be required as a condition of a Variance or the rezoning of a lot or parcel of land.

4.5.63

Landscape Plan

Plan Required

Plan Contents

The Zoning Administrator shall establish a checklist of items required in a Landscape Plan.

Plan Review

Review of the Landscape Plan shall be performed concurrently with the Development Plan it accompanies.

4.5.64

Landscape Standards

Minimum Number of Trees

The applicant shall select from the options described below for providing the required number of trees.

Overstory Trees

A minimum of one deciduous overstory tree or one large evergreen tree per 5,000 square feet of lot or parcel area; or

Understory Trees

A minimum of four understory trees or four small evergreen trees per 5,000 square feet of lot or parcel area.

Additional Landscape Screening

Minimum Tree Sizes and Type

Overstory Trees

Deciduous overstory trees shall be a minimum two inch caliper at breast height (DBH) and projected to reach a height of 40 feet at maturity.

Large Evergreen Trees

Large evergreen trees shall be at least six feet tall and projected to reach a height of 40 feet at maturity.

Understory Trees

Deciduous understory trees or ornamental trees shall be a minimum of one and one-half (1½) inch caliper at breast height (DBH).

Small Evergreen Trees

Small evergreen trees shall be at least five feet tall.

Design Elements

Landscape Plans shall be designed and installed to meet the following standards.

Landscape Area

Use of Landscape Planting

Landscape plans shall be designed and installed to landscape required setbacks, screen parking lots, soften the mass of buildings and buffer neighboring property from new development.

Landscape Material

Landscape plans shall use plant material that minimizes attraction to wildlife other than songbirds, e.g. berries.

Maintenance

(Ord. 957, 5-10-2022)

§ 12.4.5.70 Lighting.

4.5.71

Purpose and Intent

4.5.72

General Standards

This section sets out the requirements that apply to all outdoor lighting, both residential and non-residential.

Conformance with all Applicable Codes

All outdoor lighting shall be installed in conformance with the provisions of this Zoning Ordinance, applicable Electrical and Energy Codes, and applicable sections of the Building Code.

Applicability and Requirements

New Uses or Structures, or Change of Use

Additions or Alterations

Major Additions

Minor Modifications, Additions, or New Lighting Fixtures for Non-Residential and Multiple Dwellings

Any new lighting shall meet the requirements of this Zoning Ordinance.

Full Cutoff Luminaire

A full explanation of BUG rating codes, their meaning and how they are calculated is described in Appendix 12.4.1.6, "Bug Rating System and Nighttime LED Lighting."

Figure 1—Backlight, Uplight, and Glare (BUG) Ratings for Outdoor Lighting

Shielding

Figure 2—Examples of Lighting Fixtures Published by IDA to Demonstrate Acceptable vs. Unacceptable Lighting Fixtures

Lamps

Figure 3—Color Temperature Scale Measured in Kelvin

Backlight, Uplight and Glare (BUG) Rated Luminaires

For a full explanation of BUG rating descriptions and how they're calculated, see Appendix 12.4.1.6.

Table 4.5.72 has been especially prepared for Red Lodge by adopting the three most applicable classifications/lighting zones from IESNA and IDA's MLO as indicated below:

Low Ambient Lighting Area

Single or two-family residential areas;

ii.

Moderate Ambient Lighting Area

Light commercial business districts and high density or mixed-use residential districts;

iii.

Moderately High Ambient Lighting Area

Recommended default for large cities' business district or areas with nighttime human activity needing higher security or safety.

Non-Permanent Lighting Area

Recommended default for wilderness areas, parks and preserves, and undeveloped rural areas;

ii.

High Ambient Lighting Area

High intensity business or heavy industrial zone districts, not appropriate for most cities, only for special cases.

For full descriptions of the lighting areas adopted by Red Lodge, see Section 12.4.5.79, Definitions.

Table 4.5.72 Maximum Allowable Backlight, Uplight and Glare (BUG) Ratings
	Low Ambient Lighting Area	Moderate Ambient Lighting Area	Moderately High Ambient Lighting Area
Allowed Backlight Rating*
Fixture greater than 2 mounting heights from property line	B3	B4	B5
Fixture 1 to less than 2 mounting heights from property line and ideally oriented**	B2	B3	B4
Fixture 0.5 to 1 mounting heights from property line and ideally oriented**	B1	B2	B3
Fixture less than 0.5 mounting height to property line and properly oriented**	B0	B0	B1
Allowed Uplight Rating
Allowed % light emission above 90 degrees for street or area lighting for any fixture	0%	0%	0%
Allowed Glare Rating***
Any luminaire not ideally oriented with 1 to less than 2 mounting heights to any property line of concern***	G0	G1	G1
Any luminaire not ideally oriented with 0.5 to 1 mounting heights to any property line of concern***	G0	G0	G1
Any luminaire not ideally oriented with less than 0.5 mounting heights to any property line of concern***	G0	G0	G0

*	For property lines that abut public walkways, bikeways, plazas, and parking lots, the property line may be considered to be five feet beyond the actual property line for purpose of determining compliance with this section. For property lines that abut public roadways and public transit corridors, the property line may be considered to be the centerline of the public roadway or public transit corridor for the purpose of determining compliance with this section.
**	To be considered '"ideally oriented," the luminaire must be mounted with the backlight portion of the light output oriented perpendicular and towards the property line of concern.
***	Any luminaire that cannot be mounted with its backlight perpendicular to any property line within two times the mounting heights of the luminaire location shall meet the reduced allowed glare rating.

Lighting Control

Light Distribution – Area and Roadway Lighting

Type 1

Type II

Type III

Type IV

Type V

Prohibitions

The following types of lighting or conditions shall be prohibited:

Light Bulb Types

The installation of any metal halide, mercury vapor, low pressure sodium, or high-pressure sodium fixtures for use as outdoor lighting is prohibited.

Searchlights

The operation of searchlights for advertising or any other purpose is prohibited.

Upcast Lights (Uplight)

Lights mounted on the ground or buildings aimed upward are prohibited.

Off-Site Glare/Light Trespass

Glare or light directed off-site or shining onto the adjacent property or street shall be prohibited.

4.5.73

General Exemptions

The following types of lighting situations are exempt from the standards of this section:

Existing Outdoor Lighting

Broadway Street Lights

Central Business District Alley Lights

Lighting mounted on utility poles within the alleys for safety and security.

Highways

State highways are exempt as they follow jurisdiction of Montana Department of Transportation (MDT) Lighting Standards.

Recreation Facility

Lighting period beyond curfew related to a recreational facility or event in agreement between the City and a User Group by Memorandum of Understanding (MOU), or by application for special permit.

Navigation Lights

Navigation lights at an air navigation facility (MCA 67-1-101 "Definitions and Policy") or similar lights providing a navigational function.

Temporary and Seasonal Lighting

Individual fixtures or arrays that do not exceed 70 lumens.

Lighting Exempted by Ordinance for Special Requirements

Lighting specified or identified in a specific use permit.

4.5.74

Non-Residential Standards

Non-Residential Applicability and Requirements

Any non-residential outdoor lighting installation complies if it meets the requirements outlined below:

Amortization

On or before 10 years from the effective date of this Zoning Ordinance, all non-residential outdoor lighting shall be brought into compliance with this Zoning Ordinance by the property owner.

Residential Streets and Roadway Lights

Recreation Facility

Limits to Off-Site Impacts

All luminaires shall be rated and installed according to Table 4.5.72.

Light Shielding for Parking Lot Illumination

See Section 12.4.5.72(B)(8) for general information about lighting pattern types.

See subsection G, below, describing the Parking Space Method (one to 10 parking spaces) or Hardscape Area Method for a larger number of parking spaces (as in a lot).

Resumption of Use after Abandonment

Lighting Plan Compliance

Prescriptive Method—Total Site Lumen Limit

The total installed initial luminaire lumens is calculated as the sum of the initial luminaire lumens for all luminaires.

Table 4.5.74A Parking Space Method: Allowed Total Initial Luminaire Lumens per Site for Non-residential Outdoor Lighting
Parking Spaces	Allowed Lumens/Space (Moderate Ambient Lighting)	Total Luminaire Lumens/Site (Moderate Ambient Lighting)	Allowed Lumens/Space (Moderately High Ambient Lighting)	Total Luminaire Lumens/Site (Moderately High Ambient Lighting)
1	630 lmns	630	840 lmns	840
2	630 lmns	1,260	840 lmns	1,680
3	630 lmns	1,890	840 lmns	2,520
4	630 lmns	2,520	840 lmns	3,360
5	630 lmns	3,150	840 lmns	4,200
6	630 lmns	3,780	840 lmns	5,040
7	630 lmns	4,410	840 lmns	5,880
8	630 lmns	5,040	840 lmns	6,720
9	630 lmns	5,670	840 lmns	7,560
10	630 lmns	6,300	840 lmns	8,400

Table 4.5.74B Hardscape Area Method: Allowed and Additional Total Initial Lumens per Site for Non-Residential Outdoor Lighting
Lumens/SqFt of Hardscape	Moderate Ambient Lighting	Moderately High Ambient Lighting
Base Allowance
	2.5 lumens per Sq Ft of Hardscape	5.0 lumens per Sq Ft of Hardscape
Additional Allowances for Sales and Service Facilities No more than two additional allowances per site may be added to base allowance
Outdoor Sales Lots. This allowance is lumens per square foot of un-covered sales lots used exclusively for the display of vehicles or other merchandise for sale, and may not include driveways, parking or other non-sales areas. To use this allowance, luminaires must be within 2 mounting heights of sales lot area.	8 lumens per Sq Ft	8 lumens per Sq Ft
Outdoor Sales Frontage. This allowance is for lineal feet of sales frontage immediately adjacent to the principal viewing location(s) and unobstructed for its viewing length. A corner sales lot may include two adjacent sides provided that a different principal viewing location exists for each side. In order to use this allowance, luminaires must be located between the principal viewing location and the frontage outdoor sales area	1,000 lumens per LF	1,500 lumens per LF
Drive Up Windows. In order to use this allowance, luminaires must be within 20 feet horizontal distance of the center of the window.	4,000 lumens per drive-up window	8,000 lumens per drive-up window
Vehicle Service Station. This allowance is lumens per installed fuel pump.	8,000 lumens per pump (based on 10 fc horiz)	8,000 lumens per pump (based on 20 fc horiz)

4.5.75

Non-Residential Exemptions

The following types of lighting situations are exempt from the standards of this section: Bollards, or Similar Light Luminaires (Trail Lighting)

4.5.76

Residential Standards

Residential Applicability and Requirements

Shielding

Landscape Lighting

Shall comply with Table 4.5.77, row 4 and/or 6.

Shall not be aimed onto adjacent properties.

Lighting Plan

4.5.77

Residential Exemptions

One partly shielded or unshielded luminaire at the main entry, not exceeding the allowed lumen output in Table 4.5.77, row 1.

Any other partly shielded or unshielded luminaires not exceeding the allowed lumen output in Table 4.5.77, row 3.

Low voltage landscape lighting aimed away from adjacent properties and not exceeding the allowed lumen output in Table 4.5.77, row 4.

Shielded directional flood lighting aimed so that direct glare is not visible from adjacent properties and not exceeding the allowed lumen output in Table 4.5.77, row 5.

Motion Sensor and/or Time Controlled Lighting

Residential Lighting Exemption Within Limitations

Table 4.5.77 Residential Lighting Limits
Row	Residential Lighting Application	Limit in Low Ambient Lighting Area	Limit in Moderate Ambient Lighting Area
1	Maximum Allowed Luminaire Lumens* for Unshielded Luminaires at one entry only	420 lumens	630 lumens
2	Maximum Allowed Luminaire Lumens* for each Fully Shielded Luminaire	1,260 lumens	1,260 lumens
3	Maximum Allowed Luminaire Lumens* for each Unshielded Luminaire excluding main entry	315 lumens	315 lumens
4	Maximum Allowed Luminaire Lumens* for each Landscape Lighting	Not allowed	1,050 lumens
5	Maximum Allowed Luminaire Lumens* for each Shielded Directional Flood Light	Not allowed	1,260 lumens
6	Maximum Allowed Luminaire Lumens* for each Low Voltage Landscape Lighting	Not allowed	525 lumens

*	Luminaire lumens equals initial lamp lumens for a lamp, multiplied by the number of lamps in the luminaire

4.5.78

Lighting by Special Permit Only

High Intensity and Special Purpose Lighting

The following lighting systems are prohibited from being installed or used except by special use permit:

Temporary lighting in which any single luminaire exceeds 20,000 initial luminaire lumens or the total lighting load exceeds 160,000 lumens.

Aerial lasers.

Searchlights.

Other very intense lighting, defined as having a light source exceeding 200,000 initial luminaire lumens, or an intensity in any direction of more than two million (2,000,000) candelas.

Complex and Non-Conforming Uses

Sports facilities, including, but not limited to, unconditioned rinks, open courts, sports fields, and stadiums.

Construction lighting.

Lighting for industrial sites having special requirements, such as, but not limited to, petrochemical manufacturing or storage, shipping piers, etc.

Parking structures or parking lots.

Urban parks.

Ornamental and architectural lighting of bridges, public monuments, statuary and public buildings.

Theme and amusement parks.

Correctional facilities.

Traffic controls outside the jurisdiction of MDT.

To obtain such a permit, applicants shall demonstrate that the proposed lighting installation:

Has sustained every reasonable effort to mitigate the effects of light on the environment and surrounding properties, supported by a signed statement describing the mitigation measures.

Employs lighting controls to reduce lighting at a project specific curfew time to be established in the permit.

Complies with the general lighting requirements after curfew.

4.5.79

Definitions

Authority.

The adopting municipality, agency or other governing body.

Backlight.

BUG.

A luminaire classification system that classifies backlight (B), uplight (U) and glare (G).

Canopy.

Curfew.

A time defined by the authority when outdoor lighting is reduced or extinguished. City of Red Lodge has established a lighting curfew of 11:00 p.m.

Full-cutoff luminaire.

An IES definition; Zero intensity at or above the horizontal plane (90 degrees nadir) and limited to a value not exceeding 10% of lamp lumens at or above 80 degrees.

Fully shielded luminaire.

Glare.

Lighting entering the eye directly from luminaires or indirectly from reflective surfaces that causes visual discomfort or reduced visibility.

Hardscape.

Hardscape area.

The area measured in square feet of all hardscapes. It is used to calculate the Total Lumen Limit for the Prescriptive Method.

Illuminated sign.

Any informational or advertising sign that is illuminated by either internal or external means.

Illuminating Engineering Society of North America (IES or IESNA).

The professional society of lighting engineers, including those from manufacturing companies, and others professionally involved in lighting.

International Dark-Sky Association (IDA, Inc.).

A non-profit organization whose goals are to build awareness of the value of dark skies, and of the need for quality outdoor lighting.

Kelvin.

The color temperature measured on a scale of one to 10,000 degrees. Kelvin of 3,000 degrees or lower is red/yellow along the spectrum (warmer whites).

Below statements from american medical association (AMA).

Lamp.

Landscape lighting.

Lighting of trees, shrubs, or other plant material as well as ponds and other landscape features.

LED.

Light Emitting Diode.

Lighting.

"Electric" or "man-made" or "artificial" lighting.

Light trespass.

Light that falls beyond the property it is intended to illuminate, falling where it is not wanted or needed. Spill light. Obtrusive light.

Low ambient lighting.

Low voltage landscape lighting.

Landscape lighting powered at less than 15 volts and limited to luminaires having a rated initial luminaire lumen output of 525 lumens or less.

Lumen.

The unit of measure used to quantify the amount of light produced by a lamp or emitted from a luminaire (as distinct from "watt," a measure of power consumption).

Luminaire.

Luminaire lumens.

Moderate ambient lighting.

Moderately high ambient lighting.

Ornamental street lighting.

Designed to mount on a pole using an arm, pendant, or vertical tenon;

Opaque or translucent top and/or sides;

An optical aperture that is either open or enclosed with a flat, sag or drop lens;

Mounted in a fixed position; and

With its photometric output measured using Type C photometry per IESNA LM-75-01.

Outdoor lighting.

Partly shielded luminaire.

A luminaire with opaque top and translucent or perforated sides, designed to emit most light downward.

Sales area.

Uncovered area used for sales of retail goods and materials, including but not limited to automobiles, boats, tractors and other farm equipment, building supplies, and gardening and nursery products.

Seasonal lighting.

Temporary lighting installed and operated in connection with holidays or traditions.

Shielded directional luminaire.

A luminaire that includes an adjustable mounting device allowing aiming in any direction and contains a shield, louver, or baffle to reduce direct view of the lamp.

Sky glow.

Temporary lighting.

Lighting installed and operated for periods not to exceed 60 days, completely removed and not operated again for at least 30 days.

Unshielded luminaire.

A luminaire capable of emitting light in any direction including downwards.

Uplight.

For an exterior luminaire, flux radiated in the hemisphere at or above the horizontal plane. Also referred to as upcast lighting.

(Ord. 957, 5-10-2022)

§ 12.4.5.80 Infrastructure.

4.5.81

Purpose and Intent

4.5.82

Required Infrastructure and Utility Improvements

4.5.83

Public Water Supply, Public Wastewater System

Connection to Municipal Systems

Construction Standards

City, DEQ

Shared Use

All infrastructure lines in new developments shall be located and constructed to allow adjoining properties to access the infrastructure mains at the common property lines.

Developer's Expense

Installation of the required infrastructure shall be the developer's expense except where shared expenses are approved by the City.

City Participation

Agreement

Proportionate Share

Sunset Provision

Any cost sharing agreement shall have a sunset provision or termination provision for reimbursement of infrastructure costs that is no later than 15 years from the execution date of the agreement.

4.5.84

Private Utilities

Underground Installation

All wire and natural gas utilities shall be installed underground except as provided below:

Above Ground Appurtenances

Connections to Above Ground Facilities

Facilities reasonably necessary to connect underground utilities to existing or permitted overhead or above ground facilities shall be allowed above ground.

Existing Facilities

Existing above ground utility facilities may be allowed to remain. It shall not be required to remove or replace existing above ground utility facilities that are useful in serving the development.

Transmission, Distribution Feeder Lines

Overhead electric transmission and distribution feeder lines and overhead long distance communication, trunk and feeder lines shall not be required to be underground.

Construction Standards

All utilities shall be installed and maintained pursuant to the applicable utility company standards.

Structures in Utility Easements

Developer's Expense

4.5.85

Vehicular Circulation

Safe Direct Access

All development shall include safe, legal and physical access to a public street or road. The access may first connect to a private street or road before then connecting to the public street or road.

Shared Use

Circulation Planning

The location, layout, character and extent of legal and physical circulation shall comply with the following standards:

Red Lodge Growth Policy

Legal and physical accesses to public streets shall be consistent with the Red Lodge Growth Policy.

Natural Topography

Accesses, streets and roads shall be designed and constructed to conform to the natural topography to the greatest extent practical and minimize ground disturbance.

Drainage

Accesses, streets and roads shall not block natural drainage ways and shall be designed and constructed to provide positive storm water runoff.

Number of Access

The allowed number of access shall be determined by the Red Lodge Subdivision Regulations.

No Commercial Access Through Residential

Emergency Access

All development shall provide safe and efficient access suitable for emergency vehicles.

Street Standards

Street extensions or construction shall be designed and constructed pursuant to the street standards in the Red Lodge Subdivision Regulations.

Arterial Streets

Developer's Expense

The construction of the required accesses, streets or roads shall be the developer's expense except where shared expenses are approved by the City.

City Participation

Agreement

Proportionate Share

Sunset Provision

Any cost-sharing agreement shall have a sunset provision or termination provision for reimbursement of infrastructure costs that is no later than 15 years from the execution date of the agreement.

4.5.86

Pedestrian Access

The following italicized text (strikethrough) has been left in the document for historic clarification purposes, and as noted above its requirements are no longer in effect.

~~A. Exemptions~~

~~B. ADA~~

~~All sidewalks shall be constructed in compliance with the Americans with Disabilities Act (ADA).~~

~~C. Commercial Development~~

~~Commercial developments, not exempted above, shall provide a sidewalk from the entrance of the commercial development to the public right-of-way.~~

~~D. Construction Standards~~

~~Sidewalks shall be designed and constructed to comply with the construction specifications and widths as adopted in the Red Lodge Subdivision Regulations.~~

~~E. Developer's Expense~~

~~Sidewalks shall be designed and constructed at the developer's expense.~~

4.5.87

Development Agreement

Agreement Required

Content of Agreement

A Development Agreement shall contain, but not be limited to, the following items.

Site Plan

The Development Agreement shall incorporate or reference an approved development plan.

Required Improvements

Detailed description of infrastructure and other improvements required as part of the approved development including specifications.

Costs

Costs of the improvements required in the initial phase and projected costs of improvements of any future phases.

Phasing Plan/Schedule for Completion

An established schedule of completion required in the initial phase and a projected completion schedule of any future phases.

City Completion

A process by which the City may, if necessary, complete the required improvements using the surety or financial guarantee provided by the developer.

Renegotiation

A process by which either the developer or the City may request a renegotiation of the agreement.

Transfer

A process by which the agreement may be transferred with the prior written approval of the City Council.

Guarantee

The form of the financial surety or guarantee shall be specified.

Warranty

A statement or warranty for the materials and workmanship pursuant to subsection G, Warranty of Improvements, below.

Phasing

The construction of public infrastructure or improvements may be phased in accordance with an approved phasing plan.

Effect of Agreement

An approved Development Agreement shall create a legal contract binding the parties to the contract.

Guarantee

Inspection and Acceptance of Improvements

Inspection Required

Developer Request

Upon completion of the infrastructure or improvements, the developer shall submit to the Zoning Administrator a written request for a Certificate of Compliance or acceptance.

Improvements Accepted

Fees

Warranty of Improvements

Warranty Enforcement

The warranty shall be enforced or secured by one of the following methods.

Escrow

An escrow account containing funds equal to 125% of the construction costs pursuant to Article 12.2.4, Guarantee of Public Improvements, in the Red Lodge Subdivision Regulations.

Letter of Credit

Use of Funds

Release of Funds

4.5.88

Livestock Prohibited

The keeping or raising of domestic livestock or fowl for show, breeding or other purposes is prohibited in the City limits; except as otherwise permitted in the Municipal Code.

(Ord. 957, 5-10-2022)

§ 12.4.5.90 Storm Water Management Erosion Control.

4.5.91

Purpose and Intent

4.5.92

Applicability

4.5.93

Exemptions

Development in the Central Business Zoning District (C-4) shall be exempt from this section.

4.5.94

Storm Water Runoff and Erosion Control Plan

4.5.95

Standards

Pre-Development Discharge

The post-development runoff rate from the site shall not exceed the pre-development runoff rate. Storm water retention areas may be required to comply with this standard.

Velocities Minimized

Runoff velocities shall be minimized and the receiving drainage ways shall be designed and constructed to accommodate the runoff.

One hundred Year Detention

On-site storm water facilities shall be designed and constructed to detain a 100 year storm event that is 24 hours in duration, while meeting subsection A, Pre-Development Discharge.

Maintenance

Storm water facilities shall be continually maintained to ensure on-going compliance with this section.

Retention of Vegetation

Existing natural vegetation shall be maintained as much as practical and disturbed areas that do not receive structures or impervious surfaces shall be revegetated.

Disturbed Areas Minimized

The amount of ground area disturbed at any one time shall be minimized as much as practical.

Silt Fencing

Silt fencing, hay bales or comparable techniques shall be used to prevent sediment from leaving the site due to erosion during construction and until the site is fully vegetated.

Water Quality

Water quality of nearby streams, wetlands or other riparian areas shall be protected by the use of vegetative buffer or other techniques.

(Ord. 957, 5-10-2022)

§ 12.4.5.100 Operational Performance Standards.

4.5.101

Purpose and Intent

4.5.102

Air Quality

4.5.103

Combustibles and Explosives

The storage of combustible and explosive materials shall comply with applicable standards of the Red Lodge Fire Prevention and Safety Code and the applicable building codes.

4.5.104

Hazardous Materials Storage

State, Federal Regulations

Other City Codes

4.5.105

Noise

Noise Levels

Developments and land uses shall not create noises that exceed the levels established in Table 4.5.105.

Exceptions

Notwithstanding the noise limitations established in Table 4.5.105, exceptions to the subsection are:

If you have a City-issued building permit, construction activities are exempt from the maximum sound level for any given district from 7:00 AM to 10:00 PM level for any given district.

Measurement

Noise levels shall be measured at the property line of the development or land use generating the noise and shall be measured with a sound meter.

Table 4.5.105 Noise Levels
Zoning District in Which the Sound Is Generated	Maximum Sound Level	Quiet Hours Unless Exempted by 4.5.105(B)
R-1, R-2	65 dBA	Reduce to 55 dBA from 10:00 p.m. to 6:00 a.m.
R-3, R-4, C-1	70 dBA	Reduce to 60 dBA from 10:00 p.m. to 6:00 a.m.
C-2, C-3	80 dBA	Reduce to 70 dBA from 12:00 a.m. to 7:00 a.m.
C-4	85 dBA	Reduce to 75 dBA from 12:00 p.m. to 7:00 a.m.
P-1, P-2	80 dBA	Reduce to 70 dBA from 10:00 p.m. to 6:00 a.m.

(Ord. 957, 5-10-2022)

§ 12.4.5.110 Building Design.

Street Wall Length and Shape

Roof Standards

Historic Character

(Ord. 957, 5-10-2022)