This title shall be known and cited as the Zoning Ordinance of the City of Townsend, except when cited herein, where it shall be referred to as “this title.”

This title is adopted by authority of §76-2-301 et seq., MCA.

These regulations govern the development and use of land within the limits of the City of Townsend and lands annexed to the City of Townsend. These regulations shall apply to all private and public lands, all uses thereon, and all structures and buildings over which the City has jurisdiction under the constitution and laws of the State of Montana or pursuant to the City’s powers.

1. The intent of this zoning ordinance is to protect the public health, public safety, and general welfare; to recognize and balance the various rights and responsibilities relating to land ownership, use, and development identified in the United States and State of Montana constitutions, and statutory and common law; to implement the City’s adopted growth policy; and to meet the requirements of state law.
2. It is the purpose of these regulations to promote the public health, public safety, and general welfare by preventing the creation of private or public nuisances caused by non-compliance with the standards and procedures of this title; regulating the development and use of land.
3. The criteria and guidelines for zoning regulations is that zoning regulations must be made in accordance with a growth policy; and designed to secure safety from fire and other dangers; promote public health, public safety, and the general welfare; and facilitate the adequate provision of transportation, water, sewerage, schools, parks, and other public requirements. In the adoption of zoning regulations, the municipal governing body shall consider reasonable provision of adequate light and air; the effect on motorized and non-motorized transportation systems; promotion of compatible urban growth; the character of the district and its peculiar suitability for particular uses; and conserving the value of buildings and encouraging the most appropriate use of land throughout the jurisdictional area. (§76-2-304, MCA).
4. Further, the intent of this zoning ordinance is to:
   
   1. Ensure that the land uses of a community are properly situated in relation to one another, providing adequate space for each type of development, and preventing problems associated with incompatible uses.
   2. Control the density of development in each area of the community so that property can be adequately serviced by such public facilities as streets, schools, and recreation and utility systems.
   3. Direct new growth into appropriate areas.
   4. Protect existing property by requiring that development afford adequate light, air and privacy for persons living and working within the municipality.
   5. Improve the quality of the physical environment of the community.
   6. Protect and maintain property values.
   7. Preserve and develop the economic base of the community.
   8. Encourage the provision of affordable housing for families of all income levels.

1. In their interpretation and application, the provisions of this title shall be held to be minimum requirements adopted for the promotion of the health, safety, and general welfare of the community. In some instances, the public interest will be best served when such minimums are exceeded. Wherever the requirements of this title are at variance with the requirements of any other lawfully adopted rules or regulations, or wherever there is an internal conflict within this title, the most restrictive requirements, or that imposing the higher standards, shall govern.
2. In the case of a difference of meaning or implication between the text of this title and the captions or headings for each section, the text shall control.
3. When interpreting the meaning of this title, subsections of the ordinance shall be construed in a manner that will give effect to them all as the ordinance derives its meaning from the entire body of text taken together.
4. These regulations shall apply uniformly within each zoning district to each class or kind of structure, land or development as set forth in this title, but the regulations in one district may differ from those in other districts.

1. No land shall hereafter be used or occupied, and no building, structure or part thereof shall hereafter be erected, constructed, reconstructed, moved, or structurally altered, and no development shall commence unless it is in conformity with all of the regulations herein specified for the district in which it is located. For nonconforming uses, see TMC 13.32.
2. All City-owned land shall be subject to applicable regulations of the underlying zoning district. Development of such land shall be subject to approval by the City Council upon review of the reviewing body as may be required by this title.

1. If a proposed development lies partly within the City of Townsend and partly within Broadwater County, the proposed development must be submitted to and approved by both the City and the applicable jurisdiction.
   

1. This title is not intended to affect any existing private agreement or condition such as a deed restriction or covenant. If any provision of this title is more restrictive or imposes a higher standard than any such private restriction, the requirements of this title shall control. Where the provisions of any private restriction are more restrictive or impose higher standards than the provisions of this title, the City has no duty to enforce such private restrictions or advise of their existence. The City may enforce a private restriction if the City is a party to such covenant or restriction if such restriction was required by the City. The City may prohibit private restrictions that violate matters of law.
   

1. Where any word, phrase, clause, sentence, paragraph, or section or other part of these regulations is held invalid by a court of competent jurisdiction by express inclusion in the decision to be invalid, such judgment shall affect only that part held invalid and such decision shall not affect, impair, or nullify this title as a whole or any other part thereof. Insofar as these regulations are more restrictive than any other local law, these regulations shall be controlling, and if any other law is more restrictive, the higher standard shall take precedence over a standard set forth in these regulations.