This chapter shall be known and cited as the Zoning Ordinance of the Town of Whitehall, except when cited herein, where it shall be referred to as "this chapter."

(Amendment of 8-12-2024(1))

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

(Amendment of 8-12-2024(1))

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

(Amendment of 8-12-2024(1))

(a)

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 Town's adopted growth policy; and to meet the requirements of state law.

(b)

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 chapter; regulating the development and use of land.

(c)

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).

(Amendment of 8-12-2024(1))

(a)

In their interpretation and application, the provisions of this chapter 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 chapter are at variance with the requirements of any other lawfully adopted rules or regulations, or wherever there is an internal conflict within this chapter, the most restrictive requirements, or that imposing the higher standards, shall govern.

(b)

In the case of a difference of meaning or implication between the text of this chapter and the captions or headings for each section, the text shall control.

(c)

When interpreting the meaning of this chapter, 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.

(d)

These regulations shall apply uniformly within each zoning district to each class or kind of structure, land or development as set forth in this chapter, but the regulations in one district may differ from those in other districts.

(Amendment of 8-12-2024(1))

(a)

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 article IX.

(b)

All town-owned land shall be subject to applicable regulations of the underlying zoning district. Development of such land shall be subject to approval by the town council upon review as may be required by this chapter.

(Amendment of 8-12-2024(1))

If a proposed development lies partly within the Town of Whitehall and partly within Jefferson County the proposed development must be submitted to and approved by both the Town and the applicable jurisdiction.

(Amendment of 8-12-2024(1))

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

(Amendment of 8-12-2024(1))