The title shall be known as “The Comprehensive Zoning Ordinance” of the town of Concrete shall hereafter be referred to as this title.
(Ord. 426 § 10.03.010, 1998)
(1)
The purpose of this title is to implement the town of Concrete comprehensive plan. This title will be used to further the growth and development of the town of Concrete consistent with the adopted comprehensive plan and its implementing elements. This title will also further the purpose of promoting the health, safety, morals, convenience, comfort, prosperity, and general welfare of the town's population.
(2)
The specific zones and regulations herein are designed to facilitate adequate provisions of utilities, schools, parks and housing with essential light, air, privacy, and open space; to lessen congestion on streets and facilitate the safe movement of traffic thereon; to provide safe nonmotorized trails and pedestrian walkways; to stabilize and enhance property values; to prevent the overcrowding of land; to facilitate adequate provisions for doing public and private business and thereby safeguard the community's economic structure upon which the prosperity and welfare of all depends and through such achievements help ensure the safety and security of home life, foster good citizenship, create and preserve a more healthful, serviceable and attractive municipality and environment in which to live.
(3)
To most effectively accomplish these purposes, this title divides the town into zones wherein the location, height and use of buildings, the use of land, the size of yards and other open space, and the provision of off-street parking and loading are regulated and restricted in accordance with the comprehensive plan for the town of Concrete. These zones and regulations are hereby deemed necessary and are made with reasonable consideration, among other things, as to the character of each zone and its particular suitability for specific uses, the need for such uses, the common rights and interests of all within the zone as well as those of the general public, and with the view of conserving and encouraging the most appropriate use of land throughout the town.
(Ord. 426 § 10.03.020, 1998)
(1)
The provisions of this title shall apply to both public and private use of land within the corporate limits of the town of Concrete and within the urban growth area boundaries.
(2)
Hereafter, no use shall be conducted, and no building, structure and appurtenance shall be erected, relocated, remodeled, reconstructed, altered or enlarged unless in compliance with the provisions of this title, and then only after securing all permits and approvals required hereby. It shall be unlawful to build or use any building or structure or to use premises for any purpose or use other than the uses listed as being permitted in the district in which such building, land, or premises are located.
(3)
Any building, structure or use lawfully existing at the time of passage of this title, although not in compliance therewith, may continue as provided in Chapter 19.66 CMC.
(4)
In interpreting and applying the provisions of this title, the town planner shall be held to be the minimum requirements for the promotion of the public health, safety, and general welfare. It is not intended by this title to interfere with, abrogate or annul any easements, covenants or other agreements between private parties. However, where this title imposes a greater restriction upon the use of land and/or building or in general requires higher standards than other ordinances, rules, or private agreements, the provisions of this title shall govern.
(5)
No division of land shall occur unless in compliance with the provisions of this title.
(6)
This title is not intended to regulate the erection, construction, or reconstruction of public streets, power poles, street lights, utility lift stations, transmission lines, or other public uses necessary to support the general public welfare, carried on by the town of Concrete, or agents of the town working under the appropriate contract or franchise.
(7)
A land use permit issued pursuant to Chapter 19.68 CMC shall be required to establish or change use as provided by this title. Issuance of a building permit shall constitute the land use permit for a Type I decision as described in CMC § 19.68.030(1).
(Ord. 426 § 10.03.030, 1998; Ord. 900 § 2 (Att. A ( 1)), 2025)
(1)
The town planner shall be authorized to interpret the meaning of words, phrases and sentences which relate to the determining of uses permitted in the various districts, approval or disapproval of development plans, or other related zoning actions.
(2)
The town planner may permit other uses in a zone other than those which are listed, if the planner determines the use is consistent with the intent of the zone and is of the same general character of the uses permitted within the zone.
(3)
The town planner may promulgate administrative rules in accordance with the State Administrative Procedures Act to clarify the application and interpretation of the title.
(Ord. 426 § 10.03.040, 1998)
Prior to any parcel of land being annexed to the town, the property may be zoned consistent with the Concrete zoning districts and the comprehensive plan amended if necessary.
Application for the rezone and necessary amendment may be done simultaneously with the request for annexation.
For property that is not zoned prior to annexation the property shall assume the residential designation upon annexation.
If applicable, the planner may be empowered to initiate a rezone application from the residential designation to a zone compatible with the comprehensive plan. This rezone process shall occur within six months of the date of annexation.
(Ord. 426 § 10.03.050, 1998)
The administrative provisions of this title, including Chapters 19.68 (The Land Use Permit Process) and 19.84 (Enforcement) CMC, shall apply to enforcement of CMC Title 17, Subdivisions; Chapter 12.04 CMC, Engineering Design Standards; Chapter 15.08 CMC, Floodplain Management; Chapter 16.04 CMC, State Environmental Policy Act; and Chapter 16.12 CMC, Critical Areas Regulations (CAR), to the extent applicable.
(Ord. 426 § 10.03.060, 1998; Ord. 649, 2009)