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Belgrade Overview
Belgrade, MT Code of Ordinances
CITY CODE of BELGRADE, MONTANA
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CITY CHARTER
ADMINISTRATIVE CODE
TITLE 1 ADMINISTRATION
TITLE 2 BUSINESS AND LICENSE REGULATIONS
TITLE 3 PUBLIC HEALTH AND SAFETY
TITLE 4 POLICE REGULATIONS
TITLE 5 MOTOR VEHICLES AND TRAFFIC
TITLE 6 FIRE REGULATIONS
TITLE 7 PUBLIC WAYS AND PROPERTY
TITLE 8 BUILDING REGULATIONS
TITLE 9 WATER AND SEWER
TITLE 10 ZONING REGULATIONS
TITLE 11 SUBDIVISION REGULATIONS
TITLE 12 FLOODPLAIN REGULATIONS
TITLE 13 FRANCHISES
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10-6-14: BUILDING PERMITS REQUIRED:
   A.   Permits Required: No buildings or other structures shall be erected, moved, added to, or structurally altered, and no land use shall be established or changed in use, within city limits or property outside the city limits within the extraterritorial limits of this title, without a permit therefore, issued by the Community Development Department.
   B.   Building Permits Approval: Within ninety (90) days after the receipt of a complete application, the Building Official shall either approve, conditionally approve or disapprove the application. Work shall commence within one hundred eighty (180) days of the issuance of a building permit. (Ord. 2023-7, 7-17-2023)
10-6-15: LAND USE PERMITS REQUIRED:
   A.   Permit Required: No buildings or other structures shall be erected, moved, added to, or structurally altered, and no land use shall be established or changed in use, within city limits or property outside the city limits within the extraterritorial limits of this title, without a permit therefore, issued by the Community Development Department.
   B.   Authority To Initiate: Applications for approval of a land use permit may be filed by an applicant or by an eligible applicant’s authorized agent.
   C.   Pre-Application Meeting: Before filing a land use permit application, the applicant or the authorized agent must meet with the planning staff to discuss the proposed project and the applicable procedures.
   D.   Application Filing:
      1.   Application for review and decision by the decision-making authority for land use permits;
         a.   Shall be filed in accordance with the procedures in this Chapter;
         b.   Shall be filed with the City on forms provided by the Community Development Department;
         c.   Shall include all required supplemental information;
         d.   Shall be submitted by the application deadline as established by the City;
         e.   Shall be signed by the applicant and owner attesting to the truth and exactness of all information supplied on the application; and
         f.   Public notice requirements must be met by applicant.
      2.   The planning staff shall verify that the application is complete. If the application still needs to be completed, the planning staff shall return the application to the applicant and inform the applicant of the missing information required for a complete application.
   E.   Transmittal: The application shall be transmitted to City Engineer, Police Department, and Fire Department to review and provide comments. Each Department will return comments to Community Development Director.
   F.   Approval: Within ninety (90) days after the receipt of a complete application, the Community Development Director shall either approve, conditionally approve or disapprove the application. Work shall commence within one hundred and eighty (180) days of the issuance of a land use permit.
   G.   Conformance:
      1.   Required: No permit of any type shall be issued unless in conformance with the regulations contained within this title. Permits issued on the basis of plans and applications approved by the Community Development Director authorize only the use, arrangement and construction outlined in such approved plans and applications and no other use, arrangement, or construction. Any use, arrangement, or construction at variance with that authorized shall be deemed a violation of this title punishable as specified in 10-6-21.
         a.   Conditional Use Permits; Variances: Conditional use permits approved by the city council and variances granted by the board of adjustment shall be deemed in conformance with this title’s terms. However, building permits or land use permits shall be issued only in accordance with the terms outlined in the conditional use permit and variance sections of this title.
      2.   Expiration. Every permit issued by the Community Development Director under the provisions of this chapter shall expire by limitation and become null and void if the building or work authorized by such permit has not commenced within one hundred eighty (180) days from the date of such permit, or if the building or work authorized by such permit is suspended or abandoned at any time after the work is commenced for a period of one hundred eighty (180) days.
         a.   New Permit Required. Before such work can be recommenced, a new permit shall first be obtained to do so, and the fee therefor shall be one-half (½) the amount required for the new permit for such work, provided no changes have been made or will be made in the original plans and specifications for the work; and, provided further, that such suspension or abandonment has not exceeded one year.
      3.   Permits Issued Contrary to Title. Any authorization issued, granted, or approved in violation of the provisions of this title shall be null and void and of no effect without the necessity of any proceedings or revocation or nullification thereof, and any work is undertaken or use established pursuant to any such building permit, or other authorization shall be unlawful. (Ord. 2023-7, 7-17-2023)
10-6-16: APPEALS AND VARIANCES:
   A.   Intent: Zoning variances are intended to provide relief from unnecessary hardships resulting from the strict application of zoning ordinance requirements other than signs.
   B.   Applicability: Only the board of adjustment is authorized to grant zoning variances. The city council is the final decision-making authority on sign regulation variances.
   C.   Appeals To The Board Of Adjustment: Appeals concerning the interpretation or administration of this zoning ordinance may be taken by any person aggrieved or by any officer or bureau of the City affected by any decision of the Community Development Department.
   D.   Variances. The board of adjustment may authorize upon appeal in specific cases such variance from the terms of this zoning ordinance as will not be contrary to the public interest where, owing to special conditions, a literal enforcement of the provisions of this zoning ordinance would result in unnecessary hardship. No nonconforming use of neighboring lands, structures, or buildings in the same district and no permitted or nonconforming use of lands, structures, or buildings in other districts shall be considered grounds for issuance of a variance except as specified in Chapter 10-7. Variances shall not be granted on the grounds of convenience or profit but only where strict application of the provisions of this zoning ordinance would result in unnecessary hardship.
   E.   Application.
      1.   Application for review and decision by the board of adjustment for appeals or modifications (variance):
         a.   Shall be filed in accordance with the procedures in this Chapter;
         b.   Shall be filed with the City on forms provided by the Community Development Department;
         c.   Shall include all required supplemental information;
         d.   Shall be submitted by the application deadline as established by the City;
         e.   Shall be signed by the applicant and owner attesting to the truth and exactness of all information supplied on the application; and
         f.   Public notice requirements must be met by applicant.
      2.   The planning staff shall verify that the application is complete. If the application still needs to be completed, the planning staff shall return the application to the applicant and inform the applicant of the missing information required for a complete application.
   F.   Transmittal: The application shall be transmitted to the board of adjustments for review.
   G.   Investigation. The board of adjustment shall cause to be made such investigation of facts bearing on the application as will provide necessary information to assure that the action on each such application is consistent with the intent and purpose of this title.
   H.   Construction To Cease During Appeal: During the time of appeal, all construction shall cease and shall not commence until such time of approval by the Board of adjustment.
   I.   Public Notices: Public notice of hearings on a variance must be published as required by state law. Public Notice shall follow the procedures specified in 10-6-20.
   J.   Public Hearing Required: There shall be a hearing for each application of appeal or modification. Said hearing shall be held at an appointed time and place within forty-five (45) days of the date of application. Testimony shall be taken by the board of adjustment from persons interested in said application.
   K.   Approval: In approving applications of appeal or modification, the board shall designate such lawful conditions as will secure substantial protection for the public health, safety, and general welfare, and shall find as follows:
      1.   Consistent With Title and/or Growth Policy: Such modifications will not be inconsistent with the intent and purpose of this title and/or any adopted growth policy.
      2.   Unnecessary Hardship: Strict compliance with the provisions of this title would create unnecessary hardship or unreasonable situation on a particular property due to unusual or extreme topography, the unusual shape of the property, or the prevalence of similar conditions in the immediate vicinity of the property.
      3.   Adverse Effect: Such modifications will have a minimal adverse effect on abutting properties or the permitted uses thereof.
      4.   Conditions of Approval: The lawful conditions stated in the approval are deemed necessary to protect the public health, safety, morals, and general welfare, which provisions may include:
         a.   A time period within which the proposed structures shall be erected.
         b.   Requiring landscaping and maintenance thereof.
         c.   Requiring the surfacing and marking of off-street parking and loading areas.
         d.   Any other conditions that will make possible the development of the city in an orderly and efficient manner and conformity with the intent and purpose specified in this section.
      5.   Appeals: Any person or persons, jointly or severally, aggrieved by any decision of the board of adjustment, or any taxpayer, or any officer, department, board, or bureau of the municipality may present to a court of record a petition, duly verified, setting forth that such decision is illegal, in whole or in part, specifying the grounds of the illegality. Such petition shall be presented to the court within thirty (30) days after the filing of the decision in the office of the board of adjustment.
      6.   Time Decision Effective: The decision of the board of adjustment shall be final except as specified in this subsection, and if a building permit or occupancy permit is not obtained for the subject property within one hundred eighty (180) days from the date of the board of adjustment decision, the variance shall be automatically canceled and become null and void.
   L.   Limits On Refiling Of Applications: Where the board of adjustment has denied an application for Appeal or Variance, no new application for the same purpose shall be filed within one hundred eighty (180) days from the date the previous denial became final unless all of the following conditions are met in the following order:
      1.   The applicant submits in writing to the chairperson of the board, which rendered the original decision for denial. This request explains the reason for refiling an application for the same purpose.
      2.   Within ten (10) working days of the submitted written request, the chairperson of the board who rendered the original decision for denial for causes substantially documented grants permission to do so.
      3.   The applicant submits a complete application and pays all applicable fees by the application deadline for the next meeting date to have the request heard by the applicable board. (Ord. 2023-7, 7-17-2023)
10-6-17: SIGN VARIANCE:
Requests for variances from the sign regulations of Chapter 5 are processed following the zoning variance procedures specified in 10-6-16, except the planning board, rather than the board of adjustment, holds the required hearing and makes the final decision. (Ord. 2023-7, 7-17-2023)
10-6-18: SITE PLAN REVIEW:
   A.   Purpose: This section establishes a procedure to ensure that timely, competent review of site plans as a means of determining whether such plans comply with the applicable regulations of this zoning ordinance and to enable the city to plan for and review certain proposed improvements of property in order to:
      1.   Implement community policies on physical development;
      2.   Provide for efficient, rational allocation of scarce facilities and resources;
      3.   Promote economy and efficiency in the provision and improvement of municipal services through the regulation of development; and
      4.   Ensure the orderliness, quality, and character of the development of property in the city, prevent foreclosure of future development opportunities, and facilitate coordination of land usage with planned and available facilities and resources.
   B.   Applicability: Site Plan review is required for all multi-family, mixed-use, and nonresidential development. Site Plan review could be required for land use and conditional use permits. Site Plan review requirements shall be confirmed during the pre-application meeting with planning staff.
   C.   Application:
      1.   Applications must be submitted to the planning staff. All applications must include plans and other information necessary to allow for a thorough review of the proposed plans, as indicated by requirements on the site plan review submittal checklist developed by the planning staff.
         a.   Shall be filed with the City on forms provided by the Community Development Department;
         b.   Shall include all required supplemental information as indicated in this subsection and the checklist provided by the community development department; including a landscaping plan as specified in 10-4-3.
         c.   Shall be submitted by the application deadline as established by the City;
         d.   Shall be signed by the applicant and owner attesting to the truth and exactness of all information supplied on the application; and
         e.   Public notice requirements must be met by applicant.
      2.   The planning staff shall verify that the application is complete. If the application still needs to be completed, the planning staff shall return the application to the applicant and inform the applicant of the missing information required for a complete application.
   D.   Preapplication Meeting: Before filing a site plan application, the applicant or authorized agent must meet with the planning staff to discuss the proposed site plan and the applicable procedures.
   E.   Department And Agency Comments: Following receipt of a complete site plan application, the zoning administrator is authorized to request comments from any city departments and external agencies with regulatory responsibility or related interests in the review of the proposed site plan.
   F.   Review And Decision-Making Process:
      1.   Upon receipt of a complete application for approval of a site plan, the community development director must review the proposed site plan, obtain any department or agency comments and share all administrative review comments with the applicant.
      2.   To be considered for further review, the applicant must resubmit any revised site plan and explain how each administrative comment was addressed. Upon receipt of a complete resubmittal package, the planning staff must provide any written administrative comments that require further revision.
      3.   The community development director must take action to approve the proposed site plan, approve the proposed site plan subject to conditions or deny approval of the proposed site plan within sixty (60) days of the date of the latest site plan submittal unless the applicant waives the required timeframe for action.
      4.   If an application for site plan approval is denied, the reasons for denial must be stated in writing, specifying the aspects of the plan that are not in compliance with applicable regulations. If a site plan application is denied, a new application may be submitted for further consideration.
      5.   If a site plan is approved subject to specific conditions and all administrative review comments, the applicant must revise the site plan in accordance with those conditions and comments and resubmit the plan for review. The community development director must act on all resubmitted site plans within twenty (20) business days of their receipt.
      6.   If a site plan is approved, the applicant must submit signed and dated digital and reproducible copies of the site plan to the planning staff, and the community development director will issue an approval memo.
      7.   The planning staff will retain a copy of the approved site plan in the department’s permanent files.
   G.   Effective Date Of Site Plan Approval: An approved site plan becomes effective upon certification by the community development director. If an appeal is filed, a site plan does not become effective until all appeals have been decided.
   H.   Lapse Of Site Plan Approval: An approved site plan will lapse and have no further effect one year after it is approved unless:
      1.   A building permit has been issued (if required);
      2.   The use or structure has been lawfully established; or
      3.   A different lapse of approval period or point of expiration has been expressly established by the decision-making body.
   I.   Permits And Continuing Compliance:
      1.   No permit may be issued for any development requiring site plan approval until a site plan has been submitted and certified approved for such development in accordance with this section unless the community development director determines that the site plan is in substantial conformance and phased permits can be issued.
      2.   A permanent certificate of occupancy may be issued for such development once all terms and conditions of the approved site plan have been satisfactorily completed or provided for.
      3.   Construction, grading, or other development activities may be carried out only in compliance with the certified site plan.
      4.   When a site plan has been approved for property pursuant to this section, the property must be used and maintained in compliance with the approved site plan. No person may use property in a manner or physical condition that does not conform to the approved site plan for such property.
   J.   Resubmission And Amendments:
      1.   Resubmission of any site plan due to changes required or made to the site plan as previously submitted may be made in accordance with schedule of fees adopted by the city council.
      2.   An approved site plan may be amended in accordance with the site plan review procedures of this section. However, the community development director is authorized to waive applicable review and approval procedures and fees if the community development director determines that a proposed amendment involves only a minor change in the approved site plan. Any waiver by the community development director must be in writing.
      3.   If a site plan is resubmitted for final approval and the planning staff determines that the site plan does not comply with conditions imposed by the decision-making body, the applicant may elect to either:
         a.   Revise the site plan to comply with required conditions in accordance with the interpretation of the conditions by the planning staff; or
         b.   Submit a written request by letter or email communication that the resubmission will be processed as an amendment to the site plan.
   K.   Appeals:
      1.   The applicant may appeal the community development director’s final site plan decision by filing a written notice of and reasons for the appeal with the planning staff by three (3) days after the action date from which the appeal is sought.
      2.   All appeals of interpretations or final decisions of the zoning administrator must be placed on the agenda of the planning board within 30 days of the date that written notice of the appeal was filed with the planning staff unless the applicant agrees to an extension of time for planning board action. (Ord. 2023-7, 7-17-2023)
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