A. Enforcing Agency: The city council is the enforcement agency that is to enforce and supervise the provisions of this title in accordance with Montana law.
B. Officials Or Employees Acting For Council: The city council may appoint a building inspector or other employee to act as its agent, or the city superintendent may act in such capacity, to administer and enforce this title.
C. Duties Of Building Inspector:
1. Primarily, the building inspector or city superintendent administers and enforces this title, and receives applications for building permits, for conditional use permits and for variances. Applications for permits, together with fees, plans, and specifications, are filed with the building inspector or city superintendent for review to determine whether they conform with this title.
2. The building inspector or city superintendent also inspects building sites for conformance with the zoning regulations, receives and investigates complaints involving possible zoning violations, and answers questions concerning this title.
3. The building inspector or city superintendent may order building construction to be stopped whenever such building construction is being conducted in violation of any provision of this title. (Ord. 16.00; amd. Ord. 2.32)
A. Building Permits:
1. No future change in land use shall be made and no building or other structure shall be constructed, altered, added to, torn down, razed or moved until a building permit has been issued covering the proposed work. (Ord. 16.00)
2. Applications for building permits are available from the city clerk-treasurer's office. If the land use, building, or other structure is clearly in conformance with this title, the building permit may be approved by the city council and issued by the building inspector or city superintendent; if not in conformance, the applicant may apply for a variance. (Ord. 16.00; amd. Ord. 2.32)
3. Any building permit issued in violation of the provisions of this title is null and void.
B. Applications For Permits And Variances: Applications for building permits, variances, and conditional use permits are available from the city clerk-treasurer's office.
C. Fees:
1. Before a building permit can be issued, a fee therefor shall be paid by the applicant.
2. An application for a conditional use permit or for a variance shall be accompanied by the required fee.
3. The amount of such fees shall be set by resolution of the city council. (Ord. 16.00)
A. Formation Of Board: The city council may act as a board of adjustment or may provide for the appointment of a board of adjustment, as established in the Montana Code Annotated, as amended.
B. Powers: The board of adjustment shall hear and decide appeals from any determination made by the city council or by the building inspector or city superintendent, applications for conditional uses and for variances, as established in the Montana Code Annotated, as amended. (Ord. 16.00; amd. Ord. 2.32)
A. Authority To Grant Permits: The board of adjustment shall have the authority to grant, in particular cases and subject to appropriate conditions and safeguards, conditional use permits as authorized by this title.
B. Application For Permit; Hearing:
1. The application for a conditional use permit shall accompany the application for a zoning permit. (Ord. 16.00)
2. The application shall be made to the building inspector or city superintendent who shall transmit the application to the board of adjustment for review and recommendations. Thereafter, the board of adjustment shall conduct public hearings and may grant or deny the conditional use requested. (Ord. 16.00; amd. Ord. 2.32)
C. Issuance Criteria: The standards and criteria governing the issuance of conditional use permits are as follows:
1. That the use will not endanger the public health or safety if located where proposed and developed, and that the use will not allow conditions which will tend to generate nuisance conditions such as noise, dust, glare, or vibration.
2. That the use meets all required conditions and specifications set forth in the zoning district where it proposes to be located.
3. That the use will not be injurious or detrimental to adjoining or abutting property, or that the use is a public necessity.
4. That the location and character of the use, if developed according to the plan as submitted and approved, will be in harmony with the area in which it is to be located and in general conformity with the comprehensive plan.
5. In addition, the board of adjustment may impose specific conditions precedent to establishing the use and said conditions may include:
a. Increasing requirements in the standards, criteria, or policies established by this title.
b. Stipulate the exact location as a means of minimizing hazards to life, health, property damage, erosion, landslides or traffic.
c. Impose conditions necessary to establish parity with uses permitted in the same zone in their freedom from nuisance generating features in matters of noise, odors, air pollution, wastes, vibration, traffic or physical hazards.
6. All conditions required by the board of adjustment shall be entered in the minutes of the meeting at which the permit is granted and also on the certificate of the conditional use permit.
7. To ensure the establishment of the above conditions, the board of adjustment shall have the authority to require and approve a specific plan, to increase the requirements set forth in this title, but in no case shall the board of adjustment have the authority to decrease the requirements of this title for any use in the zoning district it proposes to locate. Any such decrease in the requirements of this title shall only be granted upon the issuance of a variance.
D. Denials: If the board of adjustment shall deny the conditional use permit, the reasons for denial shall be entered in the minutes of the meeting at which the permit is denied. In the event of failure to comply with the plans approved by the board of adjustment, or with any conditions imposed upon the conditional use permit, the permit shall thereupon immediately become void and of no effect. (Ord. 16.00)
A. Authority: The board of adjustment shall have the authority to grant a variance from the requirements of this title, after considering the matter at a public hearing duly called, giving notice to adjoining property owners as provided herein.
B. Conditions For Granting Variances:
1. Before any variance can be granted, the board of adjustment shall make findings of fact setting forth and showing that the following circumstances exist:
a. In considering all proposed variances to this title, the board of adjustment shall, before making any findings in a specified case, first determine that the proposed variance will not amount to a rezone and constitute a change in the zoning district boundaries shown on the official zoning map.
b. That special conditions and circumstances exist which are peculiar to the land such as size, shape, topography or location, not applicable to other lands in the same zoning district and that literal interpretation of the provisions of this title would deprive the property owners of rights commonly enjoyed by other properties similarly situated in the same zoning district under the terms of this title.
c. That the special conditions and circumstances do not result from the actions of the applicant.
d. That granting the variance requested will not confer a special privilege to subject property that is denied other lands in the same zoning district.
e. That the granting of the variance will not be materially detrimental to the public welfare or injurious to the property or improvements in the vicinity and zoning district in which subject property is situated.
f. The board of adjustment shall further make a finding that the reasons set forth in the application justify the granting of the variance, and that the variance is the minimum variance that will make possible the reasonable use of the land.
g. The board of adjustment shall further make a finding that the granting of the variance will be in harmony with the general purpose and intent of this title and will not be injurious to the neighborhood, or otherwise detrimental to the public welfare.
h. The fact that property may be utilized more profitably will not be an element of consideration before the board of adjustment.
2. In granting any variance, the board of adjustment may prescribe appropriate conditions and safeguards that will ensure that the purpose and intent of this title shall not be violated. Violation of such conditions and safeguards, when made part of the terms under which the variance is granted, shall be deemed a violation of this title.
3. Under no circumstances shall the board of adjustment grant a variance to permit a use not generally or by conditional use permitted in the zoning district involved, or any use expressly or by implication prohibited, by the terms of this title in said zoning district. (Ord. 16.00)
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