TITLE 11
ZONING REGULATIONS
CHAPTER 1
LEGAL AND ADMINISTRATIVE PROVISIONS
SECTION:
11-1-1: Title
11-1-2: Authority
11-1-3: Intent And Purpose
11-1-4: Jurisdictional Area
11-1-5: Application Of Regulations
11-1-6: Official Zoning Map
11-1-7: Zoning Administrator
11-1-8: Zoning Commission
11-1-9: Zoning Board Of Adjustment (ZBA)
11-1-10: Plan Appeals Procedure
11-1-11: Fees, Charges And Expenses
11-1-12: Violations And Penalties
11-1-13: Text Amendment And Rezoning Changes
11-1-14: Severability
11-1-1: TITLE:
This title shall be known and cited as the ZONING ORDINANCE OF THE TOWN OF ENNIS, MONTANA. (Ord. 131, 3-14-2002)
11-1-2: AUTHORITY:
This zoning ordinance is adopted under the authority of the municipal zoning enabling act 1 . (Ord. 131, 3-14-2002)

 

Notes

1
1. MCA §§ 76-2-301 through 76-2-328.
11-1-3: INTENT AND PURPOSE:
The intent and purpose of this title is to implement applicable goals, objectives and policies of the 1996 comprehensive plan. The comprehensive plan's stated policies set forth below are concrete commitments to act. They are few in number but of overriding importance to the future of the Ennis community. The operative word in each statement is "shall":
   A.   Stop Suburban Sprawl: All governmental actions, including infrastructure development, regulatory procedures or administrative practices, shall be designed and executed to stop "suburban sprawl". For example, enact regulations and incentives to control the development of lands abutting existing highways and to concentrate development in existing neighborhoods that can be more efficiently serviced by community infrastructure and facilities.
   B.   Protect Natural Environment: Measures shall be enacted and enforced to protect the area's natural environment. Such measures include, for example: storm water management, wetland and flood susceptibility areas protection and agricultural land/open space preservation.
   C.   Retain Small Town Character: Measures appropriate and essential to maintaining the "small town" character and the unique Ennis quality of life shall be implemented. Such measures include: facilitating affordable housing, keeping Main Street traffic lanes and parking as they are presently configured and enacting new zoning and other regulatory provisions providing in town development incentives balanced by qualitative design requirements.
   D.   Protect Agricultural Lands: Agricultural lands shall be protected from infringement by urban development. Protective actions include: adopting and enforcing regulatory codes designed to preserve economically sustainable agricultural units while affording farmers and ranchers opportunity to market a limited number of development rights consistent with the other goals, objectives and policies of this plan; and, by rejecting development proposals that will result in farm and ranch operational conflicts and higher real estate and special interest district taxes.
   E.   Promote Basic Sector Jobs: Private and public entities providing basic sector employment opportunities shall be afforded assistance and reasonable incentives to locate and expand in the Ennis area provided they do not adversely impact the "plan's goals, objectives and foregoing policies". (Ord. 131, 3-14-2002)
11-1-4: JURISDICTIONAL AREA:
The zoning jurisdiction of the town shall include the land within the town's corporate limits and within the extraterritorial zoning jurisdiction boundaries established and shown on the "Official Zoning Map, City of Ennis, Montana". The ordinance provisions and procedures shall be in accordance with this title. (Ord. 131, 3-14-2002)
11-1-5: APPLICATION OF REGULATIONS:
   A.   Compliance Required: Land and structures within the jurisdictional area may only be used or occupied, and structures or parts thereof may only be erected, moved, or altered, in accordance with the provisions of this title.
   B.   Responsibility Of Owner: The owner of land or structures shall be responsible for tenants' compliance with this title.
   C.   Zoning Relationship To Other Codes: The requirements of this zoning ordinance operate in addition to those requirements established under other town codes, except that where conflicts with other town codes may occur these zoning requirements shall govern.
   D.   Zoning Relationship To Covenants: Recorded covenants and restrictions, more restrictive than these zoning provisions, shall govern provided they are properly drafted and recorded and are enforceable at law. Zoning requirements that are more restrictive than covenants and restrictions shall govern. The town of Ennis shall not be held responsible for the enforcement of private covenants and restrictions.
   E.   Existing Property Uses Exempt: All regulations adopted by the town shall pertain to future use of property and not affect the existing use of property. Any change of land use or structures are subject to the provisions set forth in this title. (Ord. 131, 3-14-2002)
11-1-6: OFFICIAL ZONING MAP:
   A.   Incorporated By Reference: The "Official Zoning Map of Ennis, Montana" and all notations, references and other information shown on the map are hereby incorporated by reference and made a part of this title. It shall be the final authority as to the current status of zoning districts in the town of Ennis zoning jurisdictional area.
   B.   Maintaining And Revising Map: The official zoning map, prepared on a stable, reproducible material suitable for revisions and additions, shall be kept in a secure location. The map shall:
      1.   Signature: Bear the mayor's signature, attested by the town clerk-treasurer, together with the date the ordinance was adopted.
      2.   Seal: Bear the town of Ennis seal under the following words: "This shall certify that this is the Ennis, Montana Official Zoning Map referred to in Section 01.06 of Ordinance # 131 of the Town of Ennis, Montana".
      3.   Revisions: The official zoning map may be amended or revised only in conformity with the procedures specified in this title. Whenever the town commission makes any revisions to the zoning districts, the revisions shall be promptly entered upon the map and a signed and dated certification attached to the map. No amendment to district boundaries shall become effective until those revisions have been made and are presented to the town commission by the zoning administrator.
      4.   Control And Filing: The official zoning map shall be maintained under the control of the zoning administrator or responsible delegate at all times. A copy of the official zoning map, duly certified by the zoning administrator, shall be filed in the office of the town clerk-treasurer. Each revision to the official zoning map adopted by the town commission, duly certified by the zoning administrator, shall likewise be filed in the town clerk-treasurer's office.
   C.   Loss, Damage, Destruction And Replacement: In the event that the official zoning map is damaged, destroyed, lost or becomes difficult to interpret, the town commission may, by resolution, adopt a new official zoning map which shall supersede the prior official zoning map. The new official zoning map may correct drafting errors or omissions in the prior map, but no such corrections shall have the effect of amending the original official zoning map or subsequent amendment thereof. The new map shall be certified in the same manner as the original zoning map, noting that it supersedes the prior map. (Ord. 131, 3-14-2002)
11-1-7: ZONING ADMINISTRATOR:
   A.   Employment Responsibility: The town commission shall employ the zoning administrator. The zoning administrator may delegate certain functions but shall retain final responsibility for administering and enforcing the regulations under the direction of the town commission.
   B.   Duties: The zoning administrator shall administer the zoning permit provisions set forth in this title and shall:
      1.   Receive: Receive applications for zoning permit, conditional use permit, rezoning requests and variance requests.
      2.   Review: Review applications and plans; issue zoning permits; and inspect premises and properties.
      3.   Notice: Notify, in writing, any person violating this title and order appropriate corrective action.
      4.   Order Removal: Order illegal use of land, structures, or buildings to be terminated and illegal buildings or structures; or additions, alterations or structural changes thereto, to be removed.
      5.   Order Compliance: Order any illegal work being undertaken to immediately cease; or take any other action authorized by this title to ensure compliance with its provisions.
      6.   Stop Orders: Assure that stop work orders remain in effect until advised by the town commission or its authorized representative, in writing, that the application and/or project has been brought into compliance with these regulations;
      7.   Advise: Serve as an advisor to the zoning commission, board of adjustment and town commission on matters relating to administration and enforcement of this title.
      8.   Prepare Reports: Prepare staff reports as required under this title.
      9.   Record: Prepare and maintain records of all proceedings required or authorized under this title.
   C.   Right Of Entry: The zoning administrator may enter premises at reasonable times to conduct necessary inspections to enforce the provisions of the zoning ordinance. If the zoning administrator has reasonable cause to believe that there is a condition or ordinance violation which makes a sign or premises unsafe, dangerous or hazardous, the zoning administrator may enter the premises at such times to perform the duties imposed by this title. If the building or premises are occupied, the zoning administrator shall first present proper credentials and request entry. If the building or premises is unoccupied, the zoning administrator shall first make a reasonable effort to locate the owner or other person having charge or control of the building or premises and request entry. If entry is refused, the zoning administrator or the authorized representative shall have recourse to the remedies provided by law to secure entry. (Ord. 131, 3-14-2002)
11-1-8: ZONING COMMISSION:
   A.   Established: There is hereby established the "Town of Ennis Zoning Commission".
   B.   Membership; Terms; Procedures: The town commission shall appoint the members of the zoning commission. Town planning board members may serve as members of the zoning commission and, if so appointed, shall serve terms concurrent with their respective planning board terms. The zoning commission shall establish orderly procedures for the conduct of business.
   C.   Duties: Pursuant to authority of Montana Statutes, the zoning commission shall recommend to the town commission, the establishment of various zoning districts, requirements and enforcement procedures. The commission shall make a preliminary report setting forth its recommendations and after public hearing(s), make a final report upon its findings to the town commission. The town commission shall hold public hearing(s) upon the ordinance and zoning commission's final report and take such action upon the commission's recommendations as deemed appropriate. (Ord. 131, 3-14-2002)
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