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)
11-1-9: ZONING BOARD OF ADJUSTMENT (ZBA):
   A.   Established; Membership; Terms; Removal: The zoning board of adjustment (ZBA) is hereby established to decide hardship variance applications and to decide ordinance interpretation appeals. The town commission shall appoint five (5) members to the zoning board of adjustment, each for three (3) year terms except that in the initial appointment, one member shall be appointed for a one-year term, two (2) for two (2) year terms, and two (2) for three (3) year terms. Members of the zoning board of adjustment may be removed from office by the town commission for cause upon written charges and after public hearing. Vacancies on the zoning board of adjustment shall be filled by resolution of the town commission for the unexpired term of the member affected.
   B.   Powers: The zoning board of adjustment shall have the following powers unless otherwise reserved by the town commission:
      1.   Grant Variances: Grant variances from the various standards of this title where the board determines that:
         a.   Granting a variance will not be contrary to the public interest;
         b.   Where owing to circumstances unique to a specific property a literal enforcement of the provisions of these regulations will result in undue hardship of the land;
         c.   Where the spirit of the ordinance will be observed and substantial justice done; and
         d.   The result of such variance will be consistent with goals, objectives and policies of the comprehensive plan.
      2.   Modify Certain Provisions: Approve, deny or conditionally approve any variance request to modify the following requirements of this title:
         a.   Setback requirements;
         b.   Yard requirements;
         c.   Area requirements;
         d.   Height and bulk requirements;
         e.   Parking requirements; and
         f.   Loading requirements.
      3.   Rule On Interpretation And Application Appeals: Hear and decide appeals alleging an administrative official incorrectly interpreted and applied the provisions of this title. Appeals shall be filed a form provided by the zoning administrator. A copy of the form is included in chapter 5 of this title.
   C.   Express Prohibitions: The zoning board of adjustment shall be expressly prohibited from granting:
      1.   Use Variances: Under no circumstances may the zoning board of adjustment grant a variance that would allow the use of land or buildings not permissible under the terms of this title.
      2.   Variances Based Upon Neighboring Uses: Neither the nonconforming use of neighboring lands, structures or buildings in the same zoning district, nor the permitted or nonconforming use of lands, structures or buildings in other zoning districts shall be considered grounds for the issuance of a variance.
   D.   Organization And Proceedings: The zoning board of adjustment shall organize itself and proceed as follows:
      1.   Organization: The zoning board of adjustment shall select one of its members as chairman and shall adopt rules necessary to conducts its affairs. Meetings shall be held at the call of the chairman and at such other times as the zoning board of adjustment may determine but shall be duly noticed and open to the public. The chairman, or in his/her absence, the acting chairman, may administer oaths and may compel the attendance of witnesses.
      2.   Proceedings: The zoning board of adjustment shall keep minutes of its proceedings, recording the vote of each member upon each question, or if absent or failing to vote, indicating such fact. Records shall be kept of the zoning board of adjustment's examinations or other official actions and immediately filed in the zoning board of adjustment office in the town hall where they shall be available for public inspection. (Ord. 131, 3-14-2002)
11-1-10: PLAN APPEALS PROCEDURE:
   A.   Application: Appeals from decisions of the zoning administrator, and boards and town commission to agencies of town government and the courts are set forth in various sections of this title. These appeals are permitted under the provisions of this section in the manner set forth below:
      1.   These appeals procedures shall apply to the decisions brought forth by the following:
         a.   Zoning administrator.
         b.   Planning board.
         c.   Zoning board of appeals.
         d.   Town commission.
      2.   Appeals from any agency shall follow the following order:
         a.   Zoning administrator to the zoning board of appeals.
         b.   Planning board to the town commission.
         c.   Town commission and zoning board of appeals to the courts.
   B.   Appeal Of Final Decision: Any aggrieved person may appeal the final decision of any agency to which this appeals procedure applies in the manner prescribed in this section.
   C.   Filing Notice Of Appeal:
      1.   An appeal must be filed with the zoning administrator within seven (7) calendar days of the final decision of the agency to which this appeal applies. Such appeal shall include the following:
         a.   The action of the agency which is the subject of appeal;
         b.   The date of such action;
         c.   The name, address, telephone number and relationship of the appellant to the subject of the action of the agency;
         d.   The grounds for the appeal, including specific allegations to be considered on appeal.
   D.   Notice Of Appeal: Notification of appeal procedures shall be included in the initial posting and notice of the proposal. Once a documented appeal has been filed, the property in question will be posted and a notice of the appeal hearing provided to the local newspaper of general circulation.
   E.   Scheduling Of Hearing: The dates, times and locations for hearing appeal(s) before the appropriate body(s) shall be included in the reposting of the property in question, and in the notice of the appeal hearing provided to the local newspaper of general circulation. All such hearings must be held within thirty (30) days of receiving the appeal.
   F.   Procedure Of Hearing:
      1.   At the hearing on the appeal, the steps enumerated below will be followed. Only arguments and evidence relevant to the grounds for the appeal shall be presented. The presentation of arguments on the merits of the appeal shall be made in the following order, subject to such limitations in time and scope as may be imposed at the direction of the presiding officer:
         a.   Explanation of the nature of the appeal and presentation by the zoning administrator;
         b.   Presentation of argument by the appellant and any person in support of the appellant;
         c.   Presentation of argument by any person who is an opponent of the appeal; and
         d.   Motion, discussion and vote by the appellate body.
      2.   No person making a presentation shall be subject to cross- examination, except that members of the appellate body and the town's legal counsel may inquire of such person for the purpose of eliciting information presented.
   G.   Actions Available To Appellate Body: The appellate body shall consider an appeal based upon the record on appeal and relevant provisions of this title. Only evidence relevant to the grounds for the appeal shall be heard. At the conclusion of such hearing, the appellate body shall uphold, overturn or modify the decision of the agency. Appeals will be granted upon finding that such order, requirement, decision or determination is erroneous or contrary to this title or of any amendment of this title. (Ord. 131, 3-14-2002)
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