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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)
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)
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)
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)
Fees and charges that may, within reason, be legitimately assessed to the applicants will offset the cost of administering this title.
A. Fee Schedule: The town commission shall, by resolution, establish a schedule of fees, charges and expenses for permits and actions including, but not limited to, the items listed below that are required to implement these regulations. The schedule of fees, charges and expenses may be amended from time to time. The initial schedule, and any subsequent revisions, shall be posted in the Ennis town hall.
1. Zoning permits.
2. Conditional use permits.
3. Site plan reviews.
4. Mobile home park reviews.
5. Recreational vehicle park reviews.
6. Traditional neighborhood development reviews.
7. Sign permits.
8. Floodplain permits.
9. Variance requests.
10. Zoning map revisions.
11. Zoning ordinance amendments.
B. Payment Required Prior To Action: No permit shall be issued nor shall any action be undertaken by any agency, board or commission charged with administering or enforcing this title unless and until such fees, charges and expenses, or specified advanced deposits against same, have been paid in full. (Ord. 131, 3-14-2002)
Notes
1 | 1. See also section 11-5-9 of this title. |
A. Complaints: Whenever a violation of these regulations occurs, or is alleged to have occurred, any person may file a written complaint. Such complaint, stating fully the causes and basis thereof, shall be filed with the zoning administrator. The zoning administrator shall promptly record such complaint, immediately investigate and take action thereon as provided by these regulations.
B. Penalties For Violations:
1. Penalties: Violations of any of the provisions of this title or failure to comply with any of its requirements, or any of the requirements or conditions imposed by an agency, board, commission or the town commission, shall constitute a misdemeanor. Any person who violates these regulations or fails to comply with any of its requirements shall, upon conviction thereof, be fined not more five hundred dollars ($500.00) or be imprisoned for not more than six (6) months, or both, and in addition shall pay all costs and expenses involved in the case. Each day such violation continues shall be considered a separate offense and punishable as such.
2. Jointly Liable: The owner or tenant of any building, structure, premises, or part thereof, and an architect, builder, contractor, agent, or other person who commits, participates in, assists in, or maintains such violation may each be found guilty of a separate offense and suffer the penalties herein provided.
C. Other Proceedings To Correct Violations: If any structure is constructed, or altered, or any structure or land is used in violation of this title the proper authorities of the town may institute any appropriate action or proceedings to prevent such unlawful action or use. Action may also be taken to prevent the occupancy of such structure or land and to cause the correction of such violation. (Ord. 131, 3-14-2002)
A. Initiation:
1. Initiation By Town: The town commission may, from time to time, amend, supplement or change this title and zoning map. An amendment, supplement or change may be initiated by the town commission, or the planning board.
2. Owner Petition: A property owner that desires a reclassification of his property or change of regulations applicable to the property may file a petition with the zoning administrator on forms provided for this purpose. The petition shall be signed by the property owner requesting an amendment or change of regulations prescribed for the property.
B. Investigation: Upon initiation of an amendment, the zoning administrator shall investigate the facts to assure that the result of each such petition will be consistent with the intent and purpose of this title, including but not limited to, finding that the application complies with the Ennis comprehensive plan.
C. Public Hearing Procedures And Requirements:
1. Planning Board Hearing: The planning board shall hold a public hearing on the matters referred to in such initiation or petition at which parties in interest and citizens shall have an opportunity to be heard. At least fifteen (15) days' notice of the time and place of the hearing shall be published in an official paper or a paper of general circulation in the town 1 .
2. Additional Area Notice: Notice may also be provided to property owners in any additional area that may be substantially impacted by the proposed change or use as determined by the zoning administrator.
3. Planning Board: After such hearing or hearings, the planning board will make reports and recommendations on the petition or initiation to the town commission.
4. Town Commission Action: When the planning board has recommended to approve or deny an amendment to this title, including a change in the district boundaries, a public hearing shall be held by the town commission for the purpose of acting upon the proposed amendment.
5. An amendment may not become effective, except upon a favorable vote of two-thirds (2/3) of the present and voting members of the town commission if a protest against the amendment is signed by the owners of twenty five percent (25%) or more of:
a. The area of the lots included in the proposed change; or
b. Those lots within one hundred fifty feet (150') from a lot included in the proposed amendment. (Ord. 131, 3-14-2002)
Notes
1 | 1. MCA § 76-2-303. |
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