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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. |
Should any section or provision of this title be declared unconstitutional or invalid by a court of competent jurisdiction, the decision shall not affect the validity of this title as a whole, or any part thereof other than the part declared to be unconstitutional or invalid. (Ord. 131, 3-14-2002)