11-5-2: CONDITIONAL USE PERMIT APPLICATION:
   CONDITIONAL USE PERMIT APPLICATION
   Town of Ennis, Montana
The town zoning ordinance allows certain uses that are generally appropriate within a particular zoning district but which may require additional scrutiny and approval with conditions. The town commission may grant a conditional use permit (CUP) under such circumstances.
The conditional use permit application shall be submitted in person at the Town Hall, 328 West Main Street. No mailed, e-mailed or tele-facsimile applications will be accepted. The filing fee must accompany the application in order for it to be accepted. Applications must be signed by the property record owner.
The zoning administrator will review the application for completeness after the application deadline date and will promptly notify the applicant about any missing material or information. Incomplete or unacceptable applications may delay the permit review process by one month or longer. The applicant is responsible for submitting a complete application.
All questions must be answered fully. All applications or other printed material must be typed or hand printed. Additional information, including photographs, may be submitted. All information that is submitted will be retained as part of the permanent record.
   APPLICATION FORM
   CONDITIONAL USE PERMIT
Conditional use requested:    
Present zoning:    
Legal description of property:    
Address or general location:    
Size or acreage and dimensions of the parcel:    
Present land use:    
Proposed land and/or building use:    
Owner(s):       
   (Record owner)
   (Address)
   (Phone number and e-mail address)
Agent:    
   (Name)
   (Address)
   (Phone number and e-mail address)
I understand that the filing fee accompanying this application is not refundable, that it pays for application processing and does not guarantee that a Conditional Use Permit will be approved. I attest that the information presented herein is factual and correct.
Signature:                                            Date:    
(Record owner)
   ADDITIONAL APPLICATION REQUIREMENTS AND PROCEDURES
      1.   Prepare a written statement addressed to the chairperson of the planning board that indicates what is intended to be done with the land or building, including any new or change in use, and why the conditional use permit is being sought.
      2.   Answer the following questions in the statement:
         a.   What is the intended use for the building or property and why is this use needed at this location?
         b.   How will the public interest be served if this application is approved?
         c.   In what ways is the proposal consistent with the goals, objectives and policies of the comprehensive plan/growth policy?
      3.   Prepare a dimensioned site plan as follows:
         a.   One site plan at least 11" x 11".
         b.   Scale shall be at least 1" = 40'.
         c.   North arrow.
         d.   Location and dimension of all vehicular access points and all off street parking spaces.
         e.   Lot line locations and dimensions.
         f.   Location and dimensions of all proposed and existing buildings, including any that will be removed.
         g.   Building setbacks from all property lines.
         h.   Names and locations of adjacent streets, alleys and other properties.
         i.   If a height variance is being sought, a dimensioned elevation drawing showing the height of all structures.
         j.   Other pertinent information.
      4.   A filing fee must accompany all conditional use permit applications. No application will be accepted until the fee is paid in full. The fee is nonrefundable and does not guarantee that a permit will be approved.
      5.   A public hearing will be held when the planning board considers the conditional use permit. The property for which the permit is sought will be posted with a notice that contains information about the proposed use and the date, time and location of the hearing. A notice of public hearing will be published in the town's official newspaper or a newspaper of general circulation in the area at least ten (10) days prior to the date of the hearing. The applicant will be notified by mail as to the date, time and location of the hearing. After the hearing is concluded, the board will make a recommendation to the town commission whether to approve, conditionally approve or deny the application.
      6.   All hearings and deliberations by the planning board are open to the public. Any person may appear and testify at the hearing. Records of the application, hearing, recommendation and decision will be retained by the board and are public records.
      7.   The town commission will consider the planning board's recommendation at the next available regular or special town commission meeting. The commission may approve, conditionally approve or deny the planning board's recommendation and the application.
      8.   Appeals from the town commission's decision may be made to a court of record in the state of Montana.
(Ord. 131, 3-14-2002)