ZONE CHANGE APPLICATION
TOWN OF ENNIS, MONTANA
The town commission may amend the zoning ordinance, after following a procedure that is outlined in the ordinance and in this application packet. Amendments can be made to the ordinance text or property zoning classification and zoning map that are initiated by the town or by a property owner.
The zone change 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. The property owner of record must sign any owner initiated application.
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
ZONE or ZONING TEXT CHANGE
Present zoning:
Proposed zoning:
Legal description:
Address:
Size of property (area and dimensions):
Present land use:
Proposed land use:
Text change requested (if applicable):
Owner(s):
(Record owner)
(Address)
(Phone number and e-mail address)
Agent(s):
(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 the zone change or zoning text change will be granted. 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 explains the need for the intended zone change and why the property can't be used as desired under the existing zoning.
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. What prevents the property from being used as desired under the present zoning?
c. How will the public interest be served if this application is approved?
d. In what ways is the proposal consistent with the goals, objectives and policies of the comprehensive plan/growth policy?
3. A filing fee must accompany all zone change applications. No application will be accepted until the fee is paid in full. The fee is nonrefundable and does not guarantee that a zone change will be approved.
4. A public hearing will be held when the planning board considers the zone change. The property for which the permit is sought will be posted with a notice that contains information about the proposed zone change 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 fifteen (15) 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 or deny the zone change application.
5. A public hearing will be held when the town commission considers the zone change. The property for which the permit is sought will be posted with a notice that contains information about the proposed zone change 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 fifteen (15) 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. The town commission will consider the planning board's recommendation at the next available regular or special town commission meeting. The commission may approve or deny the planning board's recommendation or it may refer the matter back to the planning board for further deliberation if the commission determines that the planning board should consider new information or reconsider evidence that was introduced at the planning board hearing. At the conclusion of the town commission's deliberations on the zone change application, it shall make a final decision to approve or deny the application. 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.
6. Appeals from the town commission's decision may be made to a court of record in the state of Montana.
7. All hearings and deliberations by the planning board and the town commission are open to the public. Any person may appear and testify at the hearings. Records of the application, hearings, recommendation and decision will be retained by the planning board and town commission and are public records.
(Ord. 131, 3-14-2002)