(A) Any person being the owner in fee simple of real property located within the City and subject to assessment for a payment of City taxes who desires to make an improvement thereto with the addition of a permanent or temporary physical structure, or modification of an existing structure involving a change in the footprint of the structure or resulting in a material change to the structure located thereon shall file in the office of the City Clerk an application in writing for a land use permit stating as follows:
(1) The full name of the applicant or applicants if more than one owner in fee simple of the real property upon which improvements in the form of structures are to be made. Applicants not the titled owner of the property must have the titled owner’s signature granting permission to submit the application and construct or install the improvement;
(2) A description of the property by lot and block location within the City limits;
(3) Whether any liens or encumbrances are on the title of the subject real property;
(4) The nature and extent of the proposed improvement, the exact location upon the property where the improvement is to be placed or made, the time construction is to commence, the estimated time when construction is to be completed and a detailed drawing;
(5) At the time of submitting the application, all surveyed corner pins of the applicant’s property must have been marked with a visible flag or stake above ground or be otherwise identifiable upon examination by a member examination by a member of the City crew. If a member of the City crew assigned to review the application cannot locate and verify the corner pins upon visual examination or with the aid of basic tools available, the application may be rejected until the corner pins have been satisfactorily marked by the applicant and/or the landowner. A copy of the most recent survey shall accompany the application or a new survey may be obtained at the applicant or owner’s expense prior to granting the application; and
(6) No application will be processed or granted until all of the information required by this section has been submitted to the City Clerk.
(B) An application is required for material changes but not work amounting to maintenance.
(1) Maintenance is non-structural routine work, such as, but not limited to, painting, re-siding, cleaning, insulation or related work not requiring a state building permit or review and which does not alter the existing physical structure or increase the footprint.
(2) Material change is any structural addition, alteration or replacement of an existing structure, including, but not limited to, alteration of the existing footprint of the structure, rebuilding of more than 40% of the existing structure, or any other alteration which converts the usage of the structure or which affects City property or City infrastructure. Installation of a fence is considered a material change. Demolition is considered a material change.
(3) Material changes to a structure previously issued a variance due to an encroachment on City property or infrastructure, or to a structure which was previously considered grandfathered in despite the existence of an encroachment, shall result in removal of the encroachment by the owner or applicant at the owner’s or applicant’s expense. Applications may seek a variance and the City Council is not obligated to issue a variance under this part.
(C) The application for a land use permit is separate and distinct from any requirement for compliance with state building codes. The City does not inspect for compliance with state building codes nor does it review for compliance with state building codes. Any application under this part is subject to any requirements imposed by M.C.A. Title 50, as applicable to the particular project. Applicants are encouraged to supply any issued building permits for consideration with their project. (Ord. 358, passed 12-20-2016)