Overview of Duties and Responsibilities. The Summary Table of Review Procedures presents an overview of the roles of the various decision makers in the review and approval processes of this ordinance.

Decision Making and Administrative Bodies. Section 17.0.223, Duties and Responsibilities of Decision Making and Administrative Bodies, sets out the detailed authority, duties and responsibilities of the various decision making and administrative bodies in the review processes of this ordinance.

Common Review Procedures. Section 17.0.228 Supplementary Review Procedures Common Procedures establishes the common review procedure that applies to all permits unless certain supplementary procedures are created in subsequent sections of this ordinance.

Public Hearing, Public Notice. Section 17.0.228 Supplementary Review Procedures, establishes supplementary review procedures for certain permits that either supplement or replace a portion of the common review procedures.

Supplementary Review Procedures. Sections 17.0.228 Supplementary Review Procedures, establishes supplementary review procedures for certain permits that either supplement or replace a portion of the common review procedures.

The following decision-making and administrative bodies shall have the duties and responsibilities in administering this ordinance as established in this Section.

Mayor and City Council.

Powers and Authority. In addition to all powers and authority granted to the mayor and city council by general or specific law, the mayor and city council shall have the following powers and authority under the provisions of this ordinance.

1.

Appoint Zoning Administrator and Building Official. The mayor, with the consent of the city council shall appoint a zoning administrator and may appoint a building official. The zoning administrator and building official may be employees of the City of Baker or contract consultants.

2.

Appoint Zoning Commission and Board of Adjustment. The mayor shall appoint and the city council shall consent to appointing members of the zoning commission and board of adjustment.

3.

Growth Policy. The mayor and city council shall have the authority to adopt the Baker Growth Policy and, from time to time, approve or disapprove amendments to the growth policy.

4.

Zoning Ordinance and Zoning Map. The mayor and city council shall have the authority to adopt the Baker Zoning Ordinance and the Official Zoning Map of the City of Baker, and from time to time, approve or disapprove amendments to the ordinance and map.

5.

Planned Unit Development. The mayor and city council shall have the authority to hear, consider and approve, approve with conditions, or disapprove applications for planned unit developments.

6.

Annexations. The mayor and city council shall have the authority to approve, approve with conditions or disapprove applications for annexation of land to the City of Baker.

7.

Other Actions. The mayor and city council shall have the authority to take other action not delegated to another decision making or administrative body that the mayor and city council deem necessary and desirable to implement provisions of the growth policy or this ordinance.

Zoning Commission.

A.

There is hereby reaffirmation of the creation and existence of the zoning commission to be known as the City of Baker Zoning Commission.

B.

Duties and Authority. The zoning commission shall have the following powers and authority under this ordinance:

1.

Adopt Ordinances. To initiate, hear, consider and make recommendations to the mayor and city council on the adoption of this ordinance and other ordinances, regulations and codes authorized by general or specific law.

2.

Amend Ordinances. To initiate, hear, consider and make recommendations to the Mayor and City Council on amendments to this ordinance and to other ordinances, regulations and codes authorized by general or specific law.

3.

Adopt Zoning Map. To initiate, hear, consider and make recommendations to the mayor and city council on the adoption of the Official Zoning Map of the City of Baker.

4.

Amend Zoning Map. To initiate, hear, consider and make recommendations to the mayor and city council on amendments to the Official Zoning Map of the City of Baker.

5.

Planned Unit Development. To initiate, hear, consider and make recommendations to the mayor and city council on applications for planned unit developments.

6.

Annexation. To initiate, hear, consider and make recommendations to the mayor and city council on approval, approval with conditions or disapproval of applications for annexation of land and assignment of initial zoning by the City of Baker.

7.

Other Actions. To undertake and execute other duties the mayor and city council deems necessary and desirable to assign to the zoning commission.

Board of Adjustment.

A.

Establishment. There is hereby reaffirmation of the creation and existence of the Baker Board of Adjustment.

B.

Powers and Authority. The board of adjustment shall have the following powers and authority under this ordinance:

1.

Appeals. To hear and consider appeals that an error was made in order, requirement or decision by the zoning administrator in the enforcement of this ordinance and to recommend that the city council uphold, modify or overturn the decision.

2.

Conditional Uses. To hear, consider on whether to approve, approve with conditions or disapprove applications for conditional use permits pursuant to the terms and procedures of this ordinance.

3.

Variances. To hear, consider and recommend approval, approval with conditions or disapproval applications for variances from the terms of this ordinance pursuant to Section 17.0.228 Variance.

Zoning Administrator. The zoning administrator shall have the following powers and authority and shall perform the following duties under this ordinance.

A.

Interpret Ordinance. Interpret, make day-to-day decisions and administer this ordinance.

B.

Receive Applications, Determine Completeness. Receive applications for all permits required by this ordinance and make determinations of completeness of the submittal information.

C.

Approve development permits. Review, consider and approve, approve with conditions, or disapprove applications for which the terms and procedures of this ordinance assign final action to the zoning administrator. Applications for which the zoning administrator has authority to approve or disapprove include residential development containing up to three residential units.

D.

Review, consider and make recommendations to the zoning commission, board of adjustment and the mayor and city council on applications for which these decision-making bodies have duties to review and/or make final decisions.

E.

Minor Deviations. Review, consider and approve or disapprove minor deviations to a development plan that has received final approval by a decision-making body.

F.

Administrative Duties. Assist all decision-making bodies in setting agendas, providing proper legal notice, and maintaining complete record of proceedings.

G.

Inspections, Enforcement. Perform all necessary inspections to enforce the provisions of this ordinance, conditions of approved permits and approved development agreements, and to initiate enforcement actions to remedy violations of this ordinance, permits or agreements.

H.

Legal Action. Investigate and pursue legal action pertaining to violations of this ordinance or conditions of approved permits or the terms of approved development agreements.

I.

Other Duties. Perform all other duties assigned by the terms of this ordinance, deemed necessary to assist all decision-making bodies, or determined necessary or desirable by the mayor and city council.

General. Unless otherwise stated in this article, the submission of a development plan or application, and the subsequent steps for determination of completeness, staff review, notice and scheduling of public hearings, and decisions of approval or disapproval shall comply with the procedures established in this section. The terms development application and development plan are used interchangeably in these procedures and refer to any submission made to the city for review and approval under this ordinance.

Application Forms. All development applications shall be on City of Baker forms prepared and made available by the zoning administrator. The zoning administrator shall develop application forms and a checklist of submission items to accompany an application. The application forms and checklists shall be distributed to the public indicating all information that must be presented in order for city officials and boards to evaluate applications. No application shall be accepted for consideration unless the information required on the checklist is found by the zoning administrator to be in sufficient detail to evaluate the application and determine whether it complies with the substantive requirements of this ordinance.

At a minimum, the applicant shall submit a complete zoning compliance application, an application fee, and a to scale or survey prepared by a registered land surveyor to demonstrate that any proposed building, structure or improvement is in compliance with the required minimum property line setbacks and other applicable regulations established by this ordinance.

Fees. All applications shall be accompanied by the applicable fee required by the regularly adopted City of Baker Zoning fee schedule. The fee schedule shall be established and may be revised from time to time by the mayor and city council. Its purpose shall be to defray the costs of processing applications. The fee schedule shall be available for review in the City of Baker's office during normal business hours.

Pre-Application Conference.

A.

Pre-Application Conference. A pre-application conference may be held with the zoning administrator prior to submission of an application for approval of residential development containing three or more dwelling units, all developments containing commercial, industrial, and other non-residential land uses, a conditional use permit, design review, a planned unit development, and for amendments to the zoning map and text of this ordinance.

B.

Initiation of Pre-Application Conference. An owner, developer or their authorized agent shall initiate a pre-application conference with the zoning administrator by submitting a written request. Along with the request for the pre-application conference, the applicant shall submit general information on the proposed land use, layout, existing features of the site including topography and other information necessary to describe the character, location, and magnitude of the proposed development.

C.

Scheduling of Pre-Application Conference. Upon receipt of a request for a pre-application conference, the zoning administrator shall schedule the pre-application conference. The pre-application conference shall be held within thirty calendar days of receipt of the request for such a conference.

D.

Pre-Application Conference Purposes. The purpose of the pre-application conference is to familiarize city staff with the general location and character of the proposed development. At the pre-application conference, the applicant and the zoning administrator shall discuss the proposed development, and based upon the information provided by the applicant, identify the provisions of this ordinance that apply to the proposed development. During the subsequent review of the development plan or upon submission of more detailed information about the proposed development, additional provisions of this ordinance may be identified as being applicable.

E.

Written Summary. The zoning administrator shall provide the applicant a written summary of the pre-application conference within fifteen calendar days of the completion of the pre-application conference.

F.

Expiration of Pre-Application Conference. A development plan shall be based on the written summary of a pre-application conference held no more than one year previous to the plan submittal. A new pre- application conference is required before submission of a plan if more than a year has elapsed since the prior conference.

Submission of Application and Determination of Completeness. The submission of an application and the determination of its completeness shall comply with the following standards:

A.

The appropriate application and all required information for the requested permits and approvals shall be submitted to the zoning administrator by the owner, developer or their authorized agent.

B.

Required Contents of Application. The submittal requirements established by the zoning administrator during the pre-application conference shall be submitted. Additional information may be required during review of the application if the zoning administrator finds the information necessary to determine compliance with this ordinance.

C.

Determination of Completeness. Within fifteen calendar days of the submittal of an application, the Zoning Administrator shall determine if the application is complete. An application is complete if it contains the submittal requirements identified during the pre-application conference in sufficient completeness and detail to commence review and evaluation of the application.

1.

Determined Incomplete. If the zoning administrator determines that the application is not complete, a written notice shall be provided to the applicant specifying the deficiencies. No further action shall be taken on the application by the Zoning Administrator until the deficiencies are remedied. If the applicant fails to correct the deficiencies within sixty calendar days, the application shall be considered withdrawn. If the zoning administrator fails to provide written notice of any deficiencies to the applicant within fifteen calendar days of submission of the application, the application shall be deemed complete.

2.

Determined complete. When the application is determined complete, the Zoning Administrator shall notify the applicant of the determination and commence review and evaluation of the application to determine compliance with this ordinance and other applicable ordinances and regulations.

Technical Review.

A.

Technical Review Committee. The city may establish a technical review committee (TRC) and host committee meetings as needed to facilitate the technical review and evaluation of applications for permits. The zoning administrator may schedule a complete development application for a TRC meeting. Said meeting shall occur within thirty calendar days of the determination of completeness. The applicant is provided an opportunity to meet with representatives of applicable utilities and governmental agencies in this meeting to receive comments on the technical elements of the application.

1.

Committee Members, Responsibilities. The TRC consists of the representatives of the following core departments with their general responsibilities. After determining an application complete, the zoning administrator forwards the application materials to the TRC members for review.

a.

The planning office will review development applications for compliance with the existing zoning of the site, compliance with this ordinance and other applicable ordinances, codes and regulations, and to review the relationship of the proposed development to the neighboring property, characteristics of the site such as topography, floodplain and unstable soils, and the Baker Growth Policy.

b.

Public works department to review development applications for the relationship to streets and utility systems and to determine required street improvements, rights-of-way, extensions to water and wastewater systems and other related public improvements and dedications.

c.

Fire department to review development applications for adequacy of the water distribution system and firefighting capabilities in the vicinity, and for compliance with applicable Fire Prevention and Safety Codes.

d.

School district to review development applications to project demand for school facilities and to identify needed land areas to reserve for development of schools and other related facilities.

e.

Police department to review the proposed development for appropriate safety considerations.

f.

Ambulance and emergency response for appropriate access and other safety considerations.

2.

Additional Members. The committee may expand to include the city engineer, city attorney, and representatives from utility companies and state and federal agencies when their review comments are applicable to a particular development application.

B.

Written Summary. Within fifteen calendar days following the TRC meeting the zoning administrator and planning staff shall provide the applicant a written summary of the TRC comments and a description of any revisions to the plans that are necessary to comply with the technical requirements of the applicable ordinances and regulations.

C.

Revised Submission. The applicant shall submit a revised application that incorporates the changes necessary to comply with the technical requirements of the applicable ordinances and regulations.

D.

Additional TRC Meetings. Extensive revisions resulting from TRC comments or by voluntary action of the applicant may require additional TRC meetings to review the subsequent submission, prior to the zoning administrator scheduling the application for a board of adjustment meeting or rendering a decision for which the zoning administrator has authority for final action.

Procedures for Zoning Administrator Decisions.

A.

Authority for Final Action. The review and decisions on applications for which the zoning administrator has authority of final action shall occur pursuant to the standards of this section.

B.

Reclassify Application. If the zoning administrator determines that a proposed development, for which the administrator has authority for final action, may have a significant impact on the surrounding neighborhood or the community, the zoning administrator may reclassify the application to require review and approval by the board of adjustment. When an application is reclassified, the authority for final action is transferred to the and the administrative procedures that are applicable to the board of adjustment or zoning commission.

C.

Staff Review, Staff Report and Decision. After determining an application is complete, the zoning administrator and planning staff shall conduct the technical review pursuant to section technical review, above, review the application for compliance with this ordinance and other applicable ordinances and regulations, and prepare a staff report that describes the conclusions of the review. Based upon the conclusions in the staff report the zoning administrator and planning staff approves, approves with conditions or disapproves the application. A copy of the staff report shall be provided to the applicant.

D.

Timing of Decisions. Review and final decision by the zoning administrator shall be made within fifteen calendar days of the TRC meeting, or within fifteen calendar days of a plan resubmission that is based upon the TRC meeting. If additional TRC meetings are required, a decision shall be made within fifteen calendar days of the final TRC meeting or plan resubmission that is based upon the final TRC meeting.

E.

Issuance of Permit, Corrected Application. If the zoning administrator finds the application complies with the applicable standards of this ordinance and all other applicable ordinances and regulations, the permit shall be issued. If it is determined that the application does not comply with the applicable standards of this ordinance or other ordinances and regulations, the applicant shall be notified in writing of the deficiencies and be provided sixty calendar days from the written notice to submit a corrected application. If a corrected application is received, the zoning administrator shall approve, approve with conditions or disapprove the corrected application based on the applicable standards of this ordinance and other applicable ordinances and regulations. If the application is not resubmitted within sixty calendar days from said written notice, the application shall be considered withdrawn.

F.

Public Notice After Decision. The zoning administrator shall submit a record of decision on a city website or at City Hall following a final decision. Any aggrieved party may appeal the zoning administrator's decision within thirty calendar days of the date the notice appeared in the official paper for the City of Baker. Decisions on applications for single-household houses, sign permits, and grading permits are exempt from this requirement.

G.

Expiration of Permit. A permit shall expire on the one year anniversary date of the permit issuance, unless otherwise noted in the development approval, if the next step in the normal development process is not commenced. The next step normal development process includes obtaining a building permit, grading permit, or commencement of the use if no further permit is required.

Procedures for Decisions by Zoning Commission or Board of Adjustment.

A.

Authority for Final Action. The review and decisions on applications for which the zoning commission or the board of adjustment have authority of final action shall occur pursuant to the standards of this section, except appeals of prior decisions. See appeals for the applicable procedure to consider appeals.

B.

Zoning Administrator Recommendation. After an application has been reviewed by the TRC the zoning administrator and/or planning staff shall prepare a staff report that evaluates the application for compliance with this ordinance. The zoning administrator and/or planning staff shall present in the staff report a recommendation for approval, approval with conditions or denial, based upon the standards and procedures of this ordinance. The staff report shall be made available to the applicant, the public and the zoning commission or board of adjustment at least seven calendar days prior to the scheduled public meeting.

C.

Scheduling of Public Hearing. An application for which a public hearing is required shall be scheduled for meeting of the zoning commission or board of adjustment within one hundred twenty calendar days of an application being determined by the zoning administrator to be complete.

D.

Public hearings, public notice. The zoning commission or board of adjustment, whichever is applicable, shall conduct a public hearing on the application pursuant to the procedures of Section 17.0.226 Public Hearing Procedure, and a written notice of the public hearing shall be mailed by first class mail to owners of all land that is adjacent/adjoining to the site for which the application is submitted pursuant to Section 17.0.227 Public Notice.

E.

Within thirty calendar days of the close of the public hearing, the board of adjustment, whichever is applicable, shall approve, approve with conditions or deny the application based upon the standards and procedures of this ordinance. Written notice of the decision containing the required findings of fact and conclusions reached by the board shall be provided to the applicant within fifteen calendar days of the decision. Written notice of a denial shall specify the reasons for denial.

F.

Issuance of Permit. If the application is approved, the zoning administrator shall issue a permit at the first practical opportunity that describes any conditions of approval established by the board and the expiration date if no action is pursued by the applicant.

G.

Expiration of a Permit. A permit shall expire on the one year anniversary date of the permit issuance, unless otherwise noted in the development approval, if the next step in the normal development process is not commenced. The next step in the normal development process includes obtaining a building permit, grading permit, or commencement of the use if no further permit is required.

A.

Authority for Final Action. The review and decisions on applications for which the mayor and city council have authority of final action shall occur pursuant to the standards of this section.

B.

Zoning Administrator Recommendation. After an application has been reviewed by the TRC the zoning administrator shall prepare a staff report that evaluates the application for compliance with this ordinance. The zoning administrator shall present in the staff report a recommendation for approval, approval with conditions or denial, based upon the standards and procedures of this ordinance. The staff report shall be made available to the applicant, the public and the zoning commission, and mayor and city council at least seven calendar days prior to the first scheduled meeting.

C.

Scheduling of Public Hearing. An application for which a public hearing is required shall be scheduled for meeting of the board of adjustment within one hundred twenty calendar days of an application being determined by the zoning administrator to be complete.

D.

Public Hearings, Public Notice. The board of adjustment shall conduct a public hearing on the application pursuant to the procedures of Section 17.0.226 Public Hearing Procedure, and a written notice of the public hearing shall be mailed by first class mail to adjacent property owners within one hundred fifty feet of applicant. Section 17.0.227 Public Notice.

E.

Scheduling of Public Meeting. Following the decision by the Zoning Commission, the application shall be scheduled for review and a final decision at a regularly scheduled meeting of the mayor and city council. This meeting shall occur within thirty calendar days of the zoning commission decision.

F.

Within thirty calendar days of the close of their meeting, the mayor and city council shall approve, approve with conditions or deny the application based upon the standards and procedures of this ordinance. Written notice of the decision containing the required findings of fact and conclusions reached by the mayor and council shall be provided to the applicant within fifteen calendar days of the decision. Written notice of a denial shall specify the reasons for denial.

G.

Issuance of Permit. If the application is approved the zoning administrator shall issue a permit at the first practical opportunity that describes any conditions of approval established by the mayor and council and the expiration date if no action is pursued by the applicant.

H.

Expiration of a Permit. A permit shall expire on the one year anniversary date of the permit issuance, unless otherwise noted in the development approval, if the next step in the normal development process is not commenced. The next step in the normal development process includes obtaining a building permit, grading permit, or commencement of the use if no further permit is required.

Public hearings required by this ordinance shall be conducted pursuant to the standards and procedures of this section.

Notice. Written notice of the public hearing, pursuant to Section 17.0.227 Public Notice, shall be sent by first class mail to the owner of the property that is subject to the public hearing and to owners of land within one hundred fifty feet of property that is subject to the public hearing. In addition to the mailed notice, a public notice of the hearing shall be published in a newspaper of general local circulation that describes the application and provides the time, date and place of the public hearing. The public notices shall be mailed, and the published notice shall appear in a newspaper of general circulation in Fallon County no later than fifteen calendar days or three consecutive weeks prior to the public hearing.

Announcement. The presiding officer shall announce the purpose and subject of the public hearing, verify that proper public notice was given and provide the opportunity for any member of the board to declare a conflict of interest. The presiding officer may excuse any member of the board who has a conflict of interest.

Right to Speak. Any interested person may appear at the public hearing and submit evidence or make comments either as an individual or on behalf of an organization. Each person appearing at the public hearing shall be identified by name and address of residence and name of organization if applicable.

Staff report presentation. The zoning administrator shall present the staff report.

Applicant Presentation. The applicant shall present any information the applicant deems appropriate.

Public Statements. Members of the public shall be provided the opportunity to speak about the merits or shortcomings of the application. At the discretion of the presiding officer, reasonable time limits may be placed on all speakers in the interest of accommodating all people desiring to speak and to provide for an efficient meeting. Comments shall be directed only to the presiding officer.

Applicant Response. After the public comment the applicant shall be provided the opportunity to respond to any public comments made during the public hearing.

Staff Response. After the public comment, the zoning administrator or any other city official shall be provided the opportunity to respond to public comments made during the public hearing.

Deliberation, Decision. The presiding officer shall declare the public comment period of the meeting to be closed and invite discussion, deliberation and a decision by the board.

Record of Proceedings. The public hearing and meeting shall be documented by a recording secretary shall record written minutes of the public hearing. All exhibits, reports, evidence and written materials submitted during the public hearing shall be retained by the city as part of the record of the proceeding.

Continuance. The board conducting the public hearing, on its own initiative, may continue the hearing to a future date. The applicant has the right to one continuance to a future date. Notice of continuance shall be posted in a conspicuous and visible location at City Hall and other regular locations determined by the zoning administrator.

Public notice required to be mailed or published in a newspaper of general local circulation shall contain the following information and comply with public notice requirements of state law.

Type of Application. The type of application, such as Development Permit, Conditional Use Permit, Variance, Appeal, Amendment to the Zoning Map or Ordinance, Planned Unit Development, Zoning Conformance Permit.

Description of Decision. A brief description of the decision or action sought by the applicant.

Name of Owner, Applicant. The name of the landowner and applicant.

Location of Land. A legal description and a general description of the location of the subject land.

Location, Date, Time. The location, date and time of the public hearing or public meeting.

Where Information Available. The location where information about the application may be viewed and the general hours available.

Proposed Use. A description of the type of use being proposed.

Variance. Applications for variances shall be reviewed and decided pursuant to the standards and procedures of this section.

A.

The board of adjustment is assigned authority for final action on variance applications. These applications are reviewed and decided pursuant to procedures in PROCEDURES FOR DECISIONS BY ZONING COMMISSION OR BOARD OF ADJUSTMENT.

B.

Approval or conditional approval of a variance shall require the board of adjustment making each of the following findings of fact:

1.

Special Conditions. There are special circumstances or conditions that are peculiar to the land or building for which the variance is sought that do not apply generally to land or buildings in the neighborhood; and

2.

Not Result of Applicant. The special circumstances or conditions have not resulted from an act of the applicant or been established to circumvent this ordinance; and

3.

Strict Application Unreasonable. Due to the special circumstances or conditions, the strict application of this ordinance would deprive the applicant of reasonable use of the land or building or create an undue hardship on the landowner; and

4.

Necessary to Provide Reasonable Use. Granting the variance is necessary to provide a reasonable use of the land or building; and

5.

Minimum Variance. The variance is the minimum variance necessary to allow a reasonable use of the land or building; and

6.

Not Injurious. Granting the variance will not be injurious to the neighborhood or detrimental to the public welfare; and

7.

Consistent with Ordinance. Granting the variance is consistent with the purposes and intent of this ordinance. A variance to the allowed uses of a zoning district is prohibited.

C.

Conditions. Conditions or restrictions may be placed on the approval of a variance.

D.

Expiration. A Variance shall expire one year from the date of approval if the next logical step in the development process is not commenced. The next step in the development process includes but is not limited to applying for a building permit, commencing the use or applying for a development permit.

Appeals. Any person aggrieved by a decision of the zoning administrator, or the city council may appeal the decision to the board of adjustment. For the purposes of this section an aggrieved person shall be either a person who has submitted an application, received an interpretation or a person who is adversely affected by an action on an application or by an interpretation. Appeals shall be submitted, reviewed and decided pursuant to the standards and procedures of this section.

A.

An appeal is initiated by the aggrieved person filing a written appeal with the zoning administrator within thirty calendar days of the decision being appealed or within thirty calendar days of the date the notice appeared in the official paper of the City of Baker, whichever is applicable.

B.

Contents of Appeal. The appeal shall include a statement describing the decision prompting the appeal, the date of that decision, the basis for the appeal, and all supporting materials related to the appeal.

C.

Scheduling of Hearing. The board of adjustment shall schedule a hearing on the appeal within thirty calendar days of receipt of the written notice of appeal. This deadline may be extended by the board of adjustment if additional time is required to compile information that is needed to evaluate the appeal.

D.

Produce Record. the zoning administrator shall organize and provide to the board of adjustment the record pertaining to the decision being appealed.

E.

The appeal hearing shall be conducted in accordance with the Montana Administrative Procedure Act.

F.

Within thirty calendar days of the close of the hearing on the appeal, the Board of Adjustment shall uphold, uphold with conditions, or overturn the decision being appealed. In rendering the decision on the appeal, the board of adjustment shall have the authority of the decision maker whose decision is being appealed.