Specified in Chapter 2.03G. (Ord. 2023-7, 7-17-2023)

   A.   Check For Compliance: The intent of this title is that the building official checks all plans and applications for permits for compliance with this title both before and during construction.

   B.   Noncompliance: If during this procedure, the building official deems that the proposed plan or construction does not comply with this title, they shall inform the applicant of the infraction and shall stop all construction of the project until such time as the applicant, builder, or principal revises his plan to conform to this title or obtains a variance, conditional use permit, or zone change as set forth herein.

   C.   Notice Of Violation:

      1.   Building official shall notify, in writing, the person responsible for such violations indicating the nature of the violation and ordering the action necessary to correct it.

      2.   They shall order discontinuance of illegal use of land, buildings, or structures; removal of illegal buildings or structures, or of illegal additions, alterations, or structural changes; discontinuance of any illegal work being done; or

      3.   Shall take any other action authorized by this title to ensure compliance with or prevent violation of its provisions. (Ord. 2023-7, 7-17-2023)

Specified in Chapter 2.04 of the city code of ordinances. (Ord. 2023-7, 7-17-2023; amd. Ord. 2023-9, 12-18-2023)

   A.   Established: See Chapter 2.04 of the city code of ordinances.

   B.   Powers and duties: The Board shall set its operating rules in accordance with the laws of the state of Montana and shall have the following powers:

      1.   Appeals: To hear appeals and decide appeals where it is alleged there is an error in any order, requirement, decision, or determination made by an administrative official to enforce this title or any ordinance adopted pursuant hereto.

      2.   Variances:

         a.   Authority To Authorize: To authorize, upon appeal in specific cases, such variance from the terms of this title as shall not be contrary to the public interest where, owing to special conditions, a literal enforcement of the provisions of this title will result in unnecessary hardship, and so that the spirit of this title shall be observed, and substantial justice is done. An unnecessary hardship shall not be construed as an event or situation caused or created by the applicant or previous property owner.

      b.   Required Vote: The concurring vote of four (4) members of the board shall be necessary to reverse any order, requirement, decision, or determination of any administrative official or to decide in favor of the application on any matter which it is required to pass under this title, or to affect any variation of this title.

      c.   All decisions and findings of the board of adjustment on appeals of administrative decisions and variances are final administrative decisions and are subject to review, as provided by law. (Ord. 2023-7, 7-17-2023; amd. Ord. 2023-9, 12-18-2023)

   A.   Purpose: Where a specific use is proposed that is not listed or provided for in this zoning ordinance, the Community Development Director may make a determination that the proposed use is substantially similar to a specific use that is listed or provided for in this zoning ordinance. If the community development director finds that the use is substantially similar to a specific use listed in this zoning ordinance, the substantially similar use is deemed to be a substantially similar permitted use in those districts where the specific use is permitted, and a substantially similar use special permit can be approved in those districts where the specific use is specially permitted.

      1.   In determining that a proposed use is a substantially similar use, the community development director shall follow the procedures relating to appeals and variances as specified in this chapter. Upon making a determination that a proposed use is substantially similar, the community development director shall notify the city council of the decision and shall include written findings justifying the reasoning upon which the decision is based.

   B.   Remedy By Application For Amendment: If the community development director determines that a proposed use is not substantially similar, such a determination may be appealed to the board of adjustments. Should the board of adjustments also determine that the use is not substantially similar, the appellant may seek a remedy by applying an amendment as specified in 10-6-10.

   C.   Standards For Consideration Of Substantially Similar Uses: The following standards shall be considered by the community development director (or, where there is an appeal of the community development director’s determination, the board of adjustments) when making a determination that a use is substantially similar to a permitted or a conditional use within a specific district:

      1.   The compatibility of the proposed use with the general use classification system as specified in this Zoning ordinance.

      2.   The nature, predominant characteristics, and intensity of the proposed use in relation to those uses specified by this Zoning ordinance as permitted, or in the case of a special permit use, specially permitted, in that district.

      3.   The size, dimensional requirements, parking requirements, traffic generation potential, and other regulatory considerations normally associated with uses as specified in this Zoning Code.

   D.   Effect Of Determination That A Use Is Substantially Similar: Should a use be determined to be substantially similar to a specific permitted or specially permitted use provided for in this zoning ordinance, it shall then be permitted in the same manner and under the same conditions and procedures as the use is permitted to which it has been found to be substantially similar.

   E.   Record Of Substantially Similar Uses: The community development director shall maintain as a public record a listing of all uses which have been determined to be substantially similar. For each such use, the record shall include the use as listed in the zoning ordinance; the use unlisted in the zoning ordinance about which the determination of substantial similarity was made, and the dates of any actions thereupon by the board of adjustment or city council. This record shall also contain the same information for all uses determined not to be substantially similar. The community development director or their designee shall consult this record in issuing future permits. (Ord. 2023-7, 7-17-2023)

The following table provides the list of permit procedures, the staff level review and approvals. The procedure process for each procedures begins with Section 10-6-9.

 

The following table provides the list of specific uses, and the corresponding type of permit or application, and the staff level review and approvals. The Principal Use Table 10-3-4 provides the specific section for each specific use additional regulations.

 

(Ord. 2023-7, 7-17-2023)

The following table provides the list of specific uses, and the corresponding type of permit or application, the staff level review and approvals, the recommending body, and the final decision-making authority. The Principal Use Table 10-3-4 provides the specific section for each specific use additional regulations.

 

   A.   Applicability: This subsection’s application and fee provisions apply to applications filed by “eligible applicants.”

   B.   Eligible Applicants: When the procedures of this chapter allow an application to be filed by an “eligible applicant,” such application must be submitted by, or on behalf of, a person, firm, corporation, or organization that has one or more of the following interests that are specifically enforceable in the land that is subject to the application:

      1.   A freehold interest;

      2.   A possessory interest entitled to exclusive possession;

      3.   A contractual interest that may become a freehold possessory interest;

      4.   Any exclusive possessory interest; or

      5.   City property authorized for sale.

   C.   Form Of Application: Applications required under this zoning ordinance must be submitted in a form and such numbers as specified in the specific permit section, according to the specific permit application and checklists provided by the community development department.

   D.   Fees And Notification Costs: All applications filed by property owners must be accompanied by the application fee established by the city council. Application filing fees are intended to cover the cost of providing public hearing notices and other costs related to reviewing and processing applications. Such fees are nonrefundable and may include late fees, penalties, and fees for expedited processing.

   E.   Completeness, Accuracy, And Sufficiency: An application will be considered complete and ready for processing, as specified in the specific permit section and any specific permit checklists provided by Community Development Department.

   F.   Conditions Of Approval: Review bodies, including staff, are authorized to recommend conditions, and decision-making bodies approve the subject application with conditions. Any conditions recommended or approved must reasonably relate to a situation likely to be created or aggravated by the proposed use or development.

   G.   Required Time-Frames For Action: Any time limit specified in this zoning ordinance for any decision or action on behalf of a review or decision-making body may be extended if the applicant and staff agree to an extension. Unless otherwise expressly stated, if a review or decision-making body does not render a decision or take action within any time period required under this zoning ordinance and the applicant has not agreed to an extension of that time limit, the application is deemed denied. (Ord. 2023-7, 7-17-2023)

   A.   Authority To Initiate: Amendments to the text of this zoning ordinance may be initiated by the city council, the planning board, the city attorney, or the community development director.

   B.   Public Notices: Public notice of hearings on a zoning ordinance text amendment must be published as required by state law. Public Notice shall follow the procedures set for in Section 10-6-20.

   C.   Public Hearing Required: The Planning Board shall hold public hearings on the matters referred to in such initiation or petition at which parties in interest and citizens shall have an opportunity to be heard.

   D.   Planning Board Recommendation: Proposed zoning ordinance text amendments must be referred to the planning board for review.

      1.   The Planning Board shall cause to be made such an investigation of facts bearing on such initiation or petition as will provide necessary information to assure that the action of each such petition is consistent with the intent and purpose of this title.

      2.   Following their review of the proposed text amendment, the planning board must recommend the proposed amendment to the common council, including approval, modification approval, referral back to staff, or denial.

   E.   Common Council Decision:

      1.   Upon receipt of the planning board’s recommendation, the common council must take action on the proposed zoning ordinance text amendment, including approval, approval with modifications, referral back to staff or the plan commission, or denial.

      2.   Such amendment adopted by Council shall become effective thirty (30) days after the date of such adoption unless within thirty (30) days after the passage of the ordinance, there is presented to the City Clerk a petition. (Ord. 2023-7, 7-17-2023)

   A.   Authority To Initiate: Amendments to the official zoning map may be initiated by the common council or filed by an eligible applicant or an eligible applicant’s authorized agent specified in 10-6-9.

   B.   Pre-Application Meeting: Before filing a zoning map amendment application, the applicant or the authorized agent must meet with the planning staff to discuss the proposed amendment and the applicable procedures.

   C.   Application Filing: Zoning map amendment applications must be filed with the planning staff.

      1.   Shall be filed with the City on forms provided by the Community Development Department;

      2.   Shall include all required supplemental information;

      3.   Shall be submitted by the application deadline as established by the City;

      4.   Shall be signed by the applicant and owner attesting to the truth and exactness of all information supplied on the application; and

      5.   Public notice requirements must be met by applicant.

   D.   Public Notices: Public notice of hearings on a zoning map amendment must be published as required by state law. Public Notice shall follow the procedures specified in 10-6-20.

   E.   Public Hearing Required: The Planning Board shall hold public hearings on the matters referred to in such initiation or petition at which parties in interest and citizens shall have an opportunity to be heard.

   F.   Planning Board Recommendation: Proposed zoning ordinance text amendments must be referred to the planning board for review.

      1.   The Planning Board shall cause to be made such an investigation of facts bearing on such initiation or petition as will provide necessary information to assure that the action of each such petition is consistent with the intent and purpose of this title.

      2.   Following their review of the proposed text amendment, the planning board must recommend the proposed amendment to the common council, including approval, modification approval, referral back to staff, or denial.

      3.   Protest; Required Vote. In case, however, of protest against such changes, signed by the owners of twenty percent (20%) or more either of the area of the lots included in such proposed change or of those lots immediately adjacent in the rear thereof extending one hundred fifty feet (150') there from or of those lots adjacent on either side thereof within the block or of those directly opposite thereof extending one hundred fifty feet (150') from the street frontage of such opposite lots, such amendment shall not become effective except by the favorable vote of three-fourths (3/4) of all members of the city council.

   G.   Common Council Decision:

      1.   Upon receipt of the planning board’s report and recommendation, the common council must take action on the final action on recommendation of the planning board. A vote to amend the recommendation must receive the three-fourths affirmative vote of all members of Council. Whether amended or not, the vote to adopt the recommendation of the planning board must receive a majority vote of all members of Council.

      2.   Such amendment adopted by Council shall become effective thirty (30) days after the date of such adoption unless within thirty (30) days after the passage of the ordinance, there is presented to the City Clerk a petition.

   H.   Successive Application:

      1.   If the common council denies a proposed zoning map amendment, no zoning map amendment application requesting the same or more intensive zoning of the subject property may be filed for or accepted for processing by the city for one year from the date of final action by the common council unless the council expressly acts to deny the previous application without prejudice, or the new application is substantially different from the one that was denied. (Ord. 2023-7, 7-17-2023)

   A.   Purpose: This ordinance identifies certain uses that, because of their unique or widely varying characteristics or their potential adverse impacts on adjacent land uses, are not permitted as a matter of right, but that may be approved through case-by-case review as a “conditional use.” They are subject to conditional use regulations because they may, but do not necessarily, have significant adverse effects on the environment, overburden public services, change the desired character of an area, or create major nuisances. A review of these uses is necessary due to their potential individual or cumulative impacts on the surrounding area or neighborhood. The conditional use review provides an opportunity to allow the use when there are minimal impacts, to allow the use but impose mitigation measures to address specific reasonable concerns, or to deny the use if the concerns cannot be resolved.

   B.   Authority To Initiate: Applications for approval of a conditional use may be initiated by the common council for filed by an eligible applicant’s authorized agent.

   C.   Pre-Application Meeting: Before filing a conditional use application, the applicant or the authorized agent must meet with the planning staff to discuss the proposed amendment and the applicable procedures. Staff will determine whether the conditional use is a minor or a standard use at this pre-application meeting.

   D.   Application Filing:

      1.   Shall be filed in accordance with the procedures in this Chapter;

      2.   Shall be filed with the City on forms provided by the Community Development Department;

      3.   Shall include all required supplemental information;

      4.   Shall be submitted by the application deadline as established by the City;

      5.   Shall be signed by the applicant and owner attesting to the truth and exactness of all information supplied on the application; and

      6.   Public notice requirements must be met by applicant.

   E.   Transmittal: The application shall be transmitted to City Engineer, Police Department, and Fire Marshal to review and provide comments. The application and comments from each Department shall be transmitted to planning staff to include in staff recommendations.

   F.   Conditional Uses-Minor Approval: The planning staff must review the proposed conditional use and comments from other departments and provide recommendations to the City Manager. The City Manager will either approve the application or approve with modification with appropriate conditions and safeguards, as specified in Section 10-6-12.H, in conformity with the zoning ordinance. Violations of such conditions and safeguards, when made a part of the terms under which the conditional use is granted, shall be deemed a violation of this zoning ordinance and punishable specified in 10-6-21.

   G.   Conditional Uses-Standard Approval: The planning staff must review the proposed conditions use and prepare a recommendation for consideration by the planning board and common council.

      1.   Public Hearing Planning Board: There shall be a hearing for each conditional use application. Said hearing shall be held at an appointed time and place within forty-five (45) days of the date of application. The board shall take testimony from persons interested in said application. Public Notice shall follow the procedures specified in section 10-6-20.

      2.   Recommendations by Planning Board:

         a.   Within thirty-five (35) days after the conclusion of the public hearing, the planning board shall either recommend approval with or without supplementary conditions as specified in 10-6-12.H, or denial to the City Council.

         b.   The public hearing may be extended to another date by mutual agreement of the Planning Commission and the applicant.

      3.   Public Hearing City Council: Upon receipt of the planning board recommendation, the city council will hold a public hearing on the said application, at which the planning board recommendation will be read, and additional testimony may be taken from interested parties. Notice shall follow the procedures specified in 10-6-20.

      4.   Approval by City Council: Conditional Use Permits shall be issued upon authorization by the city council, after review by the planning board, and shall be based on a determination that the land use or activity complies with specific requirements for certain land uses and activities as may be outlined in this chapter.

         a.   If the application is approved or approved with modification, the City Council shall direct the community development director to issue a conditional use permit listing the specific conditions specified by the planning board for approval. If the application is denied by the city council the applicant may appeal the decision through the board of adjustment in accordance with the procedures specified in 10-6-16.

         b.   Expiration. City Council shall determine if the use stays for the life of the property or ceases if the conditional use shall cease for more than a period of time.

   H.   Supplementary Conditions And Safeguards:

      1.   Those land uses or activities outlined in this chapter as requiring a Conditional Use Permit are considered to be sufficiently distinctive in terms of their nature, location, and impact on the surrounding area to warrant special evaluation of each case. The City’s decision to approve or deny a Conditional Use Permit must be supported by the following standards and shall find evidence showing that such use at the proposed location:

         a.   Is in fact, a conditional use as established under the provisions of Chapter 3 and appears in Chapter 3 for the applicable zoning district;

         b.   Will be harmonious with and in accordance with the general objectives or with any specific objective of the City’s recently adopted Growth Policy, Area Specific Plans, and/or the zoning ordinance;

         c.   Will be designed, constructed, operated, and maintained to be harmonious and appropriate in appearance with the existing or intended character of the general vicinity and that such use will not change the essential character of the same area;

         d.   Will not be hazardous or disturbing to existing or future neighboring uses;

         e.   Will be served adequately by essential public facilities and services such as highways, streets, police, and fire protection, drainage structures, refuse disposal, water and sewer, and schools; or that the persons or agencies responsible for the establishment of the proposed use shall be able to provide adequately any such services;

         f.   Will not create excessive additional requirements at public cost for public facilities and services and will not be detrimental to the economic welfare of the community;

         g.   Will not involve uses, activities, processes, materials, equipment, and conditions of operation that will be detrimental to any persons, property, or the general welfare by reason of excessive production of traffic, noise, smoke, fumes or odors;

         h.   Will have vehicular approaches to the property, which shall be so designed as not to interfere with traffic on surrounding public thoroughfares.

      2.   In recommending any conditional use, the community development director or planning board may prescribe appropriate conditions and safeguards in conformity with this zoning ordinance. Violations of such conditions and safeguards, when made a part of the terms under which the conditional use is granted, shall be deemed a violation of this zoning ordinance and punishable specified in 10-6-21. (Ord. 2023-7, 7-17-2023; amd. Ord. 2025-11, 11-3-2025)

   A.   Permits Required: Applications for sign permits must be filed with the planning staff. Applications must be submitted on forms provided by the community development director and contain at least the following information:

      1.   The name and contact information of the sign owner, the property owner where the sign is or will be located, and the sign contractor of the proposed sign.

      2.   The following information in PDF format:

         a.   A scaled and dimensioned site plan showing:

            (1)   All buildings on the subject property;

            (2)   The location, size, and types of existing signs on the subject property; and

         b.   Clear and legible scale drawings with:

            (1)   Description and nominal dimensions of the proposed sign; and

            (2)   The construction size, dimensions, and kind of materials to be used in such a structure.

         c.   A time-stamped photo of the proposed sign location, with the photo at most one-year-old.

         d.   A color rendering showing before-and-after images of the sign at the proposed location.

      3.   Calculations or evidence showing that the structure, design, and mounts comply with the requirements of this article for wind pressure load.

      4.   Evidence of liability, insurance policy, or bond, as required in this article.

      5.   Such information as the sign inspector may require demonstrating full compliance with these sign regulations and all other applicable city regulations.

      6.   Signature of the applicant and property owner.

   B.   Signs Encroaching On Right-Of-Way: If a sign application involves the installation of a sign that encroaches upon or over the right-of-way, a such permit application must also include the following information:

      1.   The location of encroachment identified in drawings/renderings is required under paragraph (A).

      2.   Acknowledgment by the property and business owner that the city may revoke permission to encroach upon right-of-way based on public safety, maintenance, other use, or other legitimate reasons;

      3.   Property owner agrees to hold the city harmless from any and all injury that may occur to any party resulting from using the right-of-way. This provision is intended to indemnify and hold harmless the city to the fullest extent permitted by law. It includes the payment of reasonable attorney fees for the defense of any claims brought that can fairly be said to be under the intent and purpose of this hold harmless agreement. To secure such hold harmless agreement, the property or business owner must maintain a general liability insurance policy on its business operations in an amount of not less than $1,000,000.00 per occurrence and produce a certificate of insurance demonstrating to the satisfaction of the city that the city is entitled to coverage thereunder under the terms and conditions of the hod harmless agreement. A copy of the certificate of insurance must be provided and maintained or the permission to encroach on right-of-way will be revoked.

      4.   The authority to encroach upon right-of-way does not transfer to any new business or property owner. A new right-of-way encroachment permit is required.

   C.   Sign Permit Issuance And Denial:

      1.   The community development director must issue a permit for the erection, structural alteration, enlargement, or relocation of a sign within the city when the permit application is properly completed, all required fees have been paid, and the sign complies with all applicable regulations. If the sign permit is denied, the community development director must give written notice of the denial to the applicant and property owner, with a brief statement of the reasons for the denial. The community development director’s failure to either formally grant or deny a properly completed sign permit application within ten (10) days of the date of application meeting the requirements of this article constitutes cause for an appeal to the planning board.

   D.   Sign Permit Variance: If a sign permit is denied due to the regulations of this article causing undue or unnecessary hardship on any person, firm, or corporation, a variance from the sign regulations may be requested as specified in 10-6-17.

   E.   Violations And Penalties: Violations of or failure to comply with this chapter’s provisions are declared unlawful.

      1.   Any sign erected, altered, moved, or structurally modified without a permit or altered with a permit but in violation of the provisions of this chapter, must be removed at the owner’s expense or brought into compliance within five (5) days of written notification by the community development director. If the violation is failure to obtain a permit, a permit fee is required, and the permit fee will be two (2) times the normal fee. If the owner does not remove the sign or bring it into compliance, the community development director may order removal, the expenses of which will be assessed to the tax roll of the property on which the unlawful sign is located.

      2.   This section does not preclude the city from maintaining any appropriate action to prevent or remove a violation of this article. If the owner does not remove or bring it into compliance, the community development director may order the sign removed. If such a sign is not removed by the owner within the time period specified, the city may cause removal, with the owner being responsible for all costs. These expenses will be assessed to the tax roll of the property on which the unlawful sign is located. (Ord. 2023-7, 7-17-2023)

   A.   Permits Required: No buildings or other structures shall be erected, moved, added to, or structurally altered, and no land use shall be established or changed in use, within city limits or property outside the city limits within the extraterritorial limits of this title, without a permit therefore, issued by the Community Development Department.

   B.   Building Permits Approval: Within ninety (90) days after the receipt of a complete application, the Building Official shall either approve, conditionally approve or disapprove the application. Work shall commence within one hundred eighty (180) days of the issuance of a building permit. (Ord. 2023-7, 7-17-2023)

   A.   Permit Required: No buildings or other structures shall be erected, moved, added to, or structurally altered, and no land use shall be established or changed in use, within city limits or property outside the city limits within the extraterritorial limits of this title, without a permit therefore, issued by the Community Development Department.

   B.   Authority To Initiate: Applications for approval of a land use permit may be filed by an applicant or by an eligible applicant’s authorized agent.

   C.   Pre-Application Meeting: Before filing a land use permit application, the applicant or the authorized agent must meet with the planning staff to discuss the proposed project and the applicable procedures.

   D.   Application Filing:

      1.   Application for review and decision by the decision-making authority for land use permits;

         a.   Shall be filed in accordance with the procedures in this Chapter;

         b.   Shall be filed with the City on forms provided by the Community Development Department;

         c.   Shall include all required supplemental information;

         d.   Shall be submitted by the application deadline as established by the City;

         e.   Shall be signed by the applicant and owner attesting to the truth and exactness of all information supplied on the application; and

         f.   Public notice requirements must be met by applicant.

      2.   The planning staff shall verify that the application is complete. If the application still needs to be completed, the planning staff shall return the application to the applicant and inform the applicant of the missing information required for a complete application.

   E.   Transmittal: The application shall be transmitted to City Engineer, Police Department, and Fire Marshal to review and provide comments. Each Department will return comments to Community Development Director.

   F.   Approval: Within ninety (90) days after the receipt of a complete application, the Community Development Director shall either approve, conditionally approve or disapprove the application. Work shall commence within one hundred and eighty (180) days of the issuance of a land use permit.

   G.   Conformance:

      1.   Required: No permit of any type shall be issued unless in conformance with the regulations contained within this title. Permits issued on the basis of plans and applications approved by the Community Development Director authorize only the use, arrangement and construction outlined in such approved plans and applications and no other use, arrangement, or construction. Any use, arrangement, or construction at variance with that authorized shall be deemed a violation of this title punishable as specified in 10-6-21.

         a.   Conditional Use Permits; Variances: Conditional use permits approved by the city council and variances granted by the board of adjustment shall be deemed in conformance with this title’s terms. However, building permits or land use permits shall be issued only in accordance with the terms outlined in the conditional use permit and variance sections of this title.

      2.   Expiration. Every permit issued by the Community Development Director under the provisions of this chapter shall expire by limitation and become null and void if the building or work authorized by such permit has not commenced within one hundred eighty (180) days from the date of such permit, or if the building or work authorized by such permit is suspended or abandoned at any time after the work is commenced for a period of one hundred eighty (180) days.

         a.   New Permit Required. Before such work can be recommenced, a new permit shall first be obtained to do so, and the fee therefor shall be one-half (½) the amount required for the new permit for such work, provided no changes have been made or will be made in the original plans and specifications for the work; and, provided further, that such suspension or abandonment has not exceeded one year.

      3.   Permits Issued Contrary to Title. Any authorization issued, granted, or approved in violation of the provisions of this title shall be null and void and of no effect without the necessity of any proceedings or revocation or nullification thereof, and any work is undertaken or use established pursuant to any such building permit, or other authorization shall be unlawful. (Ord. 2023-7, 7-17-2023; amd. Ord. 2025-11, 11-3-2025)

   A.   Intent: Zoning variances are intended to provide relief from unnecessary hardships resulting from the strict application of zoning ordinance requirements other than signs.

   B.   Applicability: Only the board of adjustment is authorized to grant zoning variances. The city council is the final decision-making authority on sign regulation variances.

   C.   Appeals To The Board Of Adjustment: Appeals concerning the interpretation or administration of this zoning ordinance may be taken by any person aggrieved or by any officer or bureau of the City affected by any decision of the Community Development Department.

   D.   Variances. The board of adjustment may authorize upon appeal in specific cases such variance from the terms of this zoning ordinance as will not be contrary to the public interest where, owing to special conditions, a literal enforcement of the provisions of this zoning ordinance would result in unnecessary hardship. No nonconforming use of neighboring lands, structures, or buildings in the same district and no permitted or nonconforming use of lands, structures, or buildings in other districts shall be considered grounds for issuance of a variance except as specified in Chapter 10-7. Variances shall not be granted on the grounds of convenience or profit but only where strict application of the provisions of this zoning ordinance would result in unnecessary hardship.

   E.   Application.

      1.   Application for review and decision by the board of adjustment for appeals or modifications (variance):

         a.   Shall be filed in accordance with the procedures in this Chapter;

         b.   Shall be filed with the City on forms provided by the Community Development Department;

         c.   Shall include all required supplemental information;

         d.   Shall be submitted by the application deadline as established by the City;

         e.   Shall be signed by the applicant and owner attesting to the truth and exactness of all information supplied on the application; and

         f.   Public notice requirements must be met by applicant.

      2.   The planning staff shall verify that the application is complete. If the application still needs to be completed, the planning staff shall return the application to the applicant and inform the applicant of the missing information required for a complete application.

   F.   Transmittal: The application shall be transmitted to the board of adjustments for review.

   G.   Investigation. The board of adjustment shall cause to be made such investigation of facts bearing on the application as will provide necessary information to assure that the action on each such application is consistent with the intent and purpose of this title.

   H.   Construction To Cease During Appeal: During the time of appeal, all construction shall cease and shall not commence until such time of approval by the Board of adjustment.

   I.   Public Notices: Public notice of hearings on a variance must be published as required by state law. Public Notice shall follow the procedures specified in 10-6-20.

   J.   Public Hearing Required: There shall be a hearing for each application of appeal or modification. Said hearing shall be held at an appointed time and place within forty-five (45) days of the date of application. Testimony shall be taken by the board of adjustment from persons interested in said application.

   K.   Approval: In approving applications of appeal or modification, the board shall designate such lawful conditions as will secure substantial protection for the public health, safety, and general welfare, and shall find as follows:

      1.   Consistent With Title and/or Growth Policy: Such modifications will not be inconsistent with the intent and purpose of this title and/or any adopted growth policy.

      2.   Unnecessary Hardship: Strict compliance with the provisions of this title would create unnecessary hardship or unreasonable situation on a particular property due to unusual or extreme topography, the unusual shape of the property, or the prevalence of similar conditions in the immediate vicinity of the property.

      3.   Adverse Effect: Such modifications will have a minimal adverse effect on abutting properties or the permitted uses thereof.

      4.   Conditions of Approval: The lawful conditions stated in the approval are deemed necessary to protect the public health, safety, morals, and general welfare, which provisions may include:

         a.   A time period within which the proposed structures shall be erected.

         b.   Requiring landscaping and maintenance thereof.

         c.   Requiring the surfacing and marking of off-street parking and loading areas.

         d.   Any other conditions that will make possible the development of the city in an orderly and efficient manner and conformity with the intent and purpose specified in this section.

      5.   Appeals: Any person or persons, jointly or severally, aggrieved by any decision of the board of adjustment, or any taxpayer, or any officer, department, board, or bureau of the municipality may present to a court of record a petition, duly verified, setting forth that such decision is illegal, in whole or in part, specifying the grounds of the illegality. Such petition shall be presented to the court within thirty (30) days after the filing of the decision in the office of the board of adjustment.

      6.   Time Decision Effective: The decision of the board of adjustment shall be final except as specified in this subsection, and if a building permit or occupancy permit is not obtained for the subject property within one hundred eighty (180) days from the date of the board of adjustment decision, the variance shall be automatically canceled and become null and void.

   L.   Limits On Refiling Of Applications: Where the board of adjustment has denied an application for Appeal or Variance, no new application for the same purpose shall be filed within one hundred eighty (180) days from the date the previous denial became final unless all of the following conditions are met in the following order:

      1.   The applicant submits in writing to the chairperson of the board, which rendered the original decision for denial. This request explains the reason for refiling an application for the same purpose.

      2.   Within ten (10) working days of the submitted written request, the chairperson of the board who rendered the original decision for denial for causes substantially documented grants permission to do so.

      3.   The applicant submits a complete application and pays all applicable fees by the application deadline for the next meeting date to have the request heard by the applicable board. (Ord. 2023-7, 7-17-2023)

Requests for variances from the sign regulations of Chapter 5 are processed following the zoning variance procedures specified in 10-6-16, except the planning board, rather than the board of adjustment, holds the required hearing and makes the final decision. (Ord. 2023-7, 7-17-2023)

   A.   Purpose: This section establishes a procedure to ensure that timely, competent review of site plans as a means of determining whether such plans comply with the applicable regulations of this zoning ordinance and to enable the city to plan for and review certain proposed improvements of property in order to:

      1.   Implement community policies on physical development;

      2.   Provide for efficient, rational allocation of scarce facilities and resources;

      3.   Promote economy and efficiency in the provision and improvement of municipal services through the regulation of development; and

      4.   Ensure the orderliness, quality, and character of the development of property in the city, prevent foreclosure of future development opportunities, and facilitate coordination of land usage with planned and available facilities and resources.

   B.   Applicability: Site Plan review is required for all multi-family, mixed-use, and nonresidential development. Site Plan review could be required for land use and conditional use permits. Site Plan review requirements shall be confirmed during the pre-application meeting with planning staff.

   C.   Application:

      1.   Applications must be submitted to the planning staff. All applications must include plans and other information necessary to allow for a thorough review of the proposed plans, as indicated by requirements on the site plan review submittal checklist developed by the planning staff.

         a.   Shall be filed with the City on forms provided by the Community Development Department;

         b.   Shall include all required supplemental information as indicated in this subsection and the checklist provided by the community development department; including a landscaping plan as specified in 10-4-3.

         c.   Shall be submitted by the application deadline as established by the City;

         d.   Shall be signed by the applicant and owner attesting to the truth and exactness of all information supplied on the application; and

         e.   Public notice requirements must be met by applicant.

      2.   The planning staff shall verify that the application is complete. If the application still needs to be completed, the planning staff shall return the application to the applicant and inform the applicant of the missing information required for a complete application.

   D.   Preapplication Meeting: Before filing a site plan application, the applicant or authorized agent must meet with the planning staff to discuss the proposed site plan and the applicable procedures.

   E.   Department And Agency Comments: Following receipt of a complete site plan application, the zoning administrator is authorized to request comments from any city departments and external agencies with regulatory responsibility or related interests in the review of the proposed site plan.

   F.   Review And Decision-Making Process:

      1.   Upon receipt of a complete application for approval of a site plan, the community development director must review the proposed site plan, obtain any department or agency comments and share all administrative review comments with the applicant.

      2.   To be considered for further review, the applicant must resubmit any revised site plan and explain how each administrative comment was addressed. Upon receipt of a complete resubmittal package, the planning staff must provide any written administrative comments that require further revision.

      3.   The community development director must take action to approve the proposed site plan, approve the proposed site plan subject to conditions or deny approval of the proposed site plan within sixty (60) days of the date of the latest site plan submittal unless the applicant waives the required timeframe for action.

      4.   If an application for site plan approval is denied, the reasons for denial must be stated in writing, specifying the aspects of the plan that are not in compliance with applicable regulations. If a site plan application is denied, a new application may be submitted for further consideration.

      5.   If a site plan is approved subject to specific conditions and all administrative review comments, the applicant must revise the site plan in accordance with those conditions and comments and resubmit the plan for review. The community development director must act on all resubmitted site plans within twenty (20) business days of their receipt.

      6.   If a site plan is approved, the applicant must submit signed and dated digital and reproducible copies of the site plan to the planning staff, and the community development director will issue an approval memo.

      7.   The planning staff will retain a copy of the approved site plan in the department’s permanent files.

   G.   Effective Date Of Site Plan Approval: An approved site plan becomes effective upon certification by the community development director. If an appeal is filed, a site plan does not become effective until all appeals have been decided.

   H.   Lapse Of Site Plan Approval: An approved site plan will lapse and have no further effect one year after it is approved unless:

      1.   A building permit has been issued (if required);

      2.   The use or structure has been lawfully established; or

      3.   A different lapse of approval period or point of expiration has been expressly established by the decision-making body.

   I.   Permits And Continuing Compliance:

      1.   No permit may be issued for any development requiring site plan approval until a site plan has been submitted and certified approved for such development in accordance with this section unless the community development director determines that the site plan is in substantial conformance and phased permits can be issued.

      2.   A permanent certificate of occupancy may be issued for such development once all terms and conditions of the approved site plan have been satisfactorily completed or provided for.

      3.   Construction, grading, or other development activities may be carried out only in compliance with the certified site plan.

      4.   When a site plan has been approved for property pursuant to this section, the property must be used and maintained in compliance with the approved site plan. No person may use property in a manner or physical condition that does not conform to the approved site plan for such property.

   J.   Resubmission And Amendments:

      1.   Resubmission of any site plan due to changes required or made to the site plan as previously submitted may be made in accordance with schedule of fees adopted by the city council.

      2.   An approved site plan may be amended in accordance with the site plan review procedures of this section. However, the community development director is authorized to waive applicable review and approval procedures and fees if the community development director determines that a proposed amendment involves only a minor change in the approved site plan. Any waiver by the community development director must be in writing.

      3.   If a site plan is resubmitted for final approval and the planning staff determines that the site plan does not comply with conditions imposed by the decision-making body, the applicant may elect to either:

         a.   Revise the site plan to comply with required conditions in accordance with the interpretation of the conditions by the planning staff; or

         b.   Submit a written request by letter or email communication that the resubmission will be processed as an amendment to the site plan.

   K.   Appeals:

      1.   The applicant may appeal the community development director’s final site plan decision by filing a written notice of and reasons for the appeal with the planning staff by three (3) days after the action date from which the appeal is sought.

      2.   All appeals of interpretations or final decisions of the zoning administrator must be placed on the agenda of the planning board within 30 days of the date that written notice of the appeal was filed with the planning staff unless the applicant agrees to an extension of time for planning board action. (Ord. 2023-7, 7-17-2023)

   A.   General: This section establishes regulations governing the granting of requests for design exceptions to Downtown Districts Design Guidelines. These exception regulations are divided into two (2) categories:

      1.   Minor, staff-approved design exceptions, referred to as minor design exceptions; and

      2.   More significant design exceptions, which must be reviewed and approved by the planning board, are referred to as major design exceptions.

   B.   Intent: The design exception provisions of this section are intended to authorize the granting of relief from strict compliance with the regulations when specific site features or characteristics of the subject property, including the presence of existing buildings, create conditions that make strict compliance with applicable regulations impractical or undesirable. The exception provisions are also intended to recognize that alternative design solutions may result in equal or better implementation of the regulation’s intended purpose and consistency with the Growth Policy, and Downtown Design Plan.

   C.   Burden Of Proof Or Persuasion: The burden is on the applicant to demonstrate that the requested exception meets the criteria for approval or that the exception would equal or exceed the results of strict compliance with the subject regulation.

   D.   Applications: Requested exceptions must be noted on the required application and plan, and the application must include a written statement describing why the exception is necessary and all efforts to mitigate any adverse impacts resulting from a grant of the exception.

   E.   Minor Design Exceptions: During the site plan review process, the planning staff is authorized to approve the following as minor design exceptions based on consideration of the general intent statement of 10-6-19.B.

      1.   Design Standards.

      2.   Building Materials.

      3.   Build-to Zone. Increase or decrease any build-to-zone requirement by 25% or 2 foot, whichever is greater.

      4.   Primary Frontage Lot Line Coverage: Decrease the minimum primary frontage lot line coverage requirement by 15% or 3 feet, whichever is greater.

      5.   Building Setbacks: Decrease any setback by up to 15% or 1 foot, whichever is greater.

      6.   Height: Increase the minimum or maximum height for any story by up to 3 feet.

      7.   Occupied Space: Reduce the minimum depth of required occupied space by up to 15% or approve unoccupied space on up to 20% of the frontage.

      8.   Transparency: Reduce minimum transparency requirements by up to 15%.

      9.   Other measurements: Reduce or increase by up to 10% any minimum requirements of that are expressed as a dimension or distance.

   F.   Major Design Exceptions:

      1.   The planning board is authorized to approve requests for relief from strict compliance with the Downtown Design Guidelines of Chapter 2 that are not expressly authorized for processing as minor design exceptions and to hear and decide appeals of the planning staff’s decision on any minor design exception.

      2.   The planning board’s decision to approve or deny a request for a major design exception must be based on a determination of whether:

         a.   The requested design exception is consistent with the general intent statement 10-6-19.B;

            (1)   The requested design exception is consistent with the Growth Policy, the Downtown Design Plan, and any adopted area plan; and

            (2)   The requested design exception will not result in any adverse impacts on other properties in the area beyond those impacts ordinarily expected through the implementation of the regulation. (Ord. 2023-7, 7-17-2023)

   A.   Conditional Use Notice Of Hearing:

      1.   Publication. At least fifteen (15) days’ notice before the time and place of such hearing shall be published in an official paper or paper of general circulation in the city.

      2.   Mail. All property owners within three hundred feet (300') of the site of the proposed district change shall be notified of the proposed change via the United States mail at least ten (10) days prior to the public hearing. Names and addresses of adjoining property owners will be provided to the planning office by the applicant and will be certified by the county recorder or an authorized title company.

      3.   Posted. The project site shall be posted indicating the time and location of the public hearing at least ten (10) days prior to the hearing date.

   B.   Variance And Appeal Notice Of Hearing:

      1.   Publication. Notice of the hearing shall be published once in a newspaper of general circulation within the city at least ten (10) days prior to the hearing date.

      2.   Mail. All property owners within three hundred feet (300') of the site of the proposed district change shall be notified of the proposed change via the United States mail at least ten (10) days prior to the public hearing. The applicant will provide names and addresses of adjoining property owners to the planning office and will be certified by the county recorder or an authorized title company.

      3.   Posted. A notice will be posted on the proposed site of the variance for ten (10) days prior to the hearing, giving notice that an application for a variance has been filed on the property, giving the hearing date and hearing location and a telephone number for further information.

   C.   Zoning Text Notice Of Hearing:

      1.   Publication. At least fifteen (15) days’ notice of the time and place of such hearing shall be published in an official paper or paper of general circulation in the city.

   D.   Zoning Map Amendments Notice Of Hearing:

      1.   Publication. At least fifteen (15) days’ notice of the time and place of such hearing shall be published in an official paper or paper of general circulation in the city.

      2.   Mail. All property owners within three hundred feet (300') of the site of the proposed district change shall be notified of the proposed change via the United States mail at least ten (10) days prior to the public hearing. Names and addresses of adjoining property owners will be provided to the planning office by the applicant and will be certified by the county recorder or an authorized title company.

      3.   Posted. The project site shall be posted indicating the time and location of the public hearing at least ten (10) days prior to the hearing date. (Ord. 2023-7, 7-17-2023)

   A.   Enforcement: This title shall be enforced by the city council and their authorized representatives. No building permit or business or occupational use license shall be issued except in compliance with the provisions of this title.

   B.   Violation: Whenever a violation of this title 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 building official. They shall record such complaints properly and immediately investigate and take action as provided in this title.

   C.   Penalties:

      1.   Misdemeanor: Violation of the provisions of this title or failure to comply with any of its requirements, including violations of conditions and safeguards established in connection with the grant of variances or conditional uses or any of the requirements for conditions imposed by the city council, shall constitute a misdemeanor. Any person who violates any of the provisions of this title, or fails to comply with any of its requirements, shall, upon conviction thereof, be subject to penalty as provided in Section 1-4-1 of this code.

      2.   Separate Offense: The owner or tenant of any building, structure, premises, or part thereof, and any architect, builder, contractor, agent, or other person who commits, participates in, assists, or maintains such violation may each be found guilty of a separate offense and suffer the penalties herein provided.

      3.   Additional Remedies: Nothing herein contained shall prevent the city from taking such other lawful action as is necessary to prevent or remedy any violation. (Ord. 2023-7, 7-17-2023)